Interpretation
2.—(1) In these Regulations, unless the context otherwise requires, thefollowing words and phrases have the following meanings (and cognateexpressions shall be construed accordingly)—
“adaptation period” means a period of practice of a regulated profession in the UnitedKingdom under the supervision of a qualified member of that profession,required by a designated authority pursuant to regulation 6(1)(b);
“another member State” means a member State other than the United Kingdom;
“appeal body” means, in respect of any regulated profession, the body, court orperson specified in relation to that profession in Schedule 4;
“aptitude test” means a test required by a designated authority pursuant toregulation 6(1)(b);
“competent authority” means, in relation to any
(a)document, certificate, diploma or qualification, or
(b)period of professional experience,
referred to in these Regulations, the authority, body or person in a member State authorised under the laws, regulations or administrative provisions of that State, to issue, award or recognise such document, certificate, diploma or qualification, or to certify any such period;
“corresponding profession” means a profession, the pursuit of which in another member Stateincludes a substantial number of the professional activities comprisedin the pursuit of the profession in the United Kingdom which is thesubject of the migrant’s application;
“designated authority” means a body or authority designated in relation to a regulatedprofession by regulation 4 and Schedule 1 and any qualifying bodyreferred to in regulations 11(2) and 12(3);
“diploma” means any diploma, certificate or other evidence of formalqualifications awarded by a competent authority in a memberState—
(a)which shows that the holder:
(i)has successfully completed a post-secondary course of at least threeyears' duration (or of an equivalent duration part-time) at a universityor an establishment of higher education or an establishment of similarlevel;
(ii)has successfully completed any additional professional trainingrequired; and
(iii)has the qualifications required for the practice of a regulatedprofession in that State;
provided that either:
(A)the education and training attested were received mainly within theEconomic Community; or
(B)the holder has had at least three years' professional experiencecertified by a competent authority in that State (being a State whichrecognised a diploma, certificate or other evidence of formalqualifications obtained in a non-member State);
or
which was awarded on the successful completion of education andtraining received within the Economic Community, and which—
(i)has been recognised by a competent authority in that State asequivalent in level to a diploma to which sub-paragraph (a) applies; and
(ii)confers the same rights in respect of the practice of a regulatedprofession in that State;
“the Directive” means Council Directive 89/48/EEC(1) on a general system for the recognition ofhigher-education diplomas awarded on completion of professionaleducation and training of at least three years' duration;
“migrant” means a national of a member State applying under these Regulationsto a designated authority for authorisation to practise;
“native applicant” means a national of a member State applying to a designatedauthority for authorisation to practise, the qualifications of whom wereobtained wholly within the United Kingdom;
“practise” in relation to any regulated profession, includes—
(a)the taking up or pursuit of the profession in a member State,whether in a self-employed capacity or as an employed person; and
(b)the right to use, in the course of such pursuit, a professionaltitle or designatory letters, or the enjoyment of any special statuscorresponding to a diploma, granted by a designated authority for thatprofession;
“professional experience” means the lawful pursuit in a member State of a professioncorresponding to the regulated profession which is the subject of themigrant’s application;
“regulated profession” means a profession in respect of which a designated authority isspecified in Schedule 1 and the profession of company auditor as definedin section 24(2) of the Companies Act 1989 and Article 27(2) of theCompanies (Northern Ireland) Order 1990.
(2) A reference in these Regulations to“the United Kingdom” shall, as the context requires, include a reference to any of the following: England and Wales, Scotland, and Northern Ireland.
(3) Any reference in these Regulations to a numbered regulation orSchedule is a reference to the regulation or Schedule so numbered inthese Regulations.
OJ No. L 19, 24.1.89, p.16.