PART 3 U.K. UK market access: professional qualifications and regulation

29 Interpretation of Part 3 U.K.

(1) References in this Part to the ability to practise a profession include reference to the ability—

(a) to undertake activities that comprise the practice of a profession,

(b) to use a particular professional title, or

(c) to be registered, licensed or similarly authorised, where that is required in order to undertake such activities or use such a title.

(2) Provision that limits the ability referred to in subsection (1)(a) to individuals with certain qualifications or experience falls within section 24(1) only if the activities affected by the provision are, in a significant number of cases, essential to the practice of the profession in question.

(3) Subsection (4) applies if provision applying in a part of the United Kingdom —

(a) enables individuals to practise a profession—

(i) on the basis of certain qualifications or experience, or not on the basis of any particular qualifications or experience, only following an individual assessment, and

(ii) on the basis of certain qualifications or experience, without the need for an individual assessment, or

(b) generally enables individuals to practise a profession only following an individual assessment, but provides for a less demanding assessment in some cases than in others according to what qualifications or experience an individual has.

(4) References in section 24 to the ability to practise a profession are to be read, in relation to the profession to which the provision relates, as references to the ability to practise the profession—

(a) if the provision is within subsection (3)(a), without the need for an individual assessment, or

(b) if the provision is within subsection (3)(b), following an individual assessment of the least demanding sort provided for.

(5) In subsections (3) and (4), “individual assessment” means an assessment of the individual's qualifications, experience, knowledge or skills.

(6) For the purposes of this Part a qualification is “obtained” in the place where the body that issues it is based.

A body is “based”—

(a)

where its registered office is,

(b)

if it does not have a registered office, where its head office is, or

(c)

if it does not have a registered office or a head office, where its principal place of operation is.

(7) References in this Part (however expressed) to the effect of “provision” are to the effect that it would have disregarding this Part.

(8) In this Part—

• “profession” includes—

  (a)

  an occupation or trade, and

  (b)

  any subdivision of, or distinct specialism within, a profession;

• “provision” means—

  (a)

  provision contained in legislation, or

  (b)

  provision not of a legislative character but made under, and given effect by, legislation;

• “qualification” means any record, issued by a body whose ordinary activities include the issuing of such records, of having attained a particular standard following a course of study or training;

• “UK resident” means an individual who is lawfully resident in the United Kingdom; and for this purpose an individual is not lawfully resident in the United Kingdom if the individual requires leave to enter or remain in the United Kingdom but does not have it.

Commencement Information

I1 S. 29 in force at 31.12.2020 by S.I. 2020/1621, reg. 2(c)