The School Teachers (Recognition of Professional Qualifications) (Amendment) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Part 1 of Schedule 1 to the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059) (“the RPQ Regulations”) to specify the Secretary of State as competent authority for the profession of School Teacher in a publicly regulated school in England in place of the National College for Teaching and Leadership (“NCTL”) on behalf of the Secretary of State. The role of the competent authority includes the recognition of professional qualifications obtained in member states of the European Economic Area other than the United Kingdom.

NCTL will change its name to the Teaching Regulation Agency on 1^st April 2018. In any event, NCTL is an executive agency of the Department for Education and as such has no separate legal personality; rather it is an emanation of the Secretary of State. The instrument therefore amends the relevant entry in Part 1 of Schedule 1 to the RPQ Regulations so that it reflects the true position in law.

The RPQ Regulations implement the EU Directive on the recognition of Professional Qualifications (Directive 2005/36/EC as amended by Directive 2013/55/EU) (“the MRPQ Directive”). The MRPQ Directive sets out rules for the recognition of professional qualifications enabling qualified persons from the states of the European Economic Area to gain access to the profession in which they are qualified and to practise the profession under the same conditions as professionals in the United Kingdom where those professions are regulated. A transposition note for the RPQ Regulations is available alongside those Regulations on the www.legislation.gov.uk website. A copy has also been placed in the Library of each House of Parliament.

An impact assessment has not been prepared for this instrument as only a minor impact on the public, private and voluntary sectors is foreseen.