The European Communities (Recognition of Professional Qualifications) (Amendment) Regulations 2002

Regulation 2

SCHEDULE AMENDMENTS TO THE EUROPEAN COMMUNITIES (RECOGNITION OF PROFESSIONAL QUALIFICATIONS) REGULATIONS 1991

1.  The European Communities (Recognition of Professional Qualifications) Regulations 1991 (“the regulations”) shall be amended as follows.

2.  Wherever they occur in the regulations—

(a) for the words “member State”, substitute “relevant State”; and

(b) for the words “member States” substitute “relevant States”.

3.  In regulation 2 (interpretation)—

(a) in the definition of “diploma”—

(i) in paragraph (a)(i), for “similar” substitute “equivalent”;

(ii) in paragraphs (a)(iii)(a) and (b), in both places, for “within the Economic Community” substitute “within the relevant States”; and

(b) after the definition of “professional experience” insert—

• ““regulated education and training” means education or training which—

  (a)

  is directly geared to the practice of a defined profession in a relevant State, and

  (b)

  comprises a post-secondary course of at least three years' duration, or an equivalent duration part-time, at a university or higher education establishment or in another establishment of equivalent level, and any additional professional training, professional traineeship or professional practice required, the structure and level of which is determined by the laws, regulations or administrative provisions of that relevant state or monitored or approved by the competent authority;” and

(c) after the definition of “regulated profession” insert—

““relevant State” means a member State, Iceland, Norway, Liechtenstein or Switzerland;”

4.  In regulation 5 (right to practise in the United Kingdom)—

(a) for paragraph (1)(b) substitute—

“(b) the migrant produces evidence that he holds formal qualifications which satisfy the requirements of sub-paragraph (2) below and either—

(i) the qualifications were awarded on completion of regulated education and training; or

(ii) the migrant has within the ten years immediately prior to his application pursued a corresponding profession for at least two years full-time (or equivalent duration part-time) in a relevant State in which the profession is not regulated.”; and

(b) in paragraph (2), for the words “The evidence referred to in subparagraph (1)(b) of this regulation is of the following” substitute “Formal qualifications satisfy the requirements of this sub-paragraph if they are”.

5.  In regulation 6 (professional experience, adaptation periods and aptitude tests)—

(a) in paragraph (1)(b), for “paragraph (2)” substitute “paragraphs (2) and (2A)”; and

(b) after paragraph (2) insert—

“(2A) If a designated authority intends to require the migrant to complete an adaptation period or take an aptitude test it must first examine whether the knowledge acquired by the migrant in the course of his professional experience is such that it fully or partly covers the substantial difference referred to in paragraph (3).”

6.  In regulation 9 (evidence from competent authorities), after paragraph (5) add—

“(6) A designated authority which requires proof of financial standing in respect of an applicant for authorisation to practise shall, in respect of a migrant, regard certificates issued by banks in the relevant State of origin of the migrant, the relevant State from which the migrant comes or the relevant State in which the migrant formerly qualified or practised as equivalent to those issued by banks in the United Kingdom.

(7) Subject to paragraph (8) a designated authority which requires proof that an applicant for authorisation to practise is insured against the financial risks arising from the applicant’s professional liability shall in respect of a migrant accept certificates issued by insurance undertakings of other relevant States as equivalent to those issued by insurance undertakings in the United Kingdom.

(8) Any certificate referred to in paragraph (7) shall state that the insurer has complied with the laws and regulations in force in the United Kingdom regarding the terms and extent of cover and shall be presented no more than three months after the date of issue.”

7.  In Schedule 1—

(a) in the Table in Part I (professions regulated by law or public authority)—

(i) after the entry relating to barrister (Northern Ireland), insert—

• “CHIROPRACTOR The General Chiropractic Council”

  (ii)

  after the entry relating to optometrist, insert—

• “OSTEOPATH The General Osteopathic Council”

  (b)

  in the Table in Part II (professions regulated by professional bodies incorporated by Royal Charter),

  (i)

  for the entry relating to Chartered Marine Engineer, substitute—

  “CHARTERED MARINE ENGINEER

  IMarEST

  The Institute of Marine Engineering Science and Technology”

  (ii)

  after the entry relating to Chartered Marketer, insert—

  “CHARTERED MATHEMATICIAN

  C.Math

  The Institute of Mathematics and its Applications”

  (iii)

  after the entry relating to Chartered Physicist, insert—

  “CHARTERED PUBLIC FNANCE ACCOUNTANT

  CPFA

  The Chartered Institute of Public Finance and Accountancy”

  (iv)

  omit the entry relating to Chartered Physiotherapist;

  (v)

  omit the entry relating to Public Finance Accountant;

  (vi)

  for the designatory letters “AIB(Scot)” and the designated authority “The Institute of Bankers in Scotland” substitute—

• “ACIBS The Chartered Institute of Bankers in Scotland.”