The European Communities (Recognition of Professional Qualifications) Regulations 2007

Functions of competent authorities in the United Kingdom

5.—(1) Without prejudice to its other powers and functions, a competent authority shall have the function of receiving and considering applications by applicants and taking the actions and decisions referred to in these Regulations.

(2) Competent authorities shall—

(a) work in close collaboration with competent authorities of other relevant European States;

(b) provide assistance to competent authorities of other relevant European States in order to facilitate application of these Regulations; and

(c) ensure the confidentiality of the information which they exchange.

(3) Competent authorities shall exchange information with competent authorities of other relevant European States regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for the pursuit of activities under these Regulations.

(4) Pursuant to paragraph (3), a competent authority receiving information from a competent authority of another relevant European State on disciplinary action or criminal sanctions, shall:

(a) examine the veracity of the circumstances,

(b) decide on the nature and scope of the investigations which need to be carried out, and

(c) inform that authority of the conclusions which it draws from the information available to it.

(5) If the holder of a qualification awarded by a competent authority requests, either in writing or by electronic means, that authority to provide him with any information or evidence as listed in Annex VII of the Directive in support of his application to practise a profession in another relevant European State which regulates that profession, the competent authority shall produce that information or evidence to the holder within the time limits set down in that Annex or, if there are no time limits, as soon as is reasonably practicable following the request of the holder.

(6) Competent authorities shall also act as contact points for their regulated professions.

(7) Contact points shall in addition to the function set out in regulation 38(2):

(a) provide citizens and the contact points of other relevant European States with such information as is necessary concerning the recognition of professional qualifications, such as information on the national legislation governing the regulated profession concerned and pursuit of that profession, including social legislation, and where appropriate the rules of ethics;

(b) on receipt of an enquiry, assist citizens in realising the rights conferred on them by the Directive, in cooperation, where appropriate, with other contact points and competent authorities.