(This note is not part of the Regulations)
These Regulations make provision under section 3(1) of the Professional Qualifications Act 2022 (c. 20) (“the 2022 Act”) to implement in relation to Wales provisions relating to the recognition of professional qualifications contained in the free trade agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland done at London on 8th July 2021 (“the EEA EFTA free trade agreement”).
Section 3(1) of the 2022 Act gives the appropriate national authority the power by regulations to make such provision as the authority considers appropriate for the purpose of, or in connection with, implementing any international recognition agreement to which the United Kingdom is a party. The Secretary of State used this power, amongst others, to make the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286”) (“the UK 2023 Regulations”) to implement the EEA EFTA free trade agreement across the UK.
Paragraph 10 (foreign affairs etc.) of Schedule 7A (reserved matters) to the Government of Wales Act 2006 (c. 32) provides that observing and implementing international obligations is not a reserved matter.
The UK 2023 Regulations include provision to implement the EEA EFTA free trade agreement in relation to subject areas which are devolved to Wales and impose statutory duties on regulators which the Senedd has the legislative competence to make.
These Regulations amend the UK 2023 Regulations to provide that they do not apply to the regulators of the regulated professions listed in Schedule 1 in respect of which the Senedd has legislative competence, defined as “Welsh regulated professions”. These Regulations also make provision to implement the EEA EFTA free trade agreement in relation to the Welsh regulated professions.
Schedule 3 contains amendments to sectoral legislation for the purpose of, and in connection with, implementing provisions relating to the recognition of professional qualifications in the EEA EFTA free trade agreement.
Schedule 4 contains amendments to sectoral legislation consequent upon the coming into force of section 5(1) of the 2022 Act and the revocation of the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059) which provided a general system of recognition for qualifications from the European Economic Area and Switzerland. Following the end of the EU exit transition period, this system had been retained in the interim, enabling those holding EEA and Swiss qualifications to have their qualifications recognised in the UK. The 2022 Act revokes this system and establishes a new approach based on regulator autonomy and implementation of international agreements.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.