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The European Communities (Recognition of Professional Qualifications) Regulations 2007

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This is the original version (as it was originally made).

Equal treatment of qualifications

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21.—(1) Any evidence of formal qualifications or set of evidence of formal qualifications shall be treated as evidence of formal qualifications of a type covered by regulation 20, including the level in question if such evidence or set of evidence—

(a)is issued by the competent authority of a relevant European State certifying successful completion of training in any of the relevant European States which is recognised by that relevant European State as being of an equivalent level, and

(b)confers on the holder the same rights of access to or pursuit of a profession or prepares the applicant for the pursuit of that profession.

(2) Any professional qualification shall be treated as evidence of formal qualifications under the same conditions as set out in paragraph (1) where such professional qualification:

(a)does not satisfy the requirements contained in the legislative, regulatory or administrative provisions in force in the home State for access to or the pursuit of a profession, but

(b)confers on the holder acquired rights by legislative, regulatory or administrative provisions in force in the home State.

(3) Paragraph (2) applies, in particular, where—

(a)the home State raises the level of training required for admission to a profession and for its exercise, and

(b)an applicant, having undergone former training which does not meet the requirements of the new qualification, benefits from acquired rights by virtue of legislative, regulatory or administrative provisions in the home State.

(4) Where the circumstances of paragraph (3) apply, the former training shall be considered by competent authorities as corresponding to the level of the new training.

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