The European Union (Recognition of Professional Qualifications) Regulations 2015

Regulated profession, regulated education and training and applicants

8.—(1) In these Regulations, “regulated profession” means—

(a) in relation to the United Kingdom—

(i) a profession listed in any of Parts 1, 3 and 4 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 another 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 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 that relevant European State or which are monitored or approved by the competent authority in a relevant European State.

(3) For the purposes of Part 2, and of any other provision of these Regulations so far as relating to Part 2, including Part 4, “applicant” means an individual—

(a) who wishes to access and pursue a regulated profession in the United Kingdom on a temporary and occasional basis, whether in an employed or self-employed capacity;

(b) who is a national of a relevant European State or who, although not a national of such a State, is by virtue of any enforceable EU right entitled to be treated, for the purposes of access to and pursuit of a regulated profession, no less favourably than a national of such a State;

(c) whose qualifications were obtained in a relevant European State or a third country;

(d) who is legally established in their home State for the purpose of pursuing the same profession there; and

(e) who, if neither that profession nor the education and training leading to it is regulated in their home State, has pursued that profession in that State for at least one year during the ten years preceding the provision of services.

(4) For the purposes of Chapters 1, 2 and 4 of Part 3, and of any other provision of these Regulations so far as relating to those Chapters, including Part 4, “applicant” means an individual—

(a) who wishes to access and pursue a regulated profession in the United Kingdom on a permanent basis, whether in an employed or self-employed capacity;

(b) who is a national of a relevant European State or who, although not a national of such a State, is by virtue of any enforceable EU right entitled to be treated, for the purposes of access to and pursuit of a regulated profession, no less favourably than a national of such a State;

(c) whose qualifications were obtained in a relevant European State or a third country; and

(d) who, if their qualifications were obtained in a third country, has three years’ professional experience in the profession concerned—

(i) on the territory of a relevant European State which recognised the formal qualifications obtained in the third country by permitting the individual to pursue the profession on its territory in accordance with its rules, and

(ii) certified by that State.