European Communities (Recognition of Professional Qualifications) Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/824 |
| Year | 1991 |
1991 No. 824
PROFESSIONAL QUALIFICATIONS
The European Communities (Recognition of Professional Qualifications) Regulations 1991
Made 25th March 1991
Laid before Parliament 27th March 1991
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the EuropeanCommunities Act 19722in relation to measures relating to recognition ofhigher-education diplomas or formal qualifications required for thepursuit of professions or other occupations, in exercise of the powersconferred on him by that section, hereby makes the followingRegulations:—
Citation and commencement
1.—(1) These Regulations may be cited as the European Communities(Recognition of Professional Qualifications) Regulations 1991.
(2) These Regulations shall come into force as follows:—
(a)
(a) regulation 11, on the date of coming into force of section 25 of theCompanies Act 19893;
(b)
(b) regulation 12, on the date of coming into force of Article 28 of theCompanies (Northern Ireland) Order 19904;
(c)
(c) all other regulations on 17th April 1991.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires, thefollowing words and phrases have the following meanings (and cognateexpressions shall be construed accordingly)—
“adaptation period” means a period of practice of a regulated profession in the UnitedKingdom under the supervision of a qualified member of that profession,required by a designated authority pursuant to regulation 6(1)(b);
“another member State” means a member State other than the United Kingdom;
“appeal body” means, in respect of any regulated profession, the body, court orperson specified in relation to that profession in Schedule 4;
“aptitude test” means a test required by a designated authority pursuant toregulation 6(1)(b);
“competent authority” means, in relation to any
(a) document, certificate, diploma or qualification, or
(b) period of professional experience,
referred to in these Regulations, the authority, body or person in a member State authorised under the laws, regulations or administrative provisions of that State, to issue, award or recognise such document, certificate, diploma or qualification, or to certify any such period;
“corresponding profession” means a profession, the pursuit of which in another member Stateincludes a substantial number of the professional activities comprisedin the pursuit of the profession in the United Kingdom which is thesubject of the migrant’s application;
“designated authority” means a body or authority designated in relation to a regulatedprofession by regulation 4 and Schedule 1 and any qualifying bodyreferred to in regulations 11(2) and 12(3);
“diploma” means any diploma, certificate or other evidence of formalqualifications awarded by a competent authority in a memberState—
(a) which shows that the holder:
(i) has successfully completed a post-secondary course of at least threeyears' duration (or of an equivalent duration part-time) at a universityor an establishment of higher education or an establishment of similarlevel;
(ii) has successfully completed any additional professional trainingrequired; and
(iii) has the qualifications required for the practice of a regulatedprofession in that State;
provided that either:
(A) the education and training attested were received mainly within theEconomic Community; or
(B) the holder has had at least three years' professional experiencecertified by a competent authority in that State (being a State whichrecognised a diploma, certificate or other evidence of formalqualifications obtained in a non-member State);
or
(b) which was awarded on the successful completion of education andtraining received within the Economic Community, and which—
(i) has been recognised by a competent authority in that State asequivalent in level to a diploma to which sub-paragraph (a) applies; and
(ii) confers the same rights in respect of the practice of a regulatedprofession in that State;
“the Directive” means Council Directive 89/48/EEC5on a general system for the recognition ofhigher-education diplomas awarded on completion of professionaleducation and training of at least three years' duration;
“migrant” means a national of a member State applying under these Regulationsto a designated authority for authorisation to practise;
“native applicant” means a national of a member State applying to a designatedauthority for authorisation to practise, the qualifications of whom wereobtained wholly within the United Kingdom;
“practise” in relation to any regulated profession, includes—
(a) the taking up or pursuit of the profession in a member State,whether in a self-employed capacity or as an employed person; and
(b) the right to use, in the course of such pursuit, a professionaltitle or designatory letters, or the enjoyment of any special statuscorresponding to a diploma, granted by a designated authority for thatprofession;
“professional experience” means the lawful pursuit in a member State of a professioncorresponding to the regulated profession which is the subject of themigrant’s application;
“regulated profession” means a profession in respect of which a designated authority isspecified in Schedule 1 and the profession of company auditor as definedin section 24(2) of the Companies Act 1989 and Article 27(2) of theCompanies (Northern Ireland) Order 1990.
(2) A reference in these Regulations to“the United Kingdom” shall, as the context requires, include a reference to any of the following: England and Wales, Scotland, and Northern Ireland.
(3) Any reference in these Regulations to a numbered regulation orSchedule is a reference to the regulation or Schedule so numbered inthese Regulations.
Application
3. These Regulations shall apply notwithstanding any enactment or ruleof law, including any provision in any charter, bye-law or other rule(however described) governing any designated authority.
Designated authorities
4.—(1) The designated authority for a regulated profession in the UnitedKingdom is the body or authority specified in relation to thatprofession in Schedule 1.
(2) Without prejudice to its other powers and functions, a designatedauthority shall have the function of considering applications andgranting authorisations under these Regulations.
Right to practise in the United Kingdom
5.—(1) Subject to regulation 6, a designated authority for a regulatedprofession may not, on grounds of inadequate qualifications, refuse toauthorise a migrant to practise the profession on the same conditions asapply to someone who holds the diploma required of native applicants,if—
(a)
(a) the migrant holds the diploma required in another member State forthe practice of a corresponding profession regulated by that State, thediploma having been awarded in another member State; or
(b)
(b) the migrant has within the ten years immediately prior to hisapplication pursued a corresponding profession for at least two yearsfull-time in a member State which does not regulate that profession, andproduces the evidence specified in paragraph (2) below.
(2) The evidence referred to in sub-paragraph (1)(b) of this regulationis of the following:
(a)
(a) formal qualifications awarded by a competent authority in a memberState which—
(i) show that the migrant has successfully completed a post-secondarycourse of at least three years' duration (or equivalent durationpart-time) at a university or an establishment of higher education or anestablishment of similar level in a member State;
(ii) show the migrant has successfully completed any additionalprofessional training required; and
(iii) prepared the migrant for the corresponding profession;
or
(b)
(b) formal qualifications awarded by a competent authority in a memberState on the successful completion of education and training within theEconomic Community, and recognised by a competent authority in thatState as equivalent to the qualifications specified in sub-paragraph(2)(a) of this regulation; provided that notification of suchrecognition has been duly given in accordance with Article 3(b) of theDirective.
Professional experience, adaptation periods and aptitude tests
6.—(1) A designated authority may, before authorising the migrant topractise the regulated profession, require him to satisfy one or otherof the following conditions (but not both)—
(a)
(a) where the duration of the education and training received by themigrant, as appears from the matters established by him pursuant toregulation 5, is at least one year less than that required of nativeapplicants, he may be required to provide evidence of a period ofprofessional experience; and the provisions of Schedule 2 shall haveeffect with respect to the length of that period;
(b)
(b) in the circumstances specified in paragraph (3) of this regulation (but subject to paragraph (2)), the migrant may be required either—
(i) successfully to complete an adaptation period not exceeding threeyears; or
(ii) to pass an aptitude test.
(2) Where a requirement is imposed pursuant to sub-paragraph (1)(b) ofthis regulation, the choice between an adaptation period and an aptitudetest shall be that of the migrant, except in the case of the regulatedprofessions specified in Schedule 3 (where the provisions of thatSchedule shall apply).
(3) The circumstances referred to in sub-paragraph (1)(b) of thisregulation are where the matters covered by the education and trainingreceived by the migrant, as established by him pursuant to regulation 5,differ substantially from those covered by the diploma required ofnative applicants.
Requirements in relation to aptitude tests
7.—(1) An aptitude test shall be limited to the professional knowledge ofthe migrant and shall have the aim of assessing his...
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