The European Communities (Recognition of Professional Qualifications) Regulations 2007

Application

3.—(1) Subject to paragraphs (3) to (10), the provisions listed in paragraph (2) apply to applicants.

(2) Those provisions are—

(a) regulation 5(1) to (5);

(b) Part 2 (Freedom to provide services on a temporary basis);

(c) Chapters 1, 2 and 4 of Part 3 (Freedom of establishment);

(d) regulation 36; and

(e) regulation 37.

(3) The provisions listed in paragraph (2) apply to the sectoral professions only as mentioned in paragraph (4).

(4) The following provisions apply to the sectoral professions in cases within any of sub-paragraphs (a) to (e) of paragraph (9) where the applicant for specific and exceptional reasons does not satisfy the requirements for automatic recognition or recognition on the basis of acquired rights, namely—

(a) except for the profession of architect, regulations 9(1) and (2) and 14 to 16;

(b) Chapter 1 of Part 3 except regulation 27;

(c) Chapter 4 of Part 3 except regulation 34(3) ; and

(d) regulation 37.

(5) Chapter 2 of Part 3 applies only to professions listed in Part 3 of Schedule 1.

(6) The provisions listed in paragraph (2) apply to the professions listed in Part 3 of Schedule 1 only as mentioned in paragraphs (5), (7) and (8).

(7) The following provisions apply to professions listed in Part 3 of Schedule 1—

(a) regulation 5(1) to (5);

(b) Part 2;

(c) Chapter 4 of Part 3;

(d) regulation 36; and

(e) regulation 37.

(8) In addition, Chapter 1 of Part 3 applies to professions listed in Part 3 of Schedule 1 in cases where the applicant for specific and exceptional reasons does not meet the requirements set out in Schedule 4.

(9) The cases mentioned in paragraph (4) are—

(a) for applicants who are doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives, pharmacists and architects when the applicant does not meet the requirements of effective and lawful professional practice required in Articles 23, 27, 33, 37, 39, 43 and 49 of the Directive (acquired rights),

(b) for applicants who are architects, when the applicant holds evidence of formal qualifications not listed in Annex V point 5.7 of the Directive,

(c) without prejudice to the provisions of Articles 21(1), 23 and 27 of the Directive (automatic recognition and acquired rights), for applicants who are doctors, nurses, dental practitioners, veterinary surgeons, midwives, pharmacists and architects holding evidence of formal qualifications as a specialist, which must follow the training leading to the possession of a title listed in Annex V of the Directive, points 5.1.1, 5.2.2, 5.3.2, 5.4.2, 5.5.2, 5.6.2, and 5.7.1 of the Directive, solely for the purposes of the recognition of the relevant speciality,

(d) for applicants who are specialised nurses without training as a general care nurse, where, in the United Kingdom, the relevant professional activities are pursued by nurses responsible for general care, specialised nurses without training as general care nurses or specialised nurses holding evidence of formal qualifications as a specialist which follows the training leading to the possession of the titles listed in Annex V, point 5.2.2 of the Directive, and

(e) for applicants whose qualifications were obtained in a third country and, if wishing to access and pursue a sectoral profession in the United Kingdom on a permanent basis—

(i) who have, in the relevant sectoral profession, three years’ professional experience on the territory of a relevant European State which recognised the formal qualifications obtained in the third country by permitting the applicant to pursue the profession on its territory in accordance with its rules; and

(ii) whose three years’ professional experience is certified by that State.

(10) Part 2 does not apply—

(a) to any of the professions listed in Part 2 of Schedule 1; and

(b) to the profession of solicitor in England and Wales, Northern Ireland or Scotland or the profession of barrister in England and Wales or Northern Ireland, or the profession of advocate in Scotland where the European Communities (Services of Lawyers) Order 1978(1) applies.

(11) These Regulations do not apply to the profession of company auditor as defined in section 24(2) of the Companies Act 1989(2) and Article 27(2) of the Companies (Northern Ireland) Order 1990(3).

(1)

S.I. 1978/1910, amended by S.I. 1980/1964, 1981/228, 1991/2684, 2004/1117 and 2007/259, S.S.I. 2004/186 and 2007/359.

(2)

1989 c.40

(3)

S.I. 1990/593 (N.I.5)