The European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 1999
Citation, commencement and interpretation1.
(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)
Amendment of principal Regulations2.
(1)
The principal Regulations are amended in accordance with paragraphs (2) to (7) below.
(2)
In Regulation 25,
(a)
“(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)
“but subject always to paragraph (4B), below,”; and
(c)
“(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.
SCHEDULE 1List substituted for the list set out in Part III of Schedule 1 to the principal Regulations
“INSTRUMENTS PURSUANT TO WHICH THE TAKING UP AND PURSUIT OF PROFESSIONS IS REGULATED IN THE UNITED KINGDOM
Chapter/SI Number
Short Title/Title
The Fishing Vessels (Certification of Deck Officers and Engineers) Regulations 1984
The Merchant Shipping (Training and Certification) Regulations 1997
S.I.1992/1675
The Road Works (Qualifications of Supervisors and Operatives) (Scotland) Regulations 1992
S.I.1992/1687
The Street Works (Qualifications of Supervisors and Operatives) Regulations 1992
S.I.1998/20
Street Worker (Qualification of Supervisors and Operatives) Regulations (Northern Ireland) 1998”
SCHEDULE 2Lists substituted for the lists set out in Parts I and II, respectively, of Schedule 2 to the principal Regulations
“PART IPROFESSIONS REGULATED BY LAW OR PUBLIC AUTHORITY
Profession
Designated Authority
Air Traffic Controller
Civil Aviation Authority
Aircraft Maintenance Engineer
Civil Aviation Authority
Airport Fire Officer
Civil Aviation Authority
Airport Firefighter
Civil Aviation Authority
Licensed Boatmaster
Secretary of State
Licensed Cab Driver (London)
The Assistant Commissioner of Police of the Metropolis
Licensed Conveyancer
The Council for Licensed Conveyancers
Qualified Conveyancer (Scotland)
The Scottish Conveyancing and Executry Services Board
Dental Hygienist
General Dental Council
Dental Therapist
General Dental Council
Dispensing Optician
General Optical Council
Registered Dispenser of Hearing Aids
Hearing Aid Council
Diver
Health and Safety Executive
Department of Transport Approved Driving Instructor
Executry Practitioner
The Scottish Conveyancing and Executry Services Board
Registered Gas Installer
The Council for Registered Gas Installers
Insolvency Practitioner
Secretary of State,
The Insolvency Practitioners Association Limited,
The Association of Chartered Certified Accountants,
The Institute of Chartered Accountants in England and Wales,
The Institute of Chartered Accountants in Ireland,
The Institute of Chartered Accountants in Scotland,
The Law Society,
The Law Society of Northern Ireland,
The Law Society of Scotland
Inspector of Weights and Measures
Secretary of State
Licensed Lighterman
Port of London Authority
Nurse admitted to any of the following parts of the register–
Part 2–Second level nurse trained in general nursing (England and Wales);
Part 4–Second level nurse trained in the nursing of persons suffering from mental illness (England and Wales);
Part 6–Second level nurse trained in the nursing of persons suffering from learning disabilities (England and Wales);
Part 7–Second level nurse (Scotland and Northern Ireland)
United Kingdom Central Council for Nursing, Midwifery and Health Visiting
Certified Technically Competent Person
Waste Management Industry Training and Advisory Board
Registered Trade Mark Agent
The Institute of Trade Mark Agents
Licensed Trainee Driving Instructor
The Registrar for the purposes of Part V of the Road Traffic Act 1988
Listed Veterinary Nurse
The Royal College of Veterinary Surgeons
Licensed Waterman
Port of London Authority
PART IIPROFESSIONS REGULATED BY PROFESSIONAL ASSOCIATIONS
Professional title
Designatory letters
Designated Authority
Associate of the Chartered Institute of Arbitrators
A.C.I.Arb
Chartered Institute of Arbitrators
Associate of the Chartered Institute of Building
ACIOB
Chartered Institute of Building
Associate Member of The Chartered Institute of Marketing
ACIM
The Chartered Institute of Marketing
Associate of the Royal Academy of Dancing
A.R.A.D.
The Royal Academy of Dancing
Associate of the Royal College of Organists
ARCO
The Royal College of Organists
Choir Master
(CHM)
The Royal College of Organists
Engineering Technician
EngTech
The Engineering Council
Fellow of the Royal College of Organists
FRCO
The Royal College of Organists
Housing Practitioner
The Chartered Institute of Housing
Licentiate of The Chartered Institute of Marketing
The Chartered Institute of Marketing
Licentiate of the Royal Academy of Dancing
L.R.A.D.
The Royal Academy of Dancing
Licentiate of The Society of Dyers and Colourists
LSDC
The Society of Dyers and Colourists
Licentiate of the Textile Institute
LTI
The Textile Institute”
SCHEDULE 3List substituted for the list set out in Schedule 3 to the principal Regulations
“APPEAL BODIES
Profession
Appeal Body
Executry Practitioner
Court of Session
Licensed Cab Driver (London)
The magistrates' court
Qualified Conveyancer (Scotland)
Court of Session
Registered Trade Mark Agent
The Comptroller-General of Patents, Designs and Trade Marks”
SCHEDULE 4List substituted for the list set out in Schedule 7 to the principal Regulations
“PROFESSIONS IN RESPECT OF WHICH THE RIGHT OF THE MIGRANT TO CHOOSE BETWEEN AN ADAPTATION PERIOD AND AN APTITUDE TEST IS DISPLACED
Profession
Requirement
Licensed Conveyancer
Adaptation Period
Qualified Conveyancer (Scotland)
Adaptation Period
Executry Practitioner
Adaptation Period
Insolvency Practitioner
Aptitude test
Registered Trade Mark Agent
Aptitude test”
These Regulations amend the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996 (S.I. 1996/2374, “the principal Regulations”).
New provision is made in Regulation 25 of the principal regulations for reconciling the right of appeal of a migrant given by that regulation with any right of appeal afforded by any law, regulation or administrative provision or, as the case may be, rules governing a profession or professional association.
The remaining amendments take the form of the substitution of the lists in Schedules 1 to 5 for those in Part III of Schedule 1, Schedule 2, Schedule 3 and Schedule 7, respectively, of the principal Regulations and the addition of “trade mark agent” to the list of training in Part II of Schedule 5. The effect of the new lists is as follows.
Part III of Schedule 1 to the principal Regulations, which lists for the purpose of Regulation 2(2)(c) of the principal Regulations (disapplication of Parts II to V) instruments pursuant to which the taking up and pursuit of professions is regulated in the United Kingdom, contains the following new entries:
Part I of Schedule 2 to the principal Regulations, which lists for the purpose of Regulation 4 of the principal Regulations professions which are regulated by law or public authority, contains the following new entries:
Profession | Designated Authority |
|---|---|
Qualified Conveyancer (Scotland) | The Scottish Conveyancing and Executry Services Board |
Executry Practitioner | The Scottish Conveyancing and Executry Services Board |
Registered Gas Installer | The Council for Registered Gas Installers |
Insolvency Practitioner | Secretary of State, The Insolvency Practitioners Association Limited, The Association of Chartered Certified Accountants, The Institute of Chartered Accountants in England and Wales, The Institute of Chartered Accountants in Ireland, The Institute of Chartered Accountants in Scotland, The Law Society, The Law Society of Northern Ireland, The Law Society of Scotland |
Nurse admitted to any of the following parts of the register– Part 2–Second level nurse trained in general nursing (England and Wales); Part 4–Second level nurse trained in the nursing of persons suffering from mental illness (England and Wales); Part 6–Second level nurse trained in the nursing of persons suffering from learning disabilities (England and Wales); Part 7–Second level nurse (Scotland and Northern Ireland) | United Kingdom Central Council for Nursing, Midwifery and Health Visiting |
Certified Technically Competent Person | Waste Management Industry Training and Advisory Board |
Registered Trade Mark Agent | The Institute of Trade Mark Agents |
Listed Veterinary Nurse | The Royal College of Veterinary Surgeons |
Part II of Schedule 2 to the principal Regulations, which lists for the purpose of Regulation 4 of the principal Regulations professions which are regulated by professional associations, contains the following new entries:
Professional title | Designatory letters | Designated Authority |
|---|---|---|
Associate of the Chartered Institute of Arbitrators | A.C.I.Arb | Chartered Institute of Arbitrators |
Associate Member of The Chartered Institute of Marketing | ACIM | The Chartered Institute of Marketing |
Licentiate of The Chartered Institute of Marketing | The Chartered Institute of Marketing | |
Licentiate of The Society of Dyers and Colourists | LSDC | The Society of Dyers and Colourists |
Schedule 3 to the principal Regulations, which lists for the purpose of Regulation 3(1) of the principal Regulations certain bodies, courts or persons which are the appeal bodies for the professions listed there, contains the following new entries:
Profession | Appeal Body |
|---|---|
Qualified Conveyancer (Scotland) | Court of Session |
Executry Practitioner | Court of Session |
Registered Trade Mark Agent | The Comptroller-General of Patents, Designs and Trade Marks |
Schedule 7 to the principal Regulations, which lists for the purpose of Regulation 16(3) of the principal Regulations professions in respect of which the right of the migrant to choose between an adaptation period and an aptitude test is displaced, contains the following new entries:
Profession | Requirement |
|---|---|
Qualified Conveyancer (Scotland) | Adaptation Period |
Executry Practitioner | Adaptation Period |
Insolvency Practitioner | Aptitude test |
Registered Trade Mark Agent | Aptitude test |
No professions are removed from the principal Regulations by these regulations.