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The European Union (Recognition of Professional Qualifications) Regulations 2015

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Statutory Instruments

2015 No. 2059

Professional Qualifications

The European Union (Recognition of Professional Qualifications) Regulations 2015

Made

17th December 2015

Laid before Parliament

21st December 2015

Coming into force

18th January 2016

The Secretary of State is designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to recognition of higher education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of European Union instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes the following Regulations in exercise of the powers conferred under section 2(2) of, as read with paragraph 1A of Schedule 2 M3 to, the European Communities Act 1972.

Marginal Citations

M1S.I. 2002/248, S.I. 1995/3207, S.I. 2003/2901. Under section 57(1) of the Scotland Act 1998 (c.46), despite the transfer to Scottish Ministers of functions in relation to implementation obligations under Union law in relation to certain matters by virtue of section 53 of that Act, the function of the Secretary of State in relation to any matter continues to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972.

M21972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

M3Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

PART 1U.K.General Provisions

Citation and commencementU.K.

1.  These Regulations may be cited as the European Union (Recognition of Professional Qualifications) Regulations 2015 and come into force on 18th January 2016.

InterpretationU.K.

2.—(1) In these Regulations—

“the 2007 Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 M4;

F1...

F1...

“applicant” has the meaning set out in [F2regulation 8(4)];

F1...

“assistance centre” means the authority designated in the United Kingdom to assist with recognition of professional qualifications F3...;

F1...

F1...

F1...

F1...

“competent authority”—

(a)

in relation to the United Kingdom, has the meaning set out in regulation 4(1) to [F4(3)];

(b)

in relation to [F5a] relevant European State, has the meaning set out in regulation 4(5),

and unless the context otherwise requires, a reference to a competent authority is a reference to a competent authority in relation to the United Kingdom;

F1...

“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications M5;

F6...

F1...

F1...

F1...

“European Credit Transfer and Accumulation System” or “ECTS credit” means the credit system for higher education used in the European Higher Education Area;

F1...

“evidence of formal qualifications” has the meaning set out in regulation 9(2);

F1...

“home State” means the relevant European State in which the applicant obtained their professional qualifications F7...;

“holder” means a person to whom a competent authority of [F8the United Kingdom or] a relevant European State has awarded professional qualifications;

F1...

F1...

F1...

F1...

F1...

F1...

F1...

“point of single contact” means the authority designated in the United Kingdom to handle online queries on access to professional activities in the United Kingdom;

“practice” in relation to any regulated profession includes—

(a)

the taking up or pursuit of that profession F9..., whether in a self-employed capacity or as an employed person; and

(b)

in the course of such pursuit—

(i)

the right to use a professional title or designatory letters; and

(ii)

the enjoyment of the benefit of the status associated with membership of the profession;

“profession” includes occupation or trade;

“professional association” means an association or organisation recognised in a special form, the purpose of which is, in particular, to promote and maintain a high standard in the professional field with which it is concerned and which, to that end—

(a)

prescribes and enforces respect within its membership for rules of professional conduct and awards professional qualifications to its members; and

(b)

confers on its members the right to use one or more professional titles or designatory letters or to benefit from a status corresponding to that professional qualification;

F1...

“professional traineeship” means a period of professional practice carried out under supervision that constitutes a condition for access to a regulated profession, and takes place either during or after completion of an education leading to a diploma;

“professional qualifications” has the meaning set out in regulation 9(1);

F1...

“regulated education and training” has the meaning set out in regulation 8(2);

“regulated profession” has the meaning set out in regulation 8(1);

F1...

[F10“relevant European State” means an EEA State or Switzerland;]

“same profession” means the profession for which the applicant is qualified in their home State if the activities covered are comparable;

F1...

F1...

F1...

(2) A reference in these Regulations to the Directive or a provision of the Directive is a reference to the Directive or a provision of the Directive as amended from time to time.

(3) A reference in these Regulations to the Implementing Regulation 2015 or a provision of that Regulation is a reference to the Implementing Regulation 2015 or a provision of that Regulation as amended from time to time.

(4) A reference in these Regulations to the United Kingdom shall, as the context requires, be taken to include a reference to any one or more of: England, Wales, Scotland, and Northern Ireland.

(5) For the purposes of these Regulations, an association or organisation established in the United Kingdom shall be taken to have been recognised in special form if the mode of its establishment was incorporation by Royal Charter.

(6) For the purposes of these Regulations, a profession having public health or safety implications is a regulated profession which is one of the following—

(a)a profession listed in Schedule 2;

(b)a sectoral profession, except the profession of architect, in a case described in regulation 3(8).

Textual Amendments

F6Words in reg. 2(1) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 389(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Marginal Citations

M5OJ No L 255, 30.9.2005, p.22.

ApplicationU.K.

[F113.  These Regulations do not apply in relation to—

(a)any profession regulated under—

(i)the Medical Act 1983;

(ii)the Dentists Act 1984;

(iii)the Opticians Act 1989;

(iv)the Osteopaths Act 1993;

(v)the Chiropractors Act 1994;

(vi)Part 3 of the Regulation of Care (Scotland) Act 2001;

(vii)Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016;

(viii)Part 2 of the Children and Social Work Act 2017;

(ix)the Nursing and Midwifery Order 2001;

(x)the Health Professions Order 2001;

(xi) the Health and Personal Social Services Act (Northern Ireland) 2001;

(xii)the Pharmacy Order 2010;

(b)the profession of architect;

(c)the profession of veterinary surgeon;

(d)the profession of farrier in England, Wales and Scotland;

(e)the profession of statutory auditor as defined in section 1210 of the Companies Act 2006;

(f)the profession of notary appointed by an official act of government;

(g)any regulated profession in relation to which, immediately before IP completion day—

(i)specific arrangements directly related to the recognition of professional qualifications were made in any EU Regulation, EU Directive, EU decision or EU tertiary legislation; and

(ii)the effect of those arrangements excluded the application of the Directive.]

Textual Amendments

Competent authoritiesU.K.

4.—(1) In the case of a regulated profession listed in [F12Parts 1 and 2] of Schedule 1, the competent authority in the United Kingdom for the purposes of [F13these Regulations] so far as relating to that profession is the body or authority specified in relation to that profession in that Part of that Schedule.

(2) In the case of a regulated profession that is regulated in the United Kingdom but is not listed in Schedule 1, the competent authority in the United Kingdom for the purposes of [F14these Regulations] so far as relating to that profession is the governing body of that profession in the United Kingdom.

F15(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of these Regulations, the competent authority in [F16a] relevant European State in relation to—

(a)any document, certificate, F17... diploma or qualification,

(b)F18... or

(c)any application, action or decision,

is the authority, body or person who under laws, regulations or administrative provisions is authorised in that State to issue, award or recognise the document or information concerned F19....

Textual Amendments

Functions of competent authorities in the United KingdomU.K.

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

F20(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(4) A competent authority must—

(a)act as a point of single contact for their regulated professions; and

(b)provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.]

[F22(5) A competent authority must fully cooperate with the assistance centre and provide all relevant information about individual cases to the assistance centre on request, and subject to data protection legislation within the meaning of section 3(9) of the Data Protection Act 2018.]

(6) A competent authority must enable all requirements, procedures and formalities relating to matters covered by these Regulations to be easily completed, remotely and by electronic means but they may request certified copies at a later stage in the event of justified doubts and where strictly necessary.

F23(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where a competent authority asks for [F24advanced electronic signatures under Article 3(11) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market] M6 for the completion of procedures referred to in paragraph (6), it must [F25act in accordance with Article 27 of that Regulation (and for this purpose the completion of the procedures is to be treated as the use of an online service to which that Article applies).]

F26(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The procedural time limits set out in [F27regulation] 42 commence at the point when an application or any missing documents have been submitted by an applicant to a point of single contact or directly to the competent authority.

(11) Any request for certified copies under paragraph (6) is not considered as a request for missing documents.

[F28(12) If the applicant does not provide any certified copies requested under paragraph (6) before the expiry of the time limit for the competent authority to notify the applicant of its decision under regulation 42(2), the competent authority may refuse the application.]

Textual Amendments

Marginal Citations

M6OJ No L 13, 9.1.2000, p.12.

6.—(1) A competent authority seeking to ensure that a professional has a knowledge of language necessary for practising the profession in the United Kingdom may impose controls—

(a)in cases where the profession has patient safety implications; and

(b)in all other cases, where there is serious and concrete doubt about the applicant's language knowledge in respect of the professional activities the applicant intends to pursue.

(2) Any controls under this regulation may only be carried out after the recognition of the professional qualification F29....

(3) Controls under this regulation must be proportionate to the activity to be pursued.

(4) A decision to impose controls under this regulation is subject to appeal in accordance with regulation 68.

Textual Amendments

7.—(1) Where access to a regulated profession in the UK is conditional on completion of a professional traineeship, the competent authority must, when considering a request [F30by an applicant] for authorisation to practise the profession—

(a)recognise professional traineeships that have been carried out to an equivalent standard in [F31a] relevant European state;

(b)take account of traineeships that have been carried out in a third country.

(2) The competent authority must publish guidelines on the organisation and recognition of traineeships carried out in a relevant European state or third country, and in particular on the role of the supervisor of the professional traineeship.

(3) Recognition of the professional traineeship under paragraph 1(a) does not replace any requirements to pass an examination in order to gain access to the profession.

(4) Competent authorities in the United Kingdom may impose a reasonable limit on the duration of the part of any traineeship which can be carried out abroad.

[F32(5) In this regulation, “third country” means a country other than a relevant European State.]

Textual Amendments

Regulated profession, regulated education and training and applicantsU.K.

8.—(1) In these Regulations, “regulated profession” means—

(a)in relation to the United Kingdom—

(i)a profession listed in [F33Part 1] of Schedule 1;

(ii)a profession practised by members of a professional association who have a title or designation set out in Part 2 of Schedule 1;

(iii)a professional activity or group of activities access to which, the pursuit of which or one of the modes of pursuit of which is subject (directly or indirectly) by virtue of legislative, regulatory or administrative provisions to the possession of specific professional qualifications; or

(iv)a professional activity or group of activities pursuit of which is by persons using a professional title limited by legislative, regulatory or administrative provisions to holders of a given professional qualification;

(b)in relation to [F34a] relevant European State, a professional activity, or group of professional activities, which constitutes a profession if and in so far as the activity, or group of activities, is regulated in that State as a professional activity.

(2) “Regulated education and training” means education and training which is directly geared to the practice of a profession in [F35the United Kingdom or] a relevant European State, and comprises a course or courses complemented where appropriate by professional training or probationary or professional practice, the structure and level of which are determined by the laws, regulations or administrative provisions of [F36the United Kingdom or, as the case may be,] that relevant European State or which are monitored or approved by the competent authority in [F37the United Kingdom or, as the case may be] a relevant European State.

F38(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of Chapters 1 F39... and 4 of Part 3, and of any other provision of these Regulations so far as relating to those Chapters F39... “applicant” means an individual—

(a)who [F40applies for authorisation] to access and pursue a regulated profession in the United Kingdom F41..., whether in an employed or self-employed capacity; [F42and]

F43(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)whose qualifications were obtained in a relevant European State F44... F45...

F45(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Professional qualifications and evidence of formal qualificationsU.K.

9.—(1) In these Regulations F46..., “professional qualifications” means—

(a)qualifications attested by evidence of formal qualifications;

F47(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) “Evidence of formal qualifications” means—

(a)diplomas, certificates and other evidence issued by an authority in [F48the United Kingdom or] a relevant European State certifying successful completion of professional training obtained mainly in [F48the United Kingdom or] one or more relevant European States; F49...

F49(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Partial accessU.K.

F5010.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Procedure applicable to partial access applicationsU.K.

F5111.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52PART 2U.K.Freedom to Provide Services on a Temporary and Occasional Basis

Textual Amendments

Right to practise in the United KingdomU.K.

12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ExemptionsU.K.

14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Declaration and documents to be provided on the first provision of serviceU.K.

15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Title under which professional services are providedU.K.

18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Checks for professions having public health or safety implicationsU.K.

19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-complianceU.K.

24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administrative cooperation and service provisionU.K.

25.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information to be given to a recipient of professional services or serviceU.K.

26.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3U.K.[F53Applications for Authorisation]

Textual Amendments

CHAPTER 1U.K.General System for the Recognition of Training

Levels of qualificationU.K.

27.  For the purpose of applying conditions for recognition under regulation 29, professional qualifications are grouped under the following levels—

F54(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a certificate attesting to a successful completion of a course of secondary education either—

(i)general in character, supplemented by a course of study or professional training other than that referred to in paragraph (c) and/or by the probationary or professional practice required in addition to that course, or

(ii)technical or professional in character, supplemented where appropriate by a course of study or professional training as referred to in sub-paragraph (i), and/or by the probationary or professional practice required in addition to that course;

(c)a diploma certifying successful completion of either—

(i)training at post-secondary level other than that referred to in paragraphs (d) and (e) of a duration of at least one year or of an equivalent duration on a part-time basis, one of the conditions of entry of which is, as a general rule, the successful completion of the secondary course required to obtain entry to university or higher education or the completion of equivalent school education of the second secondary level, as well as the professional training which may be required in addition to that post-secondary course; or

(ii)regulated education and training or, in the case of a regulated profession, vocational training with a special structure with competences going beyond what is provided for at paragraph (b) equivalent to the level of training provided for under sub-paragraph (i), which provides a comparable professional standard and which prepares the trainee for a comparable level of responsibilities and functions provided that the diploma is accompanied by a certificate from the home state;

(d)a diploma certifying successful completion of training at post-secondary level of at least three and not more than four years' duration, or of an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment providing the same level of training, and that the applicant has successfully completed the professional training which may be required in addition to that post-secondary course;

(e)a diploma certifying that the holder has successfully completed a post-secondary course of at least four years' duration, or of an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment providing the same level of training, and that the applicant has successfully completed the professional training which may be required in addition to the post-secondary course.

Textual Amendments

Equal treatment of qualificationsU.K.

F5528.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Conditions for recognitionU.K.

29.—[F56(1) If access to, or pursuit of, a regulated profession in the United Kingdom is contingent on possession of specific qualifications, a competent authority must permit access to, and pursuit of, that profession to an applicant, where that applicant possesses evidence of formal qualifications required by a relevant European State, where the profession is regulated, in order to gain access to and pursue the same profession in that relevant European State.]

[F57(1A) The requirement on the competent authority in paragraph (1) does not apply where—

(a)the training the applicant has received covers substantially different matters than those covered by the evidence of formal qualifications required for the regulated profession in the United Kingdom; or

(b)the regulated profession in the United Kingdom—

(i)comprises one or more regulated professional activities which do not exist in the profession in the applicant's home State; and

( ii) requires specific training that covers substantially different matters from those covered by the applicant’s evidence of formal qualifications; or

(c)the level of the professional qualifications of the applicant is lower than the level of the specific professional qualifications required to access and pursue the regulated profession in the United Kingdom;

(1B) In paragraph (1A), “substantially different matters” means matters of which knowledge, skills and competences acquired are essential for pursuing the profession and with regard to which the training received by the applicant shows significant differences in terms of duration or content from the training required in the United Kingdom.]

(2) F58... Evidence of formal qualifications must satisfy the following conditions—

(a)they must have been issued by a competent authority of [F59a] relevant European State;

F60(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F61(3) Nothing in paragraphs (1) or (1A) prevents a competent authority from exercising any other powers it may have to permit an applicant to access and pursue a regulated profession.]

F62(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Compensation measures - adaptation periods and aptitude testsU.K.

F6330.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6331.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Conditions for compensation measuresU.K.

F6332.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6333.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6334.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER 2U.K.Recognition of Professional Experience

Automatic RecognitionU.K.

F6335.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER 3U.K.United Kingdom Certificates of Experience

Issue and revocation of Certificates of ExperienceU.K.

F6336.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6337.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER 4U.K.[F64General Provisions]

Textual Amendments

Documentation and formalitiesU.K.

38.—[F65(1) When considering an application for authorisation to pursue a regulated profession, the competent authority may require any information or documentation necessary to enable the competent authority to assess the application, including—

(a)evidence of formal qualifications, and any information necessary to determine the level and content of those qualifications;

(b)information concerning the applicant's training to the extent necessary to determine the existence of potential substantial differences to the training requirements in the United Kingdom;

(c)the applicant's fitness to practice and professional or financial standing; and

(d)the applicant's insurance cover.]

F66(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The competent authority must keep confidential all such information received by it.

Textual Amendments

39.—(1) A competent authority, in cases of justified doubt, may [F67request] from a competent authority of a relevant European State confirmation of the authenticity of the F68... evidence of formal qualifications awarded in that F68... relevant European State.

(2) A competent authority, in cases of justified doubt, is entitled, where evidence of formal qualifications has been issued by a competent authority of a relevant European State and includes training received in whole or in part in an establishment legally established in a relevant European State other than that which awarded the qualification, to verify with a competent authority of the relevant European State of origin of the award—

(a)whether the training course at the establishment which gave the training has been formally certified by the educational establishment in the relevant European State of origin of the award;

(b)whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed in the relevant European State of origin of the award; and

(c)whether the evidence of formal qualifications confers the same professional rights in the territory of the relevant European State of origin of the award.

(3) A competent authority, in cases of justified doubt, is entitled to [F69request] confirmation from a competent authority of a relevant European state that the applicant is not suspended or prohibited from the pursuit of the profession as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of the applicant's professional activities.

[F70(4) Where a competent authority of another relevant European State does not provide the confirmation required or the verification sought by a competent authority under this regulation before the expiry of the time limit for notifying the applicant of its decision under regulation 42(2), the competent authority may refuse the application.]

Textual Amendments

F7140.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7241.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Decisions of competent authoritiesU.K.

42.—(1) The competent authority must acknowledge receipt of an applicant's application [F73for authorisation to practise] in the United Kingdom pursuant to Part 3 of these Regulations within one month of receipt, and must inform the applicant if any document is missing.

(2) The competent authority must consider the applicant's application as soon as is reasonably practicable, and must notify the applicant of its decision together with the reasons upon which it is based [F74within four months] of receipt of all the relevant documentation.

(3) The decision referred to in paragraph (2), or failure to take that decision within the deadlines set out in that paragraph, is subject to appeal pursuant to regulation 68.

(4) For the purposes of this regulation, if a competent authority fails to take a decision and notify it to the applicant within the period mentioned in paragraph (2), it shall be deemed to have taken a decision to reject the application and to have notified it to the applicant on the last day of that period.

F75(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Use of professional titlesU.K.

43.—(1) If the use of a professional title relating to one of the activities of the profession in question is regulated in the United Kingdom, applicants who are authorised to practise a regulated profession in accordance with this Part of these Regulations must use the professional title used in the United Kingdom which corresponds to that profession, and make use of any associated initials.

(2) Where a profession is regulated in the United Kingdom by a professional association, applicants must not be authorised to use the professional title issued by that professional association, or its abbreviated form, unless they furnish proof that they are members of that professional association.

(3) A professional association that makes membership contingent upon certain qualifications may do so only under the conditions laid down in these Regulations in respect of applicants who possess professional qualifications.

F76(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77PART 4U.K.European Professional Card

Textual Amendments

Functions of designated competent authorities in the United Kingdom in relation to an application for a European Professional CardU.K.

44.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Processing and access to data regarding the European Professional CardU.K.

45.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of European Professional Card for temporary and occasional provision of service other than those having public health or safety implicationsU.K.

50.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of European Professional Card for temporary and occasional provision of services having public health or safety implicationsU.K.

51.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of European Professional Card for establishmentU.K.

56.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decision on issue or revocation of the European Professional CardU.K.

62.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78PART 5U.K.Automatic recognition on the basis of common training principles

Textual Amendments

Common training frameworkU.K.

64.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Common training testU.K.

65.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6U.K.Supplementary

Exchange of informationU.K.

66.—(1) Competent authorities in the United Kingdom [F79may exchange information with competent authorities of] 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.

(2) A competent authority in the [F80United Kingdom] receiving information from a competent authority of [F81a] relevant European State on disciplinary action or criminal sanctions, must—

(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.

(3) Competent authorities must exchange information for the purposes of this regulation in accordance with data protection [F82legislation within the meaning of section 3(9) of the Data Protection Act 2018].

Textual Amendments

Alert mechanismU.K.

F8367.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

AppealsU.K.

68.—(1) Within four months of the notification to the applicant of a decision of a competent authority made in relation to the applicant under [F84either regulation 6(1) or 42(2)], or thereafter with the permission of the appropriate appeal body, the applicant may appeal against that decision on a matter of law or fact (or of both) to the appropriate appeal body.

F85(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This regulation does not apply in relation to a decision of a competent authority (which falls within paragraph (1) F86...) for a particular profession where the right of appeal in relation to that decision is provided for in another enactment relating to that profession.

(4) An appropriate appeal body may, for the purpose of determining any appeal under these Regulations against the decision of a competent authority under [F87regulation 6(1) or 42(2)]—

(a)give any authorisation to practise and impose any condition which the competent authority could give or impose in relation to that profession; or

(b)remit the matter to the competent authority with such directions as the appeal body sees fit.

[F88(5) In paragraph (3), “enactment” includes—

(a)an enactment contained in subordinate legislation within the meaning given by subsection (1) of section 21 of the Interpretation Act 1978, except that the definition of that term in that subsection shall have effect as if “Act” included Northern Ireland legislation, and

(b)an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act.]

(6) In this regulation, “appropriate appeal body” means—

(a)where the profession concerned is one set out in the first column of an entry in Schedule 5, the court, tribunal or other person set out in the second column of that entry;

(b)in any other case, the county court or, in Scotland, the sheriff.

Textual Amendments

Use of academic titlesU.K.

69.—(1) Without prejudice to [F89regulation] 43, an applicant who is authorised to practise a regulated profession in the United Kingdom will have the right to use the lawful academic title (and where appropriate the abbreviation thereof) acquired by that applicant in their home State and in the language of that State.

(2) Where the applicant makes use of the possibility provided for in paragraph (1), the competent authority may require that the title shall be followed by the name and location of the establishment or examining board which awarded it.

(3) Where a competent authority decides that an academic title in paragraph (1) is liable to be confused with a title which, in the United Kingdom, requires supplementary training not acquired by the applicant, it may require the applicant to use the academic title of the home State in an appropriate form laid down by the competent authority.

Textual Amendments

Assistance centreU.K.

70.—(1) The assistance centre must—

(a)provide applicants F90... 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, F91... and, where appropriate, the rules of ethics;

[F92(b)on receipt of an enquiry, assist applicants in exercising the rights conferred on them by these Regulations, in co-operation where appropriate, with points of single contact and competent authorities in the United Kingdom.]

(2) On request from the [F93Secretary of State], the assistance centre must inform the [F93Secretary of State] of the result of the enquiries with which they are dealing within two months after receiving such a request.

Textual Amendments

Information from competent authoritiesU.K.

71.—(1) Competent authorities must provide the Secretary of State with such information (including statistical information) as the Secretary of State may require concerning applications made to those authorities by those seeking to rely on the provisions of [F94these Regulations] and the actions and decisions taken in respect of those applications.

(2) The information referred to in paragraph (1) must include detailed information on the number and types of decisions issued in accordance with these RegulationsF95....

Textual Amendments

ReviewU.K.

72.—(1) The Secretary of State must from time to time—

(a)carry out a review of the effect of these Regulations,

(b)set out the conclusions of the review in a report, and

(c)publish the report.

F96(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The report must in particular—

(a)set out the objectives to be achieved by the regulatory system established by the Regulations,

(b)assess the extent to which those objectives have been achieved, and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Textual Amendments

Consequential amendmentsU.K.

73.—(1) The European Communities (Lawyer's Practice) Regulations 2000 M7 are amended as follows.

(2) In regulation 2(1), in the definition of “Qualification Regulations”, for “the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ the European Union (Recognition of Professional Qualifications) Regulations 2015 ”.

(3) In regulation 29(1), for “regulation 26(a)” substitute “ regulation 34(a) ”.

(4) In the heading to Schedule 1, for “REGULATION 26(A)” substitute “ REGULATION 34(A) ”.

Marginal Citations

M7S.I. 2000/1119, amended by S.I. 2009/1587; there are other amending instruments but none is relevant.

74.—(1) The Education (School Teachers' Qualifications) (England) Regulations 2003 M8 are amended as follows.

(2) In paragraph 8 of Part 1 of Schedule 2, for “the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ the European Union (Recognition of Professional Qualifications) Regulations 2015 ”.

Marginal Citations

75.—(1) The Provision of Services Regulations 2009 M9 are amended as follows.

(2) In regulation 31, in paragraph (5) omit the entry reading “regulations 11, 12, 31, 32 and 33 of the European Communities (Recognition of Professional Qualifications) Regulations 2007;” and in the appropriate place insert “ regulations 15, 16, 38, 39, 40, 44, 52, 57 and 58 of the European Union (Recognition of Professional Qualifications) Regulations 2015. ”

Marginal Citations

M9S.I. 2009/2999, to which there are amendments not relevant to these Regulations.

76.—(1) The Tribunal Procedure (First-Tier Tribunal)(General Regulatory Chamber) Rules 2009 M10 are amended as follows.

(2) In rule 1(3), in the definition of “transport case” for “and the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ , the European Communities (Recognition of Professional Qualifications) Regulations 2007 and the European Union (Recognition of Professional Qualifications) Regulations 2015 ”.

Marginal Citations

M10S.I. 2009/1976, to which there are amendments not relevant to these Regulations.

77.—(1) The Education (Induction Arrangements for School Teachers) (England) Regulations 2012 M11 are amended as follows.

(2) In paragraph 10 of Schedule 1, for “the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ the European Union (Recognition of Professional Qualifications) Regulations 2015 ”.

Marginal Citations

Transitional and saving provisionsU.K.

78.—F97(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) From the date of entry into force of these Regulations, any authorisation given by a competent authority to an applicant under the 2007 Regulations is to be treated as an authorisation given under these Regulations.

F98(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RevocationU.K.

79.  Subject to regulation 78, the 2007 Regulations are revoked in their entirety.

80.  The Regulations set out in the first column of Schedule 6 are revoked to the extent expressed in the third column of that Schedule.

Neville-Rolfe

Parliamentary Under Secretary of State and Minister for Intellectual Property

Department for Business, Innovation and Skills

Regulations 3 and 8

SCHEDULE 1U.K.Regulated Professions

PART 1U.K.Professions Regulated by Law or Public Authority

ProfessionCompetent authority
Advocate in ScotlandThe Faculty of Advocates
Airport Fire OfficerCivil Aviation Authority
Airport Fire Fighter
Analytical ChemistThe Royal Society of Chemistry
Barrister in England and WalesGeneral Council of the Bar
Barrister in Northern IrelandThe Bar of Northern Ireland, the Inn of Court of Northern Ireland
Licensed BoatmasterSecretary of State
In England and Wales:Security Industry Authority
Cash and Valuables in Transit Operative
Close Protection Operative
Door Supervisor
Public Space Surveillance Operative
Security Guard

Vehicle Immobiliser

In Scotland and Northern Ireland:

Cash and Valuables in Transit Operator

Close Protection Operative

Door Supervisor

Public Space Surveillance Operative

Security Guard

In Northern Ireland:

Vehicle Immobiliser

F99. . .F99. . .
F100. . .F100. . .

Licensed conveyancer

Licensed CLC practitioner

The Council for Licensed Conveyancers
Deck Officer Class 1--Fishing VesselsMaritime and Coastguard Agency
Deck Officer Class 2--Fishing Vessels
Deck Officer Class 3--Fishing Vessels
Engineer Class 1--Fishing Vessels
Engineer Class 2--Fishing Vessels
F101. . .F101. . .
F102. . .
F103. . .
F104. . .
F105. . .
F106. . .
Approved Driving Instructor (Great Britain)Driver and Vehicle Standards Agency - Registrar, (Part V, section 123 of the Road Traffic Act 1988 M12 and the Motor Cars (Driving Instruction) Regulations 2005 M13)
Approved Driving Instructor (Northern Ireland)Driver Vehicle Agency Northern Ireland

[F107In England:

  • Level 2 Childcare Worker

  • Level 3 Early Years Educator

  • Level 6 Specialist Early Years Graduate]

[F108Secretary of State]
F109. . .F109. . .
Harbour PilotThe competent harbour authority within the meaning of section 1 of the Pilotage Act 1987 M14
Registered Gas EngineerGas Safe Register
The following health and care professionsHealth and Care Professions Council
F110. . .
F111. . .
F112. . .
F113. . .
F114. . .
F115. . .
F116. . .
F117. . .
F118. . .
F119. . .
F120. . .
F121. . .
F122. . .
F123. . .
F124. . .
F125. . .
Insolvency PractitionerThe Insolvency Practitioners Association
Department of Enterprise, Trade and Investment in Northern Ireland
The Association of Chartered Certified Accountants
The Institute of Chartered Accountants in England and Wales
The Institute of Chartered Accountants in Ireland
The Institute of Chartered Accountants of Scotland
The Law Society of Northern Ireland
Inspector of Weights and MeasuresSecretary of State
Inspector of Weights and Measures in Northern IrelandDepartment of Enterprise, Trade and Investment in Northern Ireland
Certified Instructor (Motor Cycles) (Great Britain)Drivers and Vehicles Standards Agency
Approved Motorcycle Instructor (Northern Ireland)Driver Vehicle Agency Northern Ireland
DiverThe Health and Safety Executive
F126. . .F126. . .
F127. . .
Notary Public (England and Wales)Master of the Faculties
F128. . .F128. . .
F129. . .
F130. . .F130. . .
Patent AttorneyThe Chartered Institute of Patent Attorneys
Patent Agent
F131. . .F131. . .
F132. . .F133. . .
Road/Street Works Operatives

Scottish Qualifications Authority

City and Guilds of London Institute

The Certification and Association Board for the Water Authority

Road/Street Works Supervisors

Scottish Qualifications Authority

City and Guilds of London Institute

The Certification and Association Board for the Water Authority

School Teacher in a publicly regulated school in England [F134Secretary of State]
School Teacher in a publicly regulated school in Northern IrelandThe General Teaching Council for Northern Ireland
School Teacher in a publicly regulated school in ScotlandThe General Teaching Council for Scotland
School Teacher in a publicly regulated school in WalesThe Education Workforce Council
F130. . .F130. . .
F135. . .F135. . .
F136. . .F136. . .

F137...

F138...

Solicitor in England and WalesThe Law Society
Solicitor in Northern IrelandThe Law Society of Northern Ireland

Solicitor in Scotland

Conveyancing practitioner in Scotland

Executry Practitioner in Scotland

The Law Society of Scotland
Costs lawyerAssociation of Costs Lawyers
Chartered legal executiveChartered Institute of Legal Executives
F139. . .F133. . .
Teacher at a further education institution in Wales (within meaning of the Education Act 2002) M15Welsh Ministers
Certified Technically Competent Person in Scotland and Northern IrelandWaste Management Industry Training and Advisory Board

Registered Trade Mark Attorney

Registered Trade Mark Agent

The Institute of Trademark Attorneys
Listed Veterinary NurseThe Royal College of Veterinary Surgeons

Textual Amendments

F124Words in Sch. 1 Pt. 1 omitted (coming into force in accordance with reg. 1(2) of the amending S.I.) by virtue of The Social Workers Regulations 2018 (S.I. 2018/893), regs. 1(2), 45(2)(a)

Marginal Citations

M13S.I.2005/1902 to which there are amendments not relevant to this Schedule.

PART 2U.K.Professions Regulated by Professional Bodies Incorporated by Royal Charter

Professional Title (where applicable)Designatory LettersCompetent Authority
ActuaryFIAInstitute and

FFA

AIA

AFA

Faculty of Actuaries
Chartered Architectural TechnologistMCIATThe Chartered Institute of Architectural Technologists
Chartered AccountantACAThe Institute of Chartered Accountants in England and Wales
Chartered AccountantACAThe Institute of Chartered Accountants in Ireland
Chartered AccountantCAThe Institute of Chartered Accountants of Scotland
Chartered Certified AccountantACCAThe Association of Chartered Certified Accountants
Chartered ArbitratorFCIArbThe Chartered Institute of Arbitrators
Associate of the Chartered Institute of ArbitratorsACIArbThe Chartered Institute of Arbitrators
Member of the Chartered Institute of ArbitratorsMCIArbThe Chartered Institute of Arbitrators
Chartered BiologistCBiol,The Society of Biology
MIBiol
Chartered BuilderMCIOBThe Chartered Institute of Building
Associate of the Chartered Institute of BuildingACIOB
Chartered Building Services EngineerMCIBSEThe Chartered Institution of Building Services Engineers
Chartered Building SurveyorMRICSThe Royal Institution of Chartered Surveyors

Chartered Surveyor

Chartered Arts and Antiques Surveyor;

Chartered Building Surveyor;

Chartered Building Control Surveyor;

Chartered Civil Engineering Surveyor;

Chartered Commercial Property Surveyor;

Chartered Construction Surveyor;

Chartered Engineering Surveyor;

Chartered Environmental Surveyor;

Chartered Facilities Management Surveyor;

Chartered Forestry Surveyor;

Chartered Hydrographic Surveyor;

Chartered Land Surveyor;

Chartered Machinery Valuation Surveyor;

Chartered Management Consultancy Surveyor;

Chartered Minerals Surveyor;

Chartered Planning and Development Surveyor;

Chartered Project Management Surveyor;

Chartered Quantity Surveyor;

Chartered Valuation Surveyor;

MRICS
Associate of the Royal Institution of Chartered SurveyorsAssocRICS
Chartered Chemical EngineerMIChemEThe Institution of Chemical Engineers
Chartered ChemistC Chem,The Royal Society of Chemistry
MRSC
Chartered Civil EngineerMICEThe Institution of Civil Engineers
Chartered ColouristC Col.The Society of Dyers and Colourists
Licentiate of the Society of Dyers and ColouristsLSDC
Chartered Energy EngineerMEI FEIEnergy Institute
Chartered Petroleum EngineerMEI FEI
Chartered EngineerC EngEngineering Council UK
Incorporated Engineer;I Eng

Engineering Technician;

Information and Communications Technology Technician

EngTech

ICTTech

Chartered Environmental Health PractitionerMCIEHThe Chartered Institute of Environmental Health
FCIEH
Environmental Health OfficerMCIEHThe Chartered Institute of Environmental Health
FCIEH
Chartered Environmental Health OfficerCh EHO MREHISThe Royal Environmental Health Institute of Scotland
Ch EHO FREHIS
Environmental Health OfficerEHO MREHISThe Royal Environmental Health Institute of Scotland
EHO FREHIS

Chartered Forester

Chartered Arboriculturist

MICForThe Institute of Chartered Foresters
Chartered Gas EngineerMIGEMThe Institution of Gas Engineers and Managers
Chartered GeologistCGeolThe Geological Society
Chartered Geographer

CGeog

FGS

The Royal Geographical Society
Housing PractitionerMCIHThe Chartered Institute of Housing
Chartered IT ProfessionalCITPThe British Computer Society
Registered IT TechnicianRIITechThe Chartered Institute for IT
Chartered InsurerACIIThe Chartered Insurance Institute
Chartered Insurance PractitionerACII
Chartered Insurance BrokerACII
Chartered Financial PlannerAPFSThe Chartered Insurance Institute
Chartered Loss AdjusterACILAThe Chartered Institute of Loss Adjusters
Chartered Management AccountantACMAThe Chartered Institute of Management Accountants
Chartered Manager

Member MCMI

Chartered Member CMGR MCMI

Fellow FCMI

Chartered Fellow CMGR FCMI

Chartered Management Institute
Chartered Marine EngineerCMarENGThe Institute of Marine Engineering Science and Technology
Chartered MarketerMCIMThe Chartered Institute of Marketing
Associate Member of the Chartered Institute of MarketingACIMThe Chartered Institute of Marketing
Chartered MathematicianC MathThe Institute of Mathematics and its Applications
Chartered Mathematics teacherC MathTeachThe Institute of Mathematics and its Applications
Chartered Measurement And Control TechnologistMlnstMCThe Institute of Measurement and Control
Chartered MeteorologistCMetThe Royal Meteorological Society
Chartered PhysicistCPhysThe Institute of Physics
MInstP
Chartered Public Finance AccountantCIPFAThe Chartered Institute of Public Finance and Accountancy

Licentiate of the Royal Academy of Dance

Registered Teacher of the Royal Academy of Dance

LTRAD

RTRAD

Royal Academy of Dance
Chartered Safety and Health Practitioner

CMIOSH

CFIOSH

The Institution of Occupational Safety and Health
Chartered ScientistCSciScience Council
Chartered SecretaryACISThe Institute of Chartered Secretaries and Administrators
Chartered ShipbrokerMICSThe Institute of Chartered Shipbrokers
Chartered StatisticianCStatRoyal Statistical Society
Chartered Structural EngineerMIStructEThe Institution of Structural Engineers
Chartered Tax AdviserCTAChartered Institute of Taxation
Chartered Textile TechnologistCText ATIThe Textile Institute
Licentiate of the Textile InstituteLTI
Chartered Town PlannerMRTPIThe Royal Town Planning Institute
Chartered Waste ManagerMCIWMThe Chartered Institution of Wastes Management
Chartered BankerMCIBSThe Chartered Institute of Bankers in Scotland
Associate of the ifs School of Finance (Aifs)AifsIfS School of Finance

Certified Affiliate of the Chartered Institute of Library and Information Professionals

Chartered Member of the Chartered Institute of Library and Information Professionals

Chartered Fellow of the Chartered Institute of Library and Information Professionals

ACLIP

MCLIP

FCILIP

The Chartered Institute of Library and Information Professionals
FCLIP The Chartered Institute of Library and Information Professionals
M Hort (RHS)The Royal Horticultural Society
Chartered Water and Environment ManagerMCIWEMThe Chartered Institution of Water and Environmental Management
Member of the Institution of Engineering and TechnologyMIETThe Institution of Engineering and Technology
Member of the Institution of Mechanical EngineersMIMechEThe Institution of Mechanical Engineers
Member of the Institute of Materials Minerals and Mining (MIMMM)MIMMMThe Institute of Materials, Minerals and Mining
Landscape ArchitectCMLIThe Landscape Institute

Member, Royal Aeronautical Society

Fellow, Royal Aeronautical Society

MRAeS

FRAeS

The Royal Aeronautical Society
Naval ArchitectMRINAThe Royal Institution of Naval Architects
Chartered geographerRoyal Geographical Society

F140PART 3U.K.Regulated Professions Under Regulation 35

Textual Amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F141PART 4U.K.Sectoral Professions

Textual Amendments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 2(6)

F142SCHEDULE 2U.K.Regulated Professions Having Public Health or Safety Implications for the purposes of regulations 19 to 23 and 51 to 55.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 34

F143SCHEDULE 3U.K.Professions in Respect of which the Right of the Applicant to Choose Between an Adaptation Period and an Aptitude Test is Displaced

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 3

F144SCHEDULE 4U.K.Activities Referred to in Lists I, II and III of Annex IV of the Directive

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 68

SCHEDULE 5U.K.Appeal Bodies

ProfessionBody, court or person
Advocate in ScotlandThe Court of Session
Barrister in England and WalesThe High Court
Barrister in Northern IrelandThe Benchers of the Honourable Society of the Inn of Court of Northern Ireland
Licensed Cab Driver (London)A Magistrates' Court
Approved Driving Instructor ([F145England and Wales]) [F146The Magistrates’ Court]
[F147Approved Driving Instructor (Scotland)] [F148The Sheriff Court]
Approved Driving Instructor (Northern Ireland)The Magistrates' Court
Approved Motorcycle Instructor (Northern Ireland)The Magistrates' Court
Notary Public in England and Wales [F149Chancellor of the High Court]

Patent Attorney

Patent Agent

Registered Trade Mark Agent

Registered Trade Mark Attorney

The Comptroller-General of Patents, Designs and Trade Marks
School Teacher in a publicly regulated school in ScotlandThe Court of Session
F150. . .F150. . .
F151. . .F151. . .
Solicitor in England and WalesThe High Court
Solicitor in Northern IrelandThe Lord Chief Justice of Northern Ireland
Solicitor in ScotlandThe Court of Session

Textual Amendments

Regulation 80

SCHEDULE 6U.K.Revocation Schedule

(1)(2)(3)
Regulation revokedReferenceExtent of revocation

Health Care and Associated Professions (Miscellaneous Amendment and Practitioner Psychologists) Order 2009

S.I. 2009/1182

Article 4(1) Schedule 4, Part 1 paragraphs 18 (a)(i)(bb) and paragraph 18 (c) (i) and (ii)

Article 4(1) Schedule 4, Part 3, paragraphs 33(a) and 33(b)

Pharmacy Order 2010

S.I. 2010/231

Article 68, Schedule 4, Part 2, paragraphs 62(a) and 62(b).

Health Professions (Hearing Aid Dispensers) Order 2010

S.I. 2010/233

Article 11

Education Act 2011 (Consequential Amendments to Subordinate Legislation) Order 2012

S.I. 2012/765

Article 13

Health and Social Care Act 2012 (Consequential Provisions – Social Workers) Order 2012

S.I. 2012/1479

Article 11, Schedule Part 2, paragraph 82

The European Communities (Recognition of Professional Qualifications) (Amendment) Regulations 2013

S.I. 2013/732

The whole Regulations

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the European Communities (Recognition of Professional Qualifications) Regulations 2007 (“the 2007 Regulations”). The 2007 Regulations implemented in part Council Directive 2005/36/EC (“the principal Directive”) on the recognition of professional qualifications as last amended by Directive 2013/55/EU amending Directive 2005/36/EU on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (“the IMI Regulation”) (“the Directive”). The principal Directive replaced the previous Council Directives 89/48/EEC, 92/51/EC and 99/42/EC on the mutual recognition of professional qualifications, as well as the Directives laying down minimum standards of training in specific professions, namely the professions of doctor, nurse, dental practitioner, veterinary surgeon, midwife, pharmacist and architect (“the sectoral professions”).

These Regulations establish rules for the recognition of professional qualifications enabling individuals, referred to in these Regulations as “applicants”, from the States of the European Economic Area or Switzerland to gain access to the professions in which they are qualified and to practise under the same conditions as professionals in the United Kingdom where those professions are regulated. These rules set out provisions for facilitating the provision of temporary and occasional professional services cross-border, and also provisions in relation to applicants seeking to establish themselves on a stable basis in the United Kingdom.

These Regulations implement the principal Directive as amended by the 2013 Directive (“the amended Directive”) in relation to all regulated professions other than the sectoral professions but the provisions relating to partial access and the alert mechanism and appeals in respect of those provisions apply to the sectoral professions. They also implement the amended Directive in part in relation to the sectoral professions, and the extent to which these Regulations apply to applicants in the sectoral professions as set out in regulation 3. The provisions of the amended Directive relating to the sectoral professions which are not implemented by these Regulations will be implemented, if necessary, in regulations to be prepared by the Department of Health, the Department of Communities and Local Government and the Department for Environment, Food and Rural Affairs.

Part 1 of the Regulations sets out provisions relating to the application of the Regulations and the functions of competent authorities. Part 1 also provides for partial access to a professional activity under the conditions set out in that Part.

Part 2 of the Regulations sets out the rules for recognition of professional qualifications where an applicant moves to the United Kingdom seeking to provide professional services on a temporary and occasional basis. It sets out the role of a competent authority in relation to such an applicant, including specific provisions for professions having public health or safety implications, and it sets out the procedures and formalities with which an applicant must comply. It also makes provision for administrative cooperation between competent authorities of relevant European States.

Part 3 of these Regulations makes provision for recognition of professional qualifications where an applicant moves to the United Kingdom seeking to provide professional services on a permanent basis.

Chapter 1 of Part 3 sets out the rights of applicants to practise in the United Kingdom on a permanent basis. It imposes duties, subject to certain conditions and exceptions, upon competent authorities not to refuse, on grounds of inadequate qualifications, applicants who seek to practise a regulated profession in the United Kingdom if they hold the qualifications required by a relevant European State to practise the profession in that State. It also provides for competent authorities, in certain cases, to require an applicant to complete either an aptitude test or an adaptation period before authorising the applicant to practise the regulated profession in the UK.

Chapter 2 of Part 3, which applies only to the profession of farrier, makes provision for automatic recognition of professional experience by way of a certificate.

Chapter 3 of Part 3 of these Regulations sets out the procedure for the issue and revocation of a Certificate of Experience in respect of relevant experience and qualifications gained in the United Kingdom.

Chapter 4 of Part 3 makes provision concerning the evidence to be provided by an applicant or a competent authority in a relevant European State, the procedures to be followed by competent authorities when making decisions and the rights of an applicant to use the professional title or designatory letters applicable to the profession in the United Kingdom.

Part 4 of these Regulations sets out provisions relating to the issue of a European Professional Card (EPC) as a means of recognition of professional qualifications for the provision of services in another member state. Further provisions relating to the procedure for issuance of the EPC are set out in Commission Implementing Regulation (EU) No 2015/983 (“the Implementing Regulation”). The Implementing Regulation lists the professions eligible for the EPC in Annex 1.

Part 5 of these Regulations sets out the automatic recognition of qualifications under the common training framework and common training test provisions of the Directive to be given effect by delegated act of the Commission.

Part 6 of these Regulations sets out the alert mechanism by which competent authorities must notify other relevant States about professionals belonging to certain professions whose activities have been restricted or prohibited on its territory. Further provision on the application of the alert mechanism is provided for in the Implementing Regulation. It also provides rights of appeal against decisions of competent authorities, the right of an applicant to use the lawful academic title acquired by the applicant in their home State, and for the disclosure of information by competent authorities in the United Kingdom. Part 6 also makes consequential amendments including the revocation of the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781) which implemented the principal Directive.

A full impact assessment of the effect that this instrument will have on the cost of business, the voluntary sector and the public sector is available from the Department for Business, Innovation and Skills on the gov.uk website (www.gov.uk). An Explanatory Memorandum and a transposition note are available alongside the instrument on the www.legislation.gov.uk website. Copies have also been placed in the Libraries of both Houses of Parliament.

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