The Architects Act 1997 (Swiss Qualifications) (Amendment) (EU Exit) Regulations 2019

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular, the deficiencies under paragraphs (c), (d), and (e) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union. They are also made under section 2(2) of the European Communities Act 1972 in part to amend domestic legislation.

Directive 2005/36/EC (“the Directive”) is designed to remove obstacles to free movement of persons and services within the Community, so that nationals of the Member States have the right to pursue a profession in a Member State other than the one in which they have obtained their qualifications. This is achieved by the Directive providing for the automatic recognition of certain specified qualifications, and for a procedure for assessing other qualifications for the purpose of giving access to a profession. There is also a procedure to allow those wishing to provide services on a temporary and occasional basis to practise a profession on this basis.

Regulation 2 amends the definition of the Directive used in the Architects Act 1997 to make express provision for the implementation of the Directive as it is extended to Switzerland by the Agreement between the European Community and its member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons signed at Luxembourg on 21st June 1999. Regulation 3 further amends the Architects Act 1997 and regulation 4 amends the modifications made to that Act by regulation 30 of the Architects Act 1997 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/717) to take effect on exit day.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.