The European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 2005

Statutory Instruments

2005 No. 882

PROFESSIONAL QUALIFICATIONS

The European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 2005

Made

22nd March 2005

Laid before Parliament

6th April 2005

Coming into force

29th April 2005

The Secretary of State, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to recognition of higher-education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations, in exercise of the powers conferred on her by that section, hereby makes the following Regulations:—

(1)

The European Communities (Designation) Order 2002, S.I. 2002/248. Under section 57 of the Scotland Act (1998 c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Community law in relation to devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable by her as regards Scotland.

(2)

1972 c. 68. By virtue of the amendment of section 1(2) of the European Communities Act by section 1 of the European Economic Area Act 1993(c. 51) regulations may be made under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area dated 2nd May 1992 (Cm 2073) as adjusted by the Protocol dated 17th March 1993 (Cm 2183) and the EEA Enlargement Agreement dated 14th October 2003 (Cm 6171). The EEA Enlargement Agreement is to be regarded as a Community Treaty under section 1(2) of the European Communities Act 1972 by the European Communities (Definition of Treaties)(Agreement on Enlargement of the European Economic Area) Order made on 10th June 2004 (S.I. 2004/1499). This came into force on 1st May 2004 on the same day as the Treaty concerning the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union signed in Athens on 16th April 2003 (“the Accession Treaty”). The European Union (Accession) Act 2003 (C.35) gives effect to the Accession Treaty in the United Kingdom by amending section 1(2) of the European Communities Act 1972. By virtue of the European Communities (Definition of Treaties)(Agreement between the European Community and its Member States and the Swiss Confederation on the Free Movement of Persons) Order 2000 (S.I.2000/3269) the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons, dated 21st June 1999 (Cm 5639) is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.