The European Union (Recognition of Professional Qualifications) Regulations 2015

Conditions for compensation measures

34.  Where a requirement is imposed under regulation 32(1), the choice between an adaptation period and aptitude test must be that of the applicant except—

(a) in the regulated professions set out in the first column of the table in Part 1 of Schedule 3, whose pursuit requires precise knowledge of national law and in respect of which the provision of advice or assistance or both concerning national law is an essential and constant aspect of the professional activity, where the requirements set out in the second column of that table in respect of each profession shall apply, or

(b) in cases specified in—

(i) regulation 3(8)(a) (except for nurses responsible for general care and midwives) and (b);

(ii) regulation 3(8)(c) concerning only doctors and dental practitioners;

(iii) regulation 3(8)(d), where the applicant is a specialist nurse without training as a general nurse and seeks recognition in the United Kingdom where the relevant professional activities are pursued by nurses responsible for general care 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; or

(iv) regulation 3(8)(e);

where for each of the professions set out in the first column of the table in Part 2 of Schedule 3, the requirements set out in the second column of that table shall apply;

(c) in the case of a holder of a professional qualification referred to in regulation 27(a) who applies for recognition of that holder’s professional qualifications where the national professional qualification required is classified under regulation 27(c), where the Secretary of State may, in respect of a particular profession, either require an aptitude test or require an adaptation period;

(d) in the case of a holder of a professional qualification referred to in regulation 27(b) who applies for recognition of that holder’s professional qualification where the national professional qualification required is classified under regulation 27(d) or (e), where the Secretary of State may, in respect of a particular profession, either require an aptitude test or require an adaptation period;

(e) in the case of a holder of a professional qualification referred to in regulation 27(a) who applies for recognition of the qualification where the national professional qualification required is classified under regulation 27(d), where the Secretary of State may, in respect of a particular profession, require both an adaptation period and an aptitude test.