The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019

2019 No. 312

Exiting The European Union

Professional Qualifications

Education, England

The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019

Made 19th February 2019

Coming into force in accordance with regulation 1

The Secretary of State is designated1for the purposes of section 2(2) of the European Communities Act 19722(“the 1972 Act”) in relation to recognition of higher education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the 1972 Act, section 132(1) and (2) of the Education Act 20023and section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 20184(“the 2018 Act”).

In accordance with paragraph 1(3) of Schedule 7 to the 2018 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019.

(2) This regulation, regulation 2 (so far as it relates to Part 1 of Schedule 1) and Part 1 of Schedule 1 come into force on the day after the day on which these Regulations are made.

(3) The remainder of these Regulations comes into force on exit day.

(4) In these Regulations—

“the 2007 Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 20075;

“the principal Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 20156.

S-2 Amendment etc. of the principal Regulations and the 2007 Regulations

Amendment etc. of the principal Regulations and the 2007 Regulations

2. Schedule 1 contains—

(a) amendments of the principal Regulations;

(b) saving and transitional provisions relating to the principal Regulations and the 2007 Regulations.

S-3 Amendment etc. of secondary legislation relating to school teachers

Amendment etc. of secondary legislation relating to school teachers

3. Schedule 2 contains amendments of, and saving and transitional provision relating to, legislation relating to school teachers.

S-4 Revocation of retained direct EU legislation

Revocation of retained direct EU legislation

4. The following instruments are revoked—

(a) Commission Implementing Regulation (EU) 2015/983 of 24 June 2015 on the procedure for issuance of the European Professional Card and the application of the alert mechanism pursuant to Directive 2005/36/ECof the European Parliament and of the Council;

(b) Commission Delegated Decision (EU) 2016/790 of 13 January 2016 amending Annex V to Directive 2005/36/ECof the European Parliament and of the Council as regards the evidence of formal qualifications and the titles of training courses;

(c) Commission Regulation (EU) No 623/2012of 11 July 2012 amending Annex II to Directive 2005/36/ECof the European Parliament and of the Council on the recognition of professional qualifications;

(d) Commission Regulation (EU) No 213/2011of 3 March 2011 amending Annexes II and V to Directive 2005/36/ECof the European Parliament and of the Council on the recognition of professional qualifications;

(e) Commission Regulation (EC) No 279/2009of 6 April 2009 amending Annex II to Directive 2005/36/ECof the European Parliament and of the Council on the recognition of professional qualifications;

(f) Commission Regulation (EC) No 755/2008of 31 July 2008 amending Annex II to Directive 2005/36/ECof the European Parliament and of the Council on the recognition of professional qualifications;

(g) Commission Regulation (EC) No 1430/2007of 5 December 2007 amending Annexes II and III to Directive 2005/36/ECof the European Parliament and of the Council on the recognition of professional qualifications.

S-5 Amendment to Annex 20 to EEA Agreement

Amendment to Annex 20 to EEA Agreement

5. In Annex 7 to the agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, so far as it forms part of domestic law by virtue of section 3(2)(b) of the European Union (Withdrawal) Act 2018, in Part A, omit point 1b.

Richard Harrington

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

19th February 2019

SCHEDULE 1

Regulation 2

Amendments etc. of the principal Regulations and the 2007 Regulations

1 Amendments of the principal Regulations coming into force before exit day

PART 1

Amendments of the principal Regulations coming into force before exit day

SCH-1.1

1. The principal Regulations are amended as follows.

SCH-1.2

2. In Schedule 1 (regulated professions), in Part 1 (professions regulated by law or public authority), omit the entry “Child Psychotherapist employed in the National Health Service” in column 1 (profession) and the corresponding entry in column 2 (competent authority).

SCH-1.3

3. In Schedule 2 (regulated professions having public health and safety implications), omit the entry “Child Psychotherapist (employed in the National Health Service)”.

SCH-1.4

4. In Schedule 5 (appeal bodies), in the table—

(a) in the entry “Approved Driving Instructor (Great Britain)”—

(i) in column 1, for “Great Britain”, substitute “England and Wales”;

(ii) in the corresponding entry in column 2, for “First-tier Tribunal”, substitute “The Magistrates’ Court”;

(b) above the entry “Approved Driving Instructor (Northern Ireland)”—

(i) in column 1, insert “Approved Driving Instructor (Scotland)”;

(ii) insert “The Sheriff Court” in the corresponding entry in column 2;

(c) in relation to the entry “Notary Public in England and Wales” in column 1, in the corresponding entry in column 2, for “The Lord Chancellor”, substitute “Chancellor of the High Court”.

2 Amendments of the principal Regulations coming into force on exit day

PART 2

Amendments of the principal Regulations coming into force on exit day

SCH-1.5

5. The principal Regulations are amended as follows.

SCH-1.6

6. In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) omit the following definitions—

“adaptation period”

“another relevant European State”;

“aptitude test”;

“Commission”;

“common training framework”;

“common training test”;

“compensation measures”;

“designated competent authority”;

Directive 2002/58/EC”;

Directive 2006/123/EC”;

“enactment”;

“European Professional Card”;

“the GDPR”;

“host State”;

“IMI”;

“Implementing Regulation 2015”

“lifelong learning”;

“manager of an undertaking”;

“missing document”;

“overriding reasons of general interest”;

“professional experience”;

“professional rules”;

“relevant body”;

“sectoral professions”;

“third country”;

“UK applicant”;

(i) in the definition of “applicant”, for “regulation 8(3) and (4)” substitute “regulation 8(4)”;

(ii) in the definition of “assistance centre”, omit the words from “and to issue a European Professional Card” to the end;

(iii) in the definition of “competent authority”—

(aa) in paragraph (a), for “(4)” substitute “(3)”;

(bb) in paragraph (b), for “another” substitute “a”;

(iv) in the definition of “home State”, omit “or in which they lawfully practised”;

(v) in the definition of “holder”, after “competent authority of” insert “the United Kingdom or”;

(vi) in the definition of “practice”, omit “in a relevant European State”;

(vii) for the definition of “relevant European State”, substitute—

““relevant European State” means an EEA State or Switzerland;”;

(b) omit paragraphs (2), (3) and (6).

SCH-1.7

7. For regulation 3 (application) substitute—

SCH-1.3

3. These Regulations do not apply in relation to—

(a) any profession regulated under—

(iii) the Opticians Act 19899;

(vi) Part 3 of the Regulation of Care (Scotland) Act 200112;

(vii) Part 4 of the Regulation and Inspection of Social Care (Wales) Act 201613;

(viii) Part 2 of the Children and Social Work Act 201714;

(ix) the Nursing and Midwifery Order 200115;

(x) the Health and Social Work Professions Order 200116;

(xi) Health and Personal Social Services Act (Northern Ireland) 200117;

(xii) the Pharmacy Order 201018;

(xiii) the Health and Personal Social Services Act (Northern Ireland) 200119;

(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 200620;

(f) the profession of notary appointed by an official act of government;

(g) any regulated profession in relation to which, immediately before exit 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.”.

SCH-1.8

8. In regulation 4 (competent authorities)—

(a) in paragraph (1)—

(i) for “any of Parts 1 to 3” substitute “Parts 1 and 2”;

(ii) for “the Directive” substitute “these Regulations”;

(b) in paragraph (2), for “the Directive”, substitute “these Regulations”;

(c) omit paragraphs (3) and (4);

(d) in paragraph (5)—

(i) for “another” substitute “a”;

(ii) in sub-paragraph (a), omit “attestation of competence,”;

(iii) omit sub-paragraph (b), but not the “or” following it;

(iv) omit the words from “or (as the case may be)” to the end.

SCH-1.9

9. In regulation 5 (functions of competent authorities in the United Kingdom)—

(a) omit paragraphs (2) and (3);

(b) for paragraph (4), substitute—

SCH-1.4

“4 A competent authority must—

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

(b) provide applicants with all...

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