ApplicationU.K.
3.—(1) Subject to paragraphs (4) to (11), the provisions listed in paragraph (2) apply to applicants.
(2) Those provisions are—
(a)regulations 5(1) to (3), 6 and 7 (functions of competent authorities);
(b)regulations 10 and 11 (partial access);
(c)regulations 12 to 26 (Part 2 (freedom to provide services on a temporary and occasional basis));
(d)regulations 27 to 34, (Part 3 (freedom of establishment));
(e)regulation 35, (recognition of professional experience);
(f)regulations 38 to 43, (common provisions on establishment);
(g)regulations 44 to 63, (Part 4 European Professional Card) (in cases where the profession is listed in Annex 1 to the Implementing Regulation 2015);
(h)regulations 64 and 65, (automatic recognition on the basis of Common Training Platform);
(i)regulation 66 (exchange of information);
(j)regulation 68 (appeals);
(k)regulation 69 (use of academic titles).
(3) The provisions in regulation 67(1) and 67(3) to (10), and regulation 68 to the extent it applies to regulation 67, apply to professionals referred to in regulation 67(2).
(4) The provisions listed in paragraph (2) apply to the sectoral professions only as mentioned in paragraphs (3) and (5).
(5) The following provisions apply to the sectoral professions only in cases within paragraph (8) (in which the applicant for specific and exceptional reasons does not satisfy the requirements for automatic recognition or recognition on the basis of acquired rights)—
(a)regulations 6 and 7 (functions of competent authorities);
(b)regulations 10 and 11 (partial access);
(c)except for the profession of architect, regulations 13(1) and (2) and 19 to 23 (checks for professions having public health or safety implications);
(d)regulations 27 to 34, (Chapter 1 of Part 3 (General system for the recognition of training));
(e)regulations 38 to 43 (Chapter 4 of Part 3) except regulation 42(3);
(f)regulations 44 to 63 (European Professional Card) (in cases where the profession is listed in Annex 1 to the Implementing Regulation 2015);
(g)regulation 66 (information); and
(h)regulation 68 (appeals).
(6) The provisions listed in paragraph (2) apply to the professions listed in Part 3 of Schedule 1 only as mentioned in paragraph (7).
(7) The following provisions apply to the professions listed in Part 3 of Schedule 1—
(a)regulation 5(1) to (3) (functions of competent authorities);
(b)regulations 6 and 7 (competent authorities);
(c)regulations 12 to 26 (freedom to provide services on a temporary and occasional basis);
(d)regulations 27 to 34 (general system for recognition of training) (in cases where the applicant for specific and exceptional reasons does not meet the requirements set out in Schedule 4);
(e)regulation 35 (automatic recognition);
(f)regulations 38 to 43 (common provisions on establishment);
(g)regulations 44 to 63 (European Professional Card) (in cases where the profession is listed in Annex 1 to the Implementing Regulation 2015);
(h)regulation 66 (exchange of information);
(i)regulation 68 (appeals); and
(j)regulation 69 (use of academic titles).
(8) The cases mentioned in paragraph (5) are—
(a)for applicants who are doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives, pharmacists and architects, when the applicant does not meet the requirements of effective and lawful professional practice required in Articles 23, 27, 33, 37, 39, 43 and 49 of the Directive (acquired rights);
(b)for applicants who are architects, when the applicant holds evidence of formal qualifications not listed in Annex V point 5.7 of the Directive;
(c)without prejudice to the provisions of Articles 21(1), 23 and 27 of the Directive (automatic recognition and acquired rights), for applicants who are doctors, nurses, dental practitioners, veterinary surgeons, midwives, pharmacists and architects holding evidence of formal qualifications as a specialist, which must follow the training leading to the possession of a title listed in Annex V of the Directive, points 5.1.1, 5.2.2, 5.3.2, 5.4.2, 5.5.2, 5.6.2, and 5.7.1, solely for the purposes of the recognition of the relevant speciality;
(d)for applicants who are specialised nurses without training as a general care nurse, where, in the United Kingdom, the relevant professional activities are pursued by nurses responsible for general care, specialised nurses without training as general care nurses or specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of the titles listed in Annex V, point 5.2.2 of the Directive; and
(e)for applicants whose qualifications were obtained in a third country and, if wishing to access and pursue a sectoral profession in the United Kingdom on a permanent basis—
(i)who have, in the relevant sectoral profession, three years' professional experience on the territory of a relevant European State which recognised the formal qualifications obtained in the third country by permitting the applicant to pursue the profession on its territory in accordance with its rules; and
(ii)whose three years' professional experience is certified by that State.
(9) Regulations 12 to 26 (Part 2) and regulations 50 to 55 relating to temporary and occasional provision of service do not apply—
(a)to any of the professions listed in Part 2 of Schedule 1; and
(b)to the profession of solicitor in England and Wales, Northern Ireland or Scotland or the profession of barrister in England and Wales or Northern Ireland, or the profession of advocate in Scotland where the European Communities (Services of Lawyers) Order 1978 M1 applies.
(10) These Regulations do not apply to the profession of statutory auditor as defined in section 1210 of the Companies Act 2006 M2.
(11) These Regulations do not apply to the profession of notary appointed by an official act of government.
Marginal Citations
M1S.I. 1978/1910 amended by S.I. 1980/1964, 1981/228, 2003/435, 2004/1117, 2008/81 and 2013/1605, S.S.I 2004/186, 2007/359 and 2013/177.