Search Legislation

Advanced Search

The European Union (Recognition of Professional Qualifications) Regulations 2015

Changes over time for: PART 1

Help about opening options

Version Superseded: 01/12/2023

Status:

Point in time view as at 31/12/2020.

Changes to legislation:

There are currently no known outstanding effects for the The European Union (Recognition of Professional Qualifications) Regulations 2015, PART 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

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;

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 M2;

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

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources