The European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 1999

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 1999.

(2) These Regulations shall come into force on 12th February 1999.

(3) In these regulations, references to the “principal Regulations” are references to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996(1).

Amendment of principal Regulations

2.—(1) The principal Regulations are amended in accordance with paragraphs (2) to (7) below.

(2) In Regulation 25,

(a) after paragraph (2) there is inserted the following:

“(2A) A migrant who has a right of appeal under this regulation and, in respect of the same issue, a right of appeal under any law, regulation or administrative provision or, as the case may be, rules governing a profession or professional association may not exercise the two rights separately but may take advantage of whichever right of appeal is, in any respect, the more favourable to him.”;

(b) in paragraph (4), after “sheriff courts,” there is inserted the following:

• “but subject always to paragraph (4B), below,”; and

(c) after paragraph (4) there is inserted the following:

“(4B) In the case of a migrant exercising the composite right described in paragraph (2A) above, the rules of procedure governing the hearing and determination of the appeal shall apply subject to any modification necessary to give effect to the more favourable provision.”.

(3) The list set out in Schedule 1 to these regulations is substituted for the list set out in Part III of Schedule 1 to the principal Regulations.

(4) The lists set out in Parts I and II of Schedule 2 to these regulations are substituted for the lists set out in Parts I and II, respectively, of Schedule 2 to the principal Regulations.

(5) The list set out in Schedule 3 to these regulations is substituted for the list set out in Schedule 3 to the principal Regulations.

(6) In the list of training in Part II of Schedule 5 to the principal Regulations, which lists certain United Kingdom courses accredited as National Vocational Qualifications or Scottish Vocational Qualifications, after the entry for “engineer officer–freight/passenger ships–unlimited trading area” there shall be added, on a new line “–trade mark agent”.

(7) The list set out in Schedule 4 to these regulations is substituted for the list set out in Schedule 7 to the principal Regulations.

Signed by order of the Secretary of State.

Tessa Blackstone

Minister of State,

Department for Education and Employment

13th January 1999