2015 No. 2059

Professional Qualifications

The European Union (Recognition of Professional Qualifications) Regulations 2015

Made

Laid before Parliament

Coming into force

The Secretary of State is designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in relation to recognition of higher education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of European Union instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes the following Regulations in exercise of the powers conferred under section 2(2) of, as read with paragraph 1A of Schedule 2 F3 to, the European Communities Act 1972.

Annotations:
Amendments (Textual)
F1

S.I. 2002/248, S.I. 1995/3207, S.I. 2003/2901. Under section 57(1) of the Scotland Act 1998 (c.46), despite the transfer to Scottish Ministers of functions in relation to implementation obligations under Union law in relation to certain matters by virtue of section 53 of that Act, the function of the Secretary of State in relation to any matter continues to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972.

F2

1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

F3

Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

PART 1General Provisions

Citation and commencement1

These Regulations may be cited as the European Union (Recognition of Professional Qualifications) Regulations 2015 and come into force on 18th January 2016.

Interpretation2

1

In these Regulations—

  • the 2007 Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 F4;

  • F77...

  • F77...

  • applicant” has the meaning set out in F78regulation 8(4);

  • F77...

  • assistance centre” means the authority designated in the United Kingdom to assist with recognition of professional qualifications F79...;

  • F77...

  • F77...

  • F77...

  • F77...

  • “competent authority”—

    1. a

      in relation to the United Kingdom, has the meaning set out in regulation 4(1) to F80(3);

    2. b

      in relation to F81a relevant European State, has the meaning set out in regulation 4(5),

    and unless the context otherwise requires, a reference to a competent authority is a reference to a competent authority in relation to the United Kingdom;

  • F77...

  • the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications F5;

  • F20...

  • F77...

  • F77...

  • F77...

  • “European Credit Transfer and Accumulation System” or “ECTS credit” means the credit system for higher education used in the European Higher Education Area;

  • F77...

  • evidence of formal qualifications” has the meaning set out in regulation 9(2);

  • F77...

  • home State” means the relevant European State in which the applicant obtained their professional qualifications F82...;

  • holder” means a person to whom a competent authority of F83the United Kingdom or a relevant European State has awarded professional qualifications;

  • F77...

  • F77...

  • F77...

  • F77...

  • F77...

  • F77...

  • F77...

  • point of single contact” means the authority designated in the United Kingdom to handle online queries on access to professional activities in the United Kingdom;

  • practice” in relation to any regulated profession includes—

    1. a

      the taking up or pursuit of that profession F84..., whether in a self-employed capacity or as an employed person; and

    2. b

      in the course of such pursuit—

      1. i

        the right to use a professional title or designatory letters; and

      2. ii

        the enjoyment of the benefit of the status associated with membership of the profession;

  • profession” includes occupation or trade;

  • professional association” means an association or organisation recognised in a special form, the purpose of which is, in particular, to promote and maintain a high standard in the professional field with which it is concerned and which, to that end—

    1. a

      prescribes and enforces respect within its membership for rules of professional conduct and awards professional qualifications to its members; and

    2. b

      confers on its members the right to use one or more professional titles or designatory letters or to benefit from a status corresponding to that professional qualification;

  • F77...

  • professional traineeship” means a period of professional practice carried out under supervision that constitutes a condition for access to a regulated profession, and takes place either during or after completion of an education leading to a diploma;

  • professional qualifications” has the meaning set out in regulation 9(1);

  • F77...

  • regulated education and training” has the meaning set out in regulation 8(2);

  • regulated profession” has the meaning set out in regulation 8(1);

  • F77...

  • F85relevant European State” means an EEA State or Switzerland;

  • same profession” means the profession for which the applicant is qualified in their home State if the activities covered are comparable;

  • F77...

  • F77...

  • F77...

2

A reference in these Regulations to the Directive or a provision of the Directive is a reference to the Directive or a provision of the Directive as amended from time to time.

3

A reference in these Regulations to the Implementing Regulation 2015 or a provision of that Regulation is a reference to the Implementing Regulation 2015 or a provision of that Regulation as amended from time to time.

4

A reference in these Regulations to the United Kingdom shall, as the context requires, be taken to include a reference to any one or more of: England, Wales, Scotland, and Northern Ireland.

5

For the purposes of these Regulations, an association or organisation established in the United Kingdom shall be taken to have been recognised in special form if the mode of its establishment was incorporation by Royal Charter.

6

For the purposes of these Regulations, a profession having public health or safety implications is a regulated profession which is one of the following—

a

a profession listed in Schedule 2;

b

a sectoral profession, except the profession of architect, in a case described in regulation 3(8).

ApplicationF863

These Regulations do not apply in relation to—

a

any profession regulated under—

i

the Medical Act 1983;

ii

the Dentists Act 1984;

iii

the Opticians Act 1989;

iv

the Osteopaths Act 1993;

v

the Chiropractors Act 1994;

vi

Part 3 of the Regulation of Care (Scotland) Act 2001;

vii

Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016;

viii

Part 2 of the Children and Social Work Act 2017;

ix

the Nursing and Midwifery Order 2001;

x

the Health Professions Order 2001;

xi

the Health and Personal Social Services Act (Northern Ireland) 2001;

xii

the Pharmacy Order 2010;

b

the profession of architect;

c

the profession of veterinary surgeon;

d

the profession of farrier in England, Wales and Scotland;

e

the profession of statutory auditor as defined in section 1210 of the Companies Act 2006;

f

the profession of notary appointed by an official act of government;

g

any regulated profession in relation to which, immediately before IP completion day—

i

specific arrangements directly related to the recognition of professional qualifications were made in any EU Regulation, EU Directive, EU decision or EU tertiary legislation; and

ii

the effect of those arrangements excluded the application of the Directive.

Competent authorities4

1

In the case of a regulated profession listed in F87Parts 1 and 2 of Schedule 1, the competent authority in the United Kingdom for the purposes of F88these Regulations so far as relating to that profession is the body or authority specified in relation to that profession in that Part of that Schedule.

2

In the case of a regulated profession that is regulated in the United Kingdom but is not listed in Schedule 1, the competent authority in the United Kingdom for the purposes of F89these Regulations so far as relating to that profession is the governing body of that profession in the United Kingdom.

F903

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F904

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5

For the purposes of these Regulations, the competent authority in F91a relevant European State in relation to—

a

any document, certificate, F93... diploma or qualification,

b

F94... or

c

any application, action or decision,

is the authority, body or person who under laws, regulations or administrative provisions is authorised in that State to issue, award or recognise the document or information concerned F92....

Functions of competent authorities in the United Kingdom5

1

Without prejudice to its other powers and functions, a competent authority has the function of receiving and considering applications by applicants and taking the actions and decisions referred to in these Regulations.

F982

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F983

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F994

A competent authority must—

a

act as a point of single contact for their regulated professions; and

b

provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.

F975

A competent authority must fully cooperate with the assistance centre and provide all relevant information about individual cases to the assistance centre on request, and subject to data protection legislation within the meaning of section 3(9) of the Data Protection Act 2018.

6

A competent authority must enable all requirements, procedures and formalities relating to matters covered by these Regulations to be easily completed, remotely and by electronic means but they may request certified copies at a later stage in the event of justified doubts and where strictly necessary.

F1007

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8

Where a competent authority asks for F16advanced electronic signatures under Article 3(11) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal marketF6 for the completion of procedures referred to in paragraph (6), it must F96act in accordance with Article 27 of that Regulation (and for this purpose the completion of the procedures is to be treated as the use of an online service to which that Article applies).

F1019

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10

The procedural time limits set out in F102regulation 42 commence at the point when an application or any missing documents have been submitted by an applicant to a point of single contact or directly to the competent authority.

11

Any request for certified copies under paragraph (6) is not considered as a request for missing documents.

F9512

If the applicant does not provide any certified copies requested under paragraph (6) before the expiry of the time limit for the competent authority to notify the applicant of its decision under regulation 42(2), the competent authority may refuse the application.

6

1

A competent authority seeking to ensure that a professional has a knowledge of language necessary for practising the profession in the United Kingdom may impose controls—

a

in cases where the profession has patient safety implications; and

b

in all other cases, where there is serious and concrete doubt about the applicant's language knowledge in respect of the professional activities the applicant intends to pursue.

2

Any controls under this regulation may only be carried out after the recognition of the professional qualification F103....

3

Controls under this regulation must be proportionate to the activity to be pursued.

4

A decision to impose controls under this regulation is subject to appeal in accordance with regulation 68.

7

1

Where access to a regulated profession in the UK is conditional on completion of a professional traineeship, the competent authority must, when considering a request F105by an applicant for authorisation to practise the profession—

a

recognise professional traineeships that have been carried out to an equivalent standard in F106a relevant European state;

b

take account of traineeships that have been carried out in a third country.

2

The competent authority must publish guidelines on the organisation and recognition of traineeships carried out in a relevant European state or third country, and in particular on the role of the supervisor of the professional traineeship.

3

Recognition of the professional traineeship under paragraph 1(a) does not replace any requirements to pass an examination in order to gain access to the profession.

4

Competent authorities in the United Kingdom may impose a reasonable limit on the duration of the part of any traineeship which can be carried out abroad.

F1045

In this regulation, “third country” means a country other than a relevant European State.

Regulated profession, regulated education and training and applicants8

1

In these Regulations, “regulated profession” means—

a

in relation to the United Kingdom—

i

a profession listed in F107Part 1 of Schedule 1;

ii

a profession practised by members of a professional association who have a title or designation set out in Part 2 of Schedule 1;

iii

a professional activity or group of activities access to which, the pursuit of which or one of the modes of pursuit of which is subject (directly or indirectly) by virtue of legislative, regulatory or administrative provisions to the possession of specific professional qualifications; or

iv

a professional activity or group of activities pursuit of which is by persons using a professional title limited by legislative, regulatory or administrative provisions to holders of a given professional qualification;

b

in relation to F108a relevant European State, a professional activity, or group of professional activities, which constitutes a profession if and in so far as the activity, or group of activities, is regulated in that State as a professional activity.

2

Regulated education and training” means education and training which is directly geared to the practice of a profession in F109the United Kingdom or a relevant European State, and comprises a course or courses complemented where appropriate by professional training or probationary or professional practice, the structure and level of which are determined by the laws, regulations or administrative provisions of F110the United Kingdom or, as the case may be, that relevant European State or which are monitored or approved by the competent authority in F111the United Kingdom or, as the case may be a relevant European State.

F1123

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4

For the purposes of Chapters 1 F113... and 4 of Part 3, and of any other provision of these Regulations so far as relating to those Chapters F113... “applicant” means an individual—

a

who F114applies for authorisation to access and pursue a regulated profession in the United Kingdom F115..., whether in an employed or self-employed capacity; F116and

F117b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

whose qualifications were obtained in a relevant European State F118... F119...

F119d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Professional qualifications and evidence of formal qualifications9

1

In these Regulations F120..., “professional qualifications” means—

a

qualifications attested by evidence of formal qualifications;

F121b

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F121c

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2

Evidence of formal qualifications” means—

a

diplomas, certificates and other evidence issued by an authority in F122the United Kingdom or a relevant European State certifying successful completion of professional training obtained mainly in F122the United Kingdom or one or more relevant European States; F123...

F123b

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Partial accessF12410

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Procedure applicable to partial access applicationsF12511

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F30PART 2Freedom to Provide Services on a Temporary and Occasional Basis

Annotations:

Right to practise in the United Kingdom12

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13

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Exemptions14

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Declaration and documents to be provided on the first provision of service15

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16

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17

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Title under which professional services are provided18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Checks for professions having public health or safety implications19

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20

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21

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22

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23

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Non-compliance24

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Administrative cooperation and service provision25

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Information to be given to a recipient of professional services or service26

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PART 3F39Applications for Authorisation

Annotations:

CHAPTER 1General System for the Recognition of Training

Levels of qualification27

For the purpose of applying conditions for recognition under regulation 29, professional qualifications are grouped under the following levels—

F126a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

a certificate attesting to a successful completion of a course of secondary education either—

i

general in character, supplemented by a course of study or professional training other than that referred to in paragraph (c) and/or by the probationary or professional practice required in addition to that course, or

ii

technical or professional in character, supplemented where appropriate by a course of study or professional training as referred to in sub-paragraph (i), and/or by the probationary or professional practice required in addition to that course;

c

a diploma certifying successful completion of either—

i

training at post-secondary level other than that referred to in paragraphs (d) and (e) of a duration of at least one year or of an equivalent duration on a part-time basis, one of the conditions of entry of which is, as a general rule, the successful completion of the secondary course required to obtain entry to university or higher education or the completion of equivalent school education of the second secondary level, as well as the professional training which may be required in addition to that post-secondary course; or

ii

regulated education and training or, in the case of a regulated profession, vocational training with a special structure with competences going beyond what is provided for at paragraph (b) equivalent to the level of training provided for under sub-paragraph (i), which provides a comparable professional standard and which prepares the trainee for a comparable level of responsibilities and functions provided that the diploma is accompanied by a certificate from the home state;

d

a diploma certifying successful completion of training at post-secondary level of at least three and not more than four years' duration, or of an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment providing the same level of training, and that the applicant has successfully completed the professional training which may be required in addition to that post-secondary course;

e

a diploma certifying that the holder has successfully completed a post-secondary course of at least four years' duration, or of an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment providing the same level of training, and that the applicant has successfully completed the professional training which may be required in addition to the post-secondary course.

Equal treatment of qualificationsF12728

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Conditions for recognition29

F1291

If access to, or pursuit of, a regulated profession in the United Kingdom is contingent on possession of specific qualifications, a competent authority must permit access to, and pursuit of, that profession to an applicant, where that applicant possesses evidence of formal qualifications required by a relevant European State, where the profession is regulated, in order to gain access to and pursue the same profession in that relevant European State.

F1281A

The requirement on the competent authority in paragraph (1) does not apply where—

a

the training the applicant has received covers substantially different matters than those covered by the evidence of formal qualifications required for the regulated profession in the United Kingdom; or

b

the regulated profession in the United Kingdom—

i

comprises one or more regulated professional activities which do not exist in the profession in the applicant's home State; and

ii

requires specific training that covers substantially different matters from those covered by the applicant’s evidence of formal qualifications; or

c

the level of the professional qualifications of the applicant is lower than the level of the specific professional qualifications required to access and pursue the regulated profession in the United Kingdom;

1B

In paragraph (1A), “substantially different matters” means matters of which knowledge, skills and competences acquired are essential for pursuing the profession and with regard to which the training received by the applicant shows significant differences in terms of duration or content from the training required in the United Kingdom.

2

F130... Evidence of formal qualifications must satisfy the following conditions—

a

they must have been issued by a competent authority of F131a relevant European State;

F132b

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F1333

Nothing in paragraphs (1) or (1A) prevents a competent authority from exercising any other powers it may have to permit an applicant to access and pursue a regulated profession.

F1344

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F1345

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Compensation measures - adaptation periods and aptitude testsF3330

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F3331

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Conditions for compensation measuresF3332

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F3333

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F3334

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CHAPTER 2Recognition of Professional Experience

Automatic RecognitionF3335

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CHAPTER 3United Kingdom Certificates of Experience

Issue and revocation of Certificates of ExperienceF3336

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F3337

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CHAPTER 4F40General Provisions

Annotations:

Documentation and formalities38

F1351

When considering an application for authorisation to pursue a regulated profession, the competent authority may require any information or documentation necessary to enable the competent authority to assess the application, including—

a

evidence of formal qualifications, and any information necessary to determine the level and content of those qualifications;

b

information concerning the applicant's training to the extent necessary to determine the existence of potential substantial differences to the training requirements in the United Kingdom;

c

the applicant's fitness to practice and professional or financial standing; and

d

the applicant's insurance cover.

F1362

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3

The competent authority must keep confidential all such information received by it.

39

1

A competent authority, in cases of justified doubt, may F138request from a competent authority of a relevant European State confirmation of the authenticity of the F139... evidence of formal qualifications awarded in that F139... relevant European State.

2

A competent authority, in cases of justified doubt, is entitled, where evidence of formal qualifications has been issued by a competent authority of a relevant European State and includes training received in whole or in part in an establishment legally established in a relevant European State other than that which awarded the qualification, to verify with a competent authority of the relevant European State of origin of the award—

a

whether the training course at the establishment which gave the training has been formally certified by the educational establishment in the relevant European State of origin of the award;

b

whether the evidence of formal qualifications issued is the same as that which would have been awarded if the course had been followed in the relevant European State of origin of the award; and

c

whether the evidence of formal qualifications confers the same professional rights in the territory of the relevant European State of origin of the award.

3

A competent authority, in cases of justified doubt, is entitled to F140request confirmation from a competent authority of a relevant European state that the applicant is not suspended or prohibited from the pursuit of the profession as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of the applicant's professional activities.

F1374

Where a competent authority of another relevant European State does not provide the confirmation required or the verification sought by a competent authority under this regulation before the expiry of the time limit for notifying the applicant of its decision under regulation 42(2), the competent authority may refuse the application.

F14140

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F14241

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Decisions of competent authorities42

1

The competent authority must acknowledge receipt of an applicant's application F143for authorisation to practise in the United Kingdom pursuant to Part 3 of these Regulations within one month of receipt, and must inform the applicant if any document is missing.

2

The competent authority must consider the applicant's application as soon as is reasonably practicable, and must notify the applicant of its decision together with the reasons upon which it is based F144within four months of receipt of all the relevant documentation.

3

The decision referred to in paragraph (2), or failure to take that decision within the deadlines set out in that paragraph, is subject to appeal pursuant to regulation 68.

4

For the purposes of this regulation, if a competent authority fails to take a decision and notify it to the applicant within the period mentioned in paragraph (2), it shall be deemed to have taken a decision to reject the application and to have notified it to the applicant on the last day of that period.

F1455

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Use of professional titles43

1

If the use of a professional title relating to one of the activities of the profession in question is regulated in the United Kingdom, applicants who are authorised to practise a regulated profession in accordance with this Part of these Regulations must use the professional title used in the United Kingdom which corresponds to that profession, and make use of any associated initials.

2

Where a profession is regulated in the United Kingdom by a professional association, applicants must not be authorised to use the professional title issued by that professional association, or its abbreviated form, unless they furnish proof that they are members of that professional association.

3

A professional association that makes membership contingent upon certain qualifications may do so only under the conditions laid down in these Regulations in respect of applicants who possess professional qualifications.

F1464

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F31PART 4European Professional Card

Annotations:

Functions of designated competent authorities in the United Kingdom in relation to an application for a European Professional Card44

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Processing and access to data regarding the European Professional Card45

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46

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47

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48

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49

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Issue of European Professional Card for temporary and occasional provision of service other than those having public health or safety implications50

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Issue of European Professional Card for temporary and occasional provision of services having public health or safety implications51

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52

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53

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54

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55

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Issue of European Professional Card for establishment56

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57

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58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decision on issue or revocation of the European Professional Card62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32PART 5Automatic recognition on the basis of common training principles

Annotations:

Common training framework64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Common training test65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6Supplementary

Exchange of information66

1

Competent authorities in the United Kingdom F163may exchange information with competent authorities of relevant European States regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for the pursuit of activities under these Regulations.

2

A competent authority in the F164United Kingdom receiving information from a competent authority of F165a relevant European State on disciplinary action or criminal sanctions, must—

a

examine the veracity of the circumstances;

b

decide on the nature and scope of the investigations which need to be carried out; and

c

inform that authority of the conclusions which it draws from the information available to it.

3

Competent authorities must exchange information for the purposes of this regulation in accordance with data protection F166legislation within the meaning of section 3(9) of the Data Protection Act 2018.

Alert mechanismF14767

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals68

1

Within four months of the notification to the applicant of a decision of a competent authority made in relation to the applicant under F148either regulation 6(1) or 42(2), or thereafter with the permission of the appropriate appeal body, the applicant may appeal against that decision on a matter of law or fact (or of both) to the appropriate appeal body.

F1492

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

This regulation does not apply in relation to a decision of a competent authority (which falls within paragraph (1) F150...) for a particular profession where the right of appeal in relation to that decision is provided for in another enactment relating to that profession.

4

An appropriate appeal body may, for the purpose of determining any appeal under these Regulations against the decision of a competent authority under F151regulation 6(1) or 42(2)

a

give any authorisation to practise and impose any condition which the competent authority could give or impose in relation to that profession; or

b

remit the matter to the competent authority with such directions as the appeal body sees fit.

F1525

In paragraph (3), “enactment” includes—

a

an enactment contained in subordinate legislation within the meaning given by subsection (1) of section 21 of the Interpretation Act 1978, except that the definition of that term in that subsection shall have effect as if “Act” included Northern Ireland legislation, and

b

an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act.

6

In this regulation, “appropriate appeal body” means—

a

where the profession concerned is one set out in the first column of an entry in Schedule 5, the court, tribunal or other person set out in the second column of that entry;

b

in any other case, the county court or, in Scotland, the sheriff.

Use of academic titles69

1

Without prejudice to F153regulation 43, an applicant who is authorised to practise a regulated profession in the United Kingdom will have the right to use the lawful academic title (and where appropriate the abbreviation thereof) acquired by that applicant in their home State and in the language of that State.

2

Where the applicant makes use of the possibility provided for in paragraph (1), the competent authority may require that the title shall be followed by the name and location of the establishment or examining board which awarded it.

3

Where a competent authority decides that an academic title in paragraph (1) is liable to be confused with a title which, in the United Kingdom, requires supplementary training not acquired by the applicant, it may require the applicant to use the academic title of the home State in an appropriate form laid down by the competent authority.

Assistance centre70

1

The assistance centre must—

a

provide applicants F154... with such information as is necessary concerning the recognition of professional qualifications, such as information on the national legislation governing the regulated profession concerned and pursuit of that profession, including social legislation, F155... and, where appropriate, the rules of ethics;

F156b

on receipt of an enquiry, assist applicants in exercising the rights conferred on them by these Regulations, in co-operation where appropriate, with points of single contact and competent authorities in the United Kingdom.

2

On request from the F157Secretary of State, the assistance centre must inform the F157Secretary of State of the result of the enquiries with which they are dealing within two months after receiving such a request.

Information from competent authorities71

1

Competent authorities must provide the Secretary of State with such information (including statistical information) as the Secretary of State may require concerning applications made to those authorities by those seeking to rely on the provisions of F158these Regulations and the actions and decisions taken in respect of those applications.

2

The information referred to in paragraph (1) must include detailed information on the number and types of decisions issued in accordance with these RegulationsF159....

Review72

1

The Secretary of State must from time to time—

a

carry out a review of the effect of these Regulations,

b

set out the conclusions of the review in a report, and

c

publish the report.

F1602

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

The report must in particular—

a

set out the objectives to be achieved by the regulatory system established by the Regulations,

b

assess the extent to which those objectives have been achieved, and

c

assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

4

The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

5

Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Consequential amendments73

1

The European Communities (Lawyer's Practice) Regulations 2000 F7 are amended as follows.

2

In regulation 2(1), in the definition of “Qualification Regulations”, for “the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ the European Union (Recognition of Professional Qualifications) Regulations 2015 ”.

3

In regulation 29(1), for “regulation 26(a)” substitute “ regulation 34(a) ”.

4

In the heading to Schedule 1, for “REGULATION 26(A)” substitute “ REGULATION 34(A) ”.

74

1

The Education (School Teachers' Qualifications) (England) Regulations 2003 F8 are amended as follows.

2

In paragraph 8 of Part 1 of Schedule 2, for “the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ the European Union (Recognition of Professional Qualifications) Regulations 2015 ”.

75

1

The Provision of Services Regulations 2009 F9 are amended as follows.

2

In regulation 31, in paragraph (5) omit the entry reading “regulations 11, 12, 31, 32 and 33 of the European Communities (Recognition of Professional Qualifications) Regulations 2007;” and in the appropriate place insert “ regulations 15, 16, 38, 39, 40, 44, 52, 57 and 58 of the European Union (Recognition of Professional Qualifications) Regulations 2015. ”

Annotations:
Amendments (Textual)
F9

S.I. 2009/2999, to which there are amendments not relevant to these Regulations.

76

1

The Tribunal Procedure (First-Tier Tribunal)(General Regulatory Chamber) Rules 2009 F10 are amended as follows.

2

In rule 1(3), in the definition of “transport case” for “and the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ , the European Communities (Recognition of Professional Qualifications) Regulations 2007 and the European Union (Recognition of Professional Qualifications) Regulations 2015 ”.

Annotations:
Amendments (Textual)
F10

S.I. 2009/1976, to which there are amendments not relevant to these Regulations.

77

1

The Education (Induction Arrangements for School Teachers) (England) Regulations 2012 F11 are amended as follows.

2

In paragraph 10 of Schedule 1, for “the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ the European Union (Recognition of Professional Qualifications) Regulations 2015 ”.

Transitional and saving provisions78

F1611

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

From the date of entry into force of these Regulations, any authorisation given by a competent authority to an applicant under the 2007 Regulations is to be treated as an authorisation given under these Regulations.

F1623

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation79

Subject to regulation 78, the 2007 Regulations are revoked in their entirety.

80

The Regulations set out in the first column of Schedule 6 are revoked to the extent expressed in the third column of that Schedule.

Neville-Rolfe Parliamentary Under Secretary of State and Minister for Intellectual Property Department for Business, Innovation and Skills

SCHEDULE 1Regulated Professions

Regulations 3 and 8

PART 1Professions Regulated by Law or Public Authority

Annotations:
Amendments (Textual)
F13

S.I.2005/1902 to which there are amendments not relevant to this Schedule.

F62

Words in Sch. 1 Pt. 1 omitted (coming into force in accordance with reg. 1(2) of the amending S.I.) by virtue of The Social Workers Regulations 2018 (S.I. 2018/893), regs. 1(2), 45(2)(a)

Profession

Competent authority

Advocate in Scotland

The Faculty of Advocates

Airport Fire Officer

Civil Aviation Authority

Airport Fire Fighter

Analytical Chemist

The Royal Society of Chemistry

Barrister in England and Wales

General Council of the Bar

Barrister in Northern Ireland

The Bar of Northern Ireland, the Inn of Court of Northern Ireland

Licensed Boatmaster

Secretary of State

In England and Wales:

Security Industry Authority

Cash and Valuables in Transit Operative

Close Protection Operative

Door Supervisor

Public Space Surveillance Operative

Security Guard

Vehicle Immobiliser

In Scotland and Northern Ireland:

Cash and Valuables in Transit Operator

Close Protection Operative

Door Supervisor

Public Space Surveillance Operative

Security Guard

In Northern Ireland:

Vehicle Immobiliser

F41. . .

F41. . .

F24. . .

F24. . .

Licensed conveyancer

Licensed CLC practitioner

The Council for Licensed Conveyancers

Deck Officer Class 1--Fishing Vessels

Maritime and Coastguard Agency

Deck Officer Class 2--Fishing Vessels

Deck Officer Class 3--Fishing Vessels

Engineer Class 1--Fishing Vessels

Engineer Class 2--Fishing Vessels

F42. . .

F42. . .

F43. . .

F44. . .

F46. . .

F47. . .

F48. . .

Approved Driving Instructor (Great Britain)

Driver and Vehicle Standards Agency - Registrar, (Part V, section 123 of the Road Traffic Act 1988 F12 and the Motor Cars (Driving Instruction) Regulations 2005 F13)

Approved Driving Instructor (Northern Ireland)

Driver Vehicle Agency Northern Ireland

F17In England:

  • Level 2 Childcare Worker

  • Level 3 Early Years Educator

  • Level 6 Specialist Early Years Graduate

F18Secretary of State

F74. . .

F74. . .

Harbour Pilot

The competent harbour authority within the meaning of section 1 of the Pilotage Act 1987 F14

Registered Gas Engineer

Gas Safe Register

The following health and care professions

Health and Care Professions Council

F49. . .

F45. . .

F50. . .

F51. . .

F52. . .

F53. . .

F54. . .

F56. . .

F57. . .

F58. . .

F59. . .

F55. . .

F60. . .

F61. . .

F62. . .

F68. . .

Insolvency Practitioner

The Insolvency Practitioners Association

Department of Enterprise, Trade and Investment in Northern Ireland

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 of Scotland

The Law Society of Northern Ireland

Inspector of Weights and Measures

Secretary of State

Inspector of Weights and Measures in Northern Ireland

Department of Enterprise, Trade and Investment in Northern Ireland

Certified Instructor (Motor Cycles) (Great Britain)

Drivers and Vehicles Standards Agency

Approved Motorcycle Instructor (Northern Ireland)

Driver Vehicle Agency Northern Ireland

Diver

The Health and Safety Executive

F69. . .

F69. . .

F65. . .

Notary Public (England and Wales)

Master of the Faculties

F70. . .

F70. . .

F71. . .

F72. . .

F72. . .

Patent Attorney

The Chartered Institute of Patent Attorneys

Patent Agent

F73. . .

F73. . .

F21. . .

F23. . .

Road/Street Works Operatives

Scottish Qualifications Authority

City and Guilds of London Institute

The Certification and Association Board for the Water Authority

Road/Street Works Supervisors

Scottish Qualifications Authority

City and Guilds of London Institute

The Certification and Association Board for the Water Authority

School Teacher in a publicly regulated school in England

F19Secretary of State

School Teacher in a publicly regulated school in Northern Ireland

The General Teaching Council for Northern Ireland

School Teacher in a publicly regulated school in Scotland

The General Teaching Council for Scotland

School Teacher in a publicly regulated school in Wales

The Education Workforce Council

F72. . .

F72. . .

F63. . .

F63. . .

F64. . .

F64. . .

F66...

F67...

Solicitor in England and Wales

The Law Society

Solicitor in Northern Ireland

The Law Society of Northern Ireland

Solicitor in Scotland

Conveyancing practitioner in Scotland

Executry Practitioner in Scotland

The Law Society of Scotland

Costs lawyer

Association of Costs Lawyers

Chartered legal executive

Chartered Institute of Legal Executives

F22. . .

F23. . .

Teacher at a further education institution in Wales (within meaning of the Education Act 2002) F15

Welsh Ministers

Certified Technically Competent Person in Scotland and Northern Ireland

Waste Management Industry Training and Advisory Board

Registered Trade Mark Attorney

Registered Trade Mark Agent

The Institute of Trademark Attorneys

Listed Veterinary Nurse

The Royal College of Veterinary Surgeons

PART 2Professions Regulated by Professional Bodies Incorporated by Royal Charter

Professional Title (where applicable)

Designatory Letters

Competent Authority

Actuary

FIA

Institute and

FFA

AIA

AFA

Faculty of Actuaries

Chartered Architectural Technologist

MCIAT

The Chartered Institute of Architectural Technologists

Chartered Accountant

ACA

The Institute of Chartered Accountants in England and Wales

Chartered Accountant

ACA

The Institute of Chartered Accountants in Ireland

Chartered Accountant

CA

The Institute of Chartered Accountants of Scotland

Chartered Certified Accountant

ACCA

The Association of Chartered Certified Accountants

Chartered Arbitrator

FCIArb

The Chartered Institute of Arbitrators

Associate of the Chartered Institute of Arbitrators

ACIArb

The Chartered Institute of Arbitrators

Member of the Chartered Institute of Arbitrators

MCIArb

The Chartered Institute of Arbitrators

Chartered Biologist

CBiol,

The Society of Biology

MIBiol

Chartered Builder

MCIOB

The Chartered Institute of Building

Associate of the Chartered Institute of Building

ACIOB

Chartered Building Services Engineer

MCIBSE

The Chartered Institution of Building Services Engineers

Chartered Building Surveyor

MRICS

The Royal Institution of Chartered Surveyors

Chartered Surveyor

Chartered Arts and Antiques Surveyor;

Chartered Building Surveyor;

Chartered Building Control Surveyor;

Chartered Civil Engineering Surveyor;

Chartered Commercial Property Surveyor;

Chartered Construction Surveyor;

Chartered Engineering Surveyor;

Chartered Environmental Surveyor;

Chartered Facilities Management Surveyor;

Chartered Forestry Surveyor;

Chartered Hydrographic Surveyor;

Chartered Land Surveyor;

Chartered Machinery Valuation Surveyor;

Chartered Management Consultancy Surveyor;

Chartered Minerals Surveyor;

Chartered Planning and Development Surveyor;

Chartered Project Management Surveyor;

Chartered Quantity Surveyor;

Chartered Valuation Surveyor;

MRICS

Associate of the Royal Institution of Chartered Surveyors

AssocRICS

Chartered Chemical Engineer

MIChemE

The Institution of Chemical Engineers

Chartered Chemist

C Chem,

The Royal Society of Chemistry

MRSC

Chartered Civil Engineer

MICE

The Institution of Civil Engineers

Chartered Colourist

C Col.

The Society of Dyers and Colourists

Licentiate of the Society of Dyers and Colourists

LSDC

Chartered Energy Engineer

MEI FEI

Energy Institute

Chartered Petroleum Engineer

MEI FEI

Chartered Engineer

C Eng

Engineering Council UK

Incorporated Engineer;

I Eng

Engineering Technician;

Information and Communications Technology Technician

EngTech

ICTTech

Chartered Environmental Health Practitioner

MCIEH

The Chartered Institute of Environmental Health

FCIEH

Environmental Health Officer

MCIEH

The Chartered Institute of Environmental Health

FCIEH

Chartered Environmental Health Officer

Ch EHO MREHIS

The Royal Environmental Health Institute of Scotland

Ch EHO FREHIS

Environmental Health Officer

EHO MREHIS

The Royal Environmental Health Institute of Scotland

EHO FREHIS

Chartered Forester

Chartered Arboriculturist

MICFor

The Institute of Chartered Foresters

Chartered Gas Engineer

MIGEM

The Institution of Gas Engineers and Managers

Chartered Geologist

CGeol

The Geological Society

Chartered Geographer

CGeog

FGS

The Royal Geographical Society

Housing Practitioner

MCIH

The Chartered Institute of Housing

Chartered IT Professional

CITP

The British Computer Society

Registered IT Technician

RIITech

The Chartered Institute for IT

Chartered Insurer

ACII

The Chartered Insurance Institute

Chartered Insurance Practitioner

ACII

Chartered Insurance Broker

ACII

Chartered Financial Planner

APFS

The Chartered Insurance Institute

Chartered Loss Adjuster

ACILA

The Chartered Institute of Loss Adjusters

Chartered Management Accountant

ACMA

The Chartered Institute of Management Accountants

Chartered Manager

Member MCMI

Chartered Member CMGR MCMI

Fellow FCMI

Chartered Fellow CMGR FCMI

Chartered Management Institute

Chartered Marine Engineer

CMarENG

The Institute of Marine Engineering Science and Technology

Chartered Marketer

MCIM

The Chartered Institute of Marketing

Associate Member of the Chartered Institute of Marketing

ACIM

The Chartered Institute of Marketing

Chartered Mathematician

C Math

The Institute of Mathematics and its Applications

Chartered Mathematics teacher

C MathTeach

The Institute of Mathematics and its Applications

Chartered Measurement And Control Technologist

MlnstMC

The Institute of Measurement and Control

Chartered Meteorologist

CMet

The Royal Meteorological Society

Chartered Physicist

CPhys

The Institute of Physics

MInstP

Chartered Public Finance Accountant

CIPFA

The Chartered Institute of Public Finance and Accountancy

Licentiate of the Royal Academy of Dance

Registered Teacher of the Royal Academy of Dance

LTRAD

RTRAD

Royal Academy of Dance

Chartered Safety and Health Practitioner

CMIOSH

CFIOSH

The Institution of Occupational Safety and Health

Chartered Scientist

CSci

Science Council

Chartered Secretary

ACIS

The Institute of Chartered Secretaries and Administrators

Chartered Shipbroker

MICS

The Institute of Chartered Shipbrokers

Chartered Statistician

CStat

Royal Statistical Society

Chartered Structural Engineer

MIStructE

The Institution of Structural Engineers

Chartered Tax Adviser

CTA

Chartered Institute of Taxation

Chartered Textile Technologist

CText ATI

The Textile Institute

Licentiate of the Textile Institute

LTI

Chartered Town Planner

MRTPI

The Royal Town Planning Institute

Chartered Waste Manager

MCIWM

The Chartered Institution of Wastes Management

Chartered Banker

MCIBS

The Chartered Institute of Bankers in Scotland

Associate of the ifs School of Finance (Aifs)

Aifs

IfS School of Finance

Certified Affiliate of the Chartered Institute of Library and Information Professionals

Chartered Member of the Chartered Institute of Library and Information Professionals

Chartered Fellow of the Chartered Institute of Library and Information Professionals

ACLIP

MCLIP

FCILIP

The Chartered Institute of Library and Information Professionals

FCLIP The Chartered Institute of Library and Information Professionals

M Hort (RHS)

The Royal Horticultural Society

Chartered Water and Environment Manager

MCIWEM

The Chartered Institution of Water and Environmental Management

Member of the Institution of Engineering and Technology

MIET

The Institution of Engineering and Technology

Member of the Institution of Mechanical Engineers

MIMechE

The Institution of Mechanical Engineers

Member of the Institute of Materials Minerals and Mining (MIMMM)

MIMMM

The Institute of Materials, Minerals and Mining

Landscape Architect

CMLI

The Landscape Institute

Member, Royal Aeronautical Society

Fellow, Royal Aeronautical Society

MRAeS

FRAeS

The Royal Aeronautical Society

Naval Architect

MRINA

The Royal Institution of Naval Architects

Chartered geographer

Royal Geographical Society

F34PART 3Regulated Professions Under Regulation 35

Annotations:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35PART 4Sectoral Professions

Annotations:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37SCHEDULE 2Regulated Professions Having Public Health or Safety Implications for the purposes of regulations 19 to 23 and 51 to 55.

Regulation 2(6)

Annotations:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36SCHEDULE 3Professions in Respect of which the Right of the Applicant to Choose Between an Adaptation Period and an Aptitude Test is Displaced

Regulation 34

Annotations:

PART 1Professions Under Regulation 34(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2Professions Under Regulation 34(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38SCHEDULE 4Activities Referred to in Lists I, II and III of Annex IV of the Directive

Regulation 3

Annotations:

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5Appeal Bodies

Regulation 68

Annotations:
Amendments (Textual)

Profession

Body, court or person

Advocate in Scotland

The Court of Session

Barrister in England and Wales

The High Court

Barrister in Northern Ireland

The Benchers of the Honourable Society of the Inn of Court of Northern Ireland

Licensed Cab Driver (London)

A Magistrates' Court

Approved Driving Instructor (F25England and Wales)

F26The Magistrates’ Court

F27Approved Driving Instructor (Scotland)

F28The Sheriff Court

Approved Driving Instructor (Northern Ireland)

The Magistrates' Court

Approved Motorcycle Instructor (Northern Ireland)

The Magistrates' Court

Notary Public in England and Wales

F29Chancellor of the High Court

Patent Attorney

Patent Agent

Registered Trade Mark Agent

Registered Trade Mark Attorney

The Comptroller-General of Patents, Designs and Trade Marks

School Teacher in a publicly regulated school in Scotland

The Court of Session

F75. . .

F75. . .

F76. . .

F76. . .

Solicitor in England and Wales

The High Court

Solicitor in Northern Ireland

The Lord Chief Justice of Northern Ireland

Solicitor in Scotland

The Court of Session

SCHEDULE 6Revocation Schedule

Regulation 80

(1)

(2)

(3)

Regulation revoked

Reference

Extent of revocation

Health Care and Associated Professions (Miscellaneous Amendment and Practitioner Psychologists) Order 2009

S.I. 2009/1182

Article 4(1) Schedule 4, Part 1 paragraphs 18 (a)(i)(bb) and paragraph 18 (c) (i) and (ii)

Article 4(1) Schedule 4, Part 3, paragraphs 33(a) and 33(b)

Pharmacy Order 2010

S.I. 2010/231

Article 68, Schedule 4, Part 2, paragraphs 62(a) and 62(b).

Health Professions (Hearing Aid Dispensers) Order 2010

S.I. 2010/233

Article 11

Education Act 2011 (Consequential Amendments to Subordinate Legislation) Order 2012

S.I. 2012/765

Article 13

Health and Social Care Act 2012 (Consequential Provisions – Social Workers) Order 2012

S.I. 2012/1479

Article 11, Schedule Part 2, paragraph 82

The European Communities (Recognition of Professional Qualifications) (Amendment) Regulations 2013

S.I. 2013/732

The whole Regulations

(This note is not part of the Regulations)

These Regulations revoke and replace the European Communities (Recognition of Professional Qualifications) Regulations 2007 (“the 2007 Regulations”). The 2007 Regulations implemented in part Council Directive 2005/36/EC (“the principal Directive”) on the recognition of professional qualifications as last amended by Directive 2013/55/EU amending Directive 2005/36/EU on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (“the IMI Regulation”) (“the Directive”). The principal Directive replaced the previous Council Directives 89/48/EEC, 92/51/EC and 99/42/EC on the mutual recognition of professional qualifications, as well as the Directives laying down minimum standards of training in specific professions, namely the professions of doctor, nurse, dental practitioner, veterinary surgeon, midwife, pharmacist and architect (“the sectoral professions”).

These Regulations establish rules for the recognition of professional qualifications enabling individuals, referred to in these Regulations as “applicants”, from the States of the European Economic Area or Switzerland to gain access to the professions in which they are qualified and to practise under the same conditions as professionals in the United Kingdom where those professions are regulated. These rules set out provisions for facilitating the provision of temporary and occasional professional services cross-border, and also provisions in relation to applicants seeking to establish themselves on a stable basis in the United Kingdom.

These Regulations implement the principal Directive as amended by the 2013 Directive (“the amended Directive”) in relation to all regulated professions other than the sectoral professions but the provisions relating to partial access and the alert mechanism and appeals in respect of those provisions apply to the sectoral professions. They also implement the amended Directive in part in relation to the sectoral professions, and the extent to which these Regulations apply to applicants in the sectoral professions as set out in regulation 3. The provisions of the amended Directive relating to the sectoral professions which are not implemented by these Regulations will be implemented, if necessary, in regulations to be prepared by the Department of Health, the Department of Communities and Local Government and the Department for Environment, Food and Rural Affairs.

Part 1 of the Regulations sets out provisions relating to the application of the Regulations and the functions of competent authorities. Part 1 also provides for partial access to a professional activity under the conditions set out in that Part.

Part 2 of the Regulations sets out the rules for recognition of professional qualifications where an applicant moves to the United Kingdom seeking to provide professional services on a temporary and occasional basis. It sets out the role of a competent authority in relation to such an applicant, including specific provisions for professions having public health or safety implications, and it sets out the procedures and formalities with which an applicant must comply. It also makes provision for administrative cooperation between competent authorities of relevant European States.

Part 3 of these Regulations makes provision for recognition of professional qualifications where an applicant moves to the United Kingdom seeking to provide professional services on a permanent basis.

Chapter 1 of Part 3 sets out the rights of applicants to practise in the United Kingdom on a permanent basis. It imposes duties, subject to certain conditions and exceptions, upon competent authorities not to refuse, on grounds of inadequate qualifications, applicants who seek to practise a regulated profession in the United Kingdom if they hold the qualifications required by a relevant European State to practise the profession in that State. It also provides for competent authorities, in certain cases, to require an applicant to complete either an aptitude test or an adaptation period before authorising the applicant to practise the regulated profession in the UK.

Chapter 2 of Part 3, which applies only to the profession of farrier, makes provision for automatic recognition of professional experience by way of a certificate.

Chapter 3 of Part 3 of these Regulations sets out the procedure for the issue and revocation of a Certificate of Experience in respect of relevant experience and qualifications gained in the United Kingdom.

Chapter 4 of Part 3 makes provision concerning the evidence to be provided by an applicant or a competent authority in a relevant European State, the procedures to be followed by competent authorities when making decisions and the rights of an applicant to use the professional title or designatory letters applicable to the profession in the United Kingdom.

Part 4 of these Regulations sets out provisions relating to the issue of a European Professional Card (EPC) as a means of recognition of professional qualifications for the provision of services in another member state. Further provisions relating to the procedure for issuance of the EPC are set out in Commission Implementing Regulation (EU) No 2015/983 (“the Implementing Regulation”). The Implementing Regulation lists the professions eligible for the EPC in Annex 1.

Part 5 of these Regulations sets out the automatic recognition of qualifications under the common training framework and common training test provisions of the Directive to be given effect by delegated act of the Commission.

Part 6 of these Regulations sets out the alert mechanism by which competent authorities must notify other relevant States about professionals belonging to certain professions whose activities have been restricted or prohibited on its territory. Further provision on the application of the alert mechanism is provided for in the Implementing Regulation. It also provides rights of appeal against decisions of competent authorities, the right of an applicant to use the lawful academic title acquired by the applicant in their home State, and for the disclosure of information by competent authorities in the United Kingdom. Part 6 also makes consequential amendments including the revocation of the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781) which implemented the principal Directive.

A full impact assessment of the effect that this instrument will have on the cost of business, the voluntary sector and the public sector is available from the Department for Business, Innovation and Skills on the gov.uk website (www.gov.uk). An Explanatory Memorandum and a transposition note are available alongside the instrument on the www.legislation.gov.uk website. Copies have also been placed in the Libraries of both Houses of Parliament.