The European Communities (Recognition of Professional Qualifications) Regulations 2007

JurisdictionUK Non-devolved
CitationSI 2007/2781

2007No. 2781

PROFESSIONAL QUALIFICATIONS

The European Communities (Recognition of Professional Qualifications) Regulations 2007

27thSeptember2007

28thSeptember2007

19thOctober2007

CONTENTS

PART 1

GENERAL PROVISIONS

1. Citation and commencement

2. Interpretation

3. Application

4. Competent authorities

5. Functions of competent authorities in the United Kingdom

6. Regulated profession, regulated education and training and applicants

7. Professional qualifications and evidence of formal qualifications

PART 2

FREEDOM TO PROVIDE SERVICES ON A TEMPORARY BASIS

8. Right to practise in the United Kingdom

10. Exemptions

11. Declaration and documents to be provided on the first provision of service

13. Title under which professional services are provided

14. Checks for professions having public health or safety implications

17. Non compliance

18. Administrative cooperation and service provision

19. Information to be given to a recipient of professional services or service

PART 3

FREEDOM OF ESTABLISHMENT

CHAPTER 1

GENERAL SYSTEM FOR THE RECOGNITION OF TRAINING

20. Levels of qualification

21. Equal treatment of qualifications

22. Conditions for recognition

23. Compensation measures - adaptation periods and aptitude tests

25. Conditions for compensation measures

CHAPTER 2

RECOGNITION OF PROFESSIONAL EXPERIENCE

28. Automatic Recognition

CHAPTER 3

UNITED KINGDOM CERTIFICATES OF EXPERIENCE

29. Issue and revocation of Certificates of Experience

CHAPTER 4

COMMON PROVISIONS ON ESTABLISHMENT

31. Documentation and formalities

34. Decisions of competent authorities

35. Use of professional titles

PART 4

SUPPLEMENTARY

36. Appeals

37. Use of academic titles

38. Information from competent authorities

39. Revocations and savings

SCHEDULE 1-

REGULATED PROFESSIONS

PART 1-

PROFESSIONS REGULATED BY LAW OR PUBLIC AUTHORITY

PART 2-

PROFESSIONS REGULATED BY PROFESSIONAL BODIES INCORPORATED BY ROYAL CHARTER

PART 3-

REGULATED PROFESSIONS UNDER REGULATION 28

PART 4-

SECTORAL PROFESSIONS

SCHEDULE 2-

REGULATED PROFESSIONS HAVING PUBLIC HEALTH OR SAFETY IMPLICATIONS

SCHEDULE 3-

PROFESSIONS IN RESPECT OF WHICH THE RIGHT OF THE APPLICANT TO CHOOSE BETWEEN AN ADAPTATION PERIOD AND AN APTITUDE TEST IS DISPLACED

PART 1-

PROFESSIONS UNDER REGULATION 26(1)(a)

PART 2-

PROFESSIONS UNDER REGULATION 26(1)(b)

SCHEDULE 4-

ACTIVITIES REFERRED TO IN LISTS I, II AND III OF ANNEX IV OF THE DIRECTIVE

SCHEDULE 5-

APPEAL BODIES

SCHEDULE 6-

REVOCATION SCHEDULE

The Secretary of State for Innovation, Universities and Skills is a Minister designated 1 for the purposes of section 2(2) of the European Communities Act 1972 2 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 the following Regulations in exercise of his powers conferred under section 2(2) of, as read with paragraph 1A of Schedule 2 3 to, 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/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications 4, 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.

PART 1

GENERAL PROVISIONS

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

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/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications 5;

"enactment" includes-

(a) an enactment contained in subordinate legislation within the meaning given by subsection (1) of section 21 of the Interpretation Act 1978 6 1978, 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

3.-

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

(2) Those provisions are-

(a) regulation 5(1) to (5);(b) Part 2 (Freedom to provide services on a temporary basis);(c) Chapters 1, 2 and 4 of Part 3 (Freedom of establishment);(d) regulation 36; and(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...

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