The European Communities (Recognition of Professional Qualifications) Regulations 2007

JurisdictionUK Non-devolved
CitationSI 2007/2781

2007 No. 2781

PROFESSIONAL QUALIFICATIONS

The European Communities (Recognition of Professional Qualifications) Regulations 2007

Made 27th September 2007

Laid before Parliament 28th September 2007

Coming into force 19th October 2007

The Secretary of State for Innovation, Universities and Skills is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in 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 the following Regulations in exercise of his powers conferred under section 2(2) of, as read with paragraph 1A of Schedule 23to, the European Communities Act 1972.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for the references to Directive 2005/36/ECof the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications4, or to a provision of that Directive, to be construed as references to that Directive, or to that provision, as amended from time to time.

1 GENERAL PROVISIONS

PART 1

GENERAL PROVISIONS

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) Regulations 2007.

(2) These Regulations come into force on 19th October 2007.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In these Regulations the following words and phrases have the following meanings—

“adaptation period” has the meaning given to it by regulation 23;

“another relevant European State” means a relevant European State other than the United Kingdom;

“applicant” has the meaning given to it by regulations 6(3) and (4);

“aptitude test” has the meaning given to it by regulation 24;

“competent authority”—

(a) in relation to the United Kingdom, has the meaning given by regulation 4(1) to (3),

(b) in relation to another relevant European State, has the meaning given by regulation 4(4),

and unless the context otherwise requires, a reference to a competent authority is a reference to a competent authority in relation to the United Kingdom;

“the Directive” means Directive 2005/36/ECof the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications5;

“enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning given by subsection (1) of section 21 of the Interpretation Act 197861978, except that the definition of that term in that subsection shall have effect as if “Act” included Northern Ireland legislation, and

(b) an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act;

“evidence of formal qualifications” has the meaning given to it in regulation 7(2);

“home State” means the relevant European State from which an applicant originates or comes or in which the applicant obtained his professional qualifications or in which he lawfully practised;

“holder” means a person to whom a competent authority of a relevant European State has awarded professional qualifications;

“host State” means the relevant European State to which an applicant applies for access to or pursuit of a regulated profession in its territory, which is contingent on possession of specific professional qualifications;

“manager of an undertaking” means any person who in any undertaking in the occupational field in question has pursued an activity:

(a) as a manager of an undertaking or a manager of a branch of an undertaking;

(b) as a deputy to the proprietor or the manager of an undertaking where that post involves responsibility equivalent to that of the proprietor or manager represented; or

(c) in a managerial post with duties of a commercial and/or technical nature and with responsibility for one or more departments of the undertaking;

“native applicant” means a person whose qualifications were obtained wholly within the United Kingdom applying to a competent authority for authorisation to practise for the purposes of access to or pursuit of a regulated profession or any professional lawfully pursuing that profession in the United Kingdom;

“practice” in relation to any regulated profession includes—

(a) the taking up or pursuit of that profession in a relevant European State, whether in a self employed capacity or as an employed person; and

(b) in the course of such pursuit—

(i) the right to use a professional title or designatory letters; and

(ii) the enjoyment of the benefit of the status associated with membership of the profession;

“profession” includes occupation or trade;

“professional association” means an association or organisation recognised in a special form, the purpose of which is, in particular, to promote and maintain a high standard in the professional field with which it is concerned and which, to that end—

(a) prescribes and enforces respect within its membership for rules of professional conduct and awards professional qualifications to its members; and

(b) confers on its members the right to use one or more professional titles or designatory letters or to benefit from a status corresponding to that professional qualification;

“professional experience” means the actual and lawful pursuit of the profession concerned;

“professional qualifications” has the meaning given to it in regulation 7(1);

“professional rules” mean rules of a professional, statutory or administrative nature which are directly linked to professional qualifications, such as the definition of the profession, the use of titles, and serious professional malpractice which is directly and specifically linked to consumer protection and safety, as well as disciplinary provisions which are applicable to professionals who pursue the same profession;

“regulated education and training” has the meaning given to it in regulation 6(2);

“regulated profession” has the meaning given to it by regulation 6(1);

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

“same profession” means the profession for which the applicant is qualified in his home State if the activities covered are comparable;

“sectoral professions” means one or more of the following regulated professions namely that of doctor, nurse responsible for general care, dental practitioner, veterinary surgeon , midwife, pharmacist and architect;

“third country” means a country other than a relevant European State.

(2) References in these Regulations to the Directive or a provision of the Directive are references to the Directive or a provision of the Directive as amended from time to time.

(3) A reference in these Regulations to the United Kingdom shall, as the context requires, be taken to include a reference to any one or more of: England, Wales, Scotland, and Northern Ireland.

(4) For the purposes of these Regulations, an association or organisation established in the United Kingdom shall be taken to have been recognised in special form if the mode of its establishment was incorporation by Royal Charter.

Application
S-3 Application

Application

3.—(1) Subject to paragraphs (3) to (10), the provisions listed in paragraph (2) apply to applicants.

(2) Those provisions are—

(a)

(a) regulation 5(1) to (5);

(b)

(b) Part 2 (Freedom to provide services on a temporary basis);

(c)

(c) Chapters 1, 2 and 4 of Part 3 (Freedom of establishment);

(d)

(d) regulation 36; and

(e)

(e) regulation 37.

(3) The provisions listed in paragraph (2) apply to the sectoral professions only as mentioned in paragraph (4).

(4) The following provisions apply to the sectoral professions in cases within any of sub-paragraphs (a) to (e) of paragraph (9) where the applicant for specific and exceptional reasons does not satisfy the requirements for automatic recognition or recognition on the basis of acquired rights, namely—

(a)

(a) except for the profession of architect, regulations 9(1) and (2) and 14 to 16;

(b)

(b) Chapter 1 of Part 3 except regulation 27;

(c)

(c) Chapter 4 of Part 3 except regulation 34(3) ; and

(d)

(d) regulation 37.

(5) Chapter 2 of Part 3 applies only to professions listed in Part 3 of Schedule 1.

(6) The provisions listed in paragraph (2) apply to the professions listed in Part 3 of Schedule 1 only as mentioned in paragraphs (5), (7) and (8).

(7) The following provisions apply to professions listed in Part 3 of Schedule 1—

(a)

(a) regulation 5(1) to (5);

(b)

(b) Part 2;

(c)

(c) Chapter 4 of Part 3;

(d)

(d) regulation 36; and

(e)

(e) regulation 37.

(8) In addition, Chapter 1 of Part 3 applies to professions listed in Part 3 of Schedule 1 in cases where the applicant for specific and exceptional reasons does not meet the requirements set out in Schedule 4.

(9) The cases mentioned in paragraph (4) are—

(a)

(a) for applicants who are doctors with basic training, specialised doctors, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives, pharmacists and architects when the applicant does not meet the requirements of effective and lawful professional practice required in Articles 23, 27, 33, 37, 39, 43 and 49 of the Directive (acquired rights),

(b)

(b) for applicants who are architects, when the applicant holds evidence of formal qualifications not listed in Annex V point 5.7 of the Directive,

(c)

(c) without prejudice to the provisions of Articles 21(1), 23 and 27 of the Directive (automatic recognition and acquired rights), for applicants who are doctors, nurses, dental practitioners, veterinary surgeons, midwives, pharmacists and architects holding evidence of formal qualifications as a specialist, which must follow the training leading to the possession of a title listed in Annex V of the Directive, points 5.1.1...

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