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The European Union (Recognition of Professional Qualifications) Regulations 2015

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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 M1;

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;

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“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 M2;

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“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;

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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

M2OJ 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] M3 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

M3OJ 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

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Textual Amendments

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

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

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Textual Amendments

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 M4 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

M4S.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 M5 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 M6 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

M6S.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 M7 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

M7S.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 M8 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

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