The European Communities (Recognition of Professional Qualifications) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect in the United Kingdom to CouncilDirective 89/48/EEC (OJ No. L19, 24.1.89, p.16) on a general system forthe recognition of higher-education diplomas awarded on completion ofprofessional education and training of at least three years' duration.

The Regulations apply to the professions listed in Schedule 1 being professions which are regulated by law or public authority or by membership of a chartered body and for which the entry qualification is of degree level or equivalent. Schedule 1 designates a body (a“designated authority”) in respect of each of the listed regulated professions. Thedesignated authorities have the function of processing applications frommigrant applicants having qualifications obtained wholly or partly inanother member State of the Economic Community and wishing to practisethe relevant profession in the United Kingdom.

The scheme of the Regulations (subject to certain conditions andexceptions) is to impose a duty upon the designated authorities not torefuse, on grounds of inadequate qualifications, an application from amigrant to practise the relevant profession in the United Kingdom if heholds the qualification required by another member State to practise theprofession in that State (regulation 5). The Regulations further providefor the designated authorities, in certain cases, to require a migrantapplicant to complete an adaptation period or to pass an aptitude test(regulations 6, 7 and 8) and make provision for a migrant applicant, whohas been granted authorisation to practise, to have the right to use theprofessional title and designatory letters applicable to that professionin the United Kingdom (regulation 10).

Special provision is made for the profession of company auditor(regulations 11 and 12) having regard to the detailed legislationalready governing that profession and an appeals procedure is provided(regulation 13) for migrant applicants to challenge decisions of thedesignated authorities made under the Regulations.