The European Union (Regulated Professions Proportionality Assessment) Regulations 2020

CitationSI 2020/689
JurisdictionUK Non-devolved

2020No. 689

PROFESSIONAL QUALIFICATIONS

The European Union (Regulated Professions Proportionality Assessment) Regulations 2020

Made1stJuly2020

Laid before Parliament6thJuly2020

Coming into force30thJuly2020

The Secretary of State is designated( 1) for the purposes of section 2(2) of the European Communities Act 1972( 2) in relation to measures relating to the access to, or the pursuit of a regulated profession.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

Citation, commencement and expiry

1.—(1) These Regulations may be cited as the European Union (Regulated Professions Proportionality Assessment) Regulations 2020.

(2) They come into onto force on 30th July 2020.

(3) They cease to have effect at the instant immediately before the point immediately before IP completion day.

Interpretation and scope

2.—(1) In these Regulations—

“the 2015 Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015( 3);

“professional qualifications” has the meaning given by regulation 9(1) of the 2015 Regulations;

“professional regulatory provision” means a new, or an amendment to an existing, legislative, regulatory or administrative provision restricting access to a regulated profession or its pursuit, or one of its modes of pursuit, including the use of professional titles and the professional activities allowed under such title;

“proportionality assessment” means an assessment of the proportionality of a professional regulatory provision, carried out in accordance with regulation 3;

“regulated profession” has the meaning given by regulation 8(1) of the 2015 Regulations; and “relevant authority” means, in relation to a professional regulatory provision contained in, or proposed to be contained in—

(a) an Act of Parliament, the Secretary of State;

(b) an Act of the Senedd Cymru, the Welsh Ministers;

(c) an Act of the Scottish Parliament, the Scottish Ministers;

(d) Northern Ireland legislation as defined in section 24(5) of the Interpretation Act 1978( 4), the relevant Northern Ireland department;

(e) an Order in Council, Order of Council, warrant, charter, or other instrument made under the prerogative, the Secretary of State, unless the instrument is made by—

(i) Scottish Ministers, in which case the relevant authority is the Scottish Ministers,

(ii) a Minister as defined in section 7(3) of the Northern Ireland Act 1998( 5) or a Northern Ireland department, in which case the relevant authority is the relevant Northern Ireland department;

(f) any subordinate legislation as defined in section 21(1) of the Interpretation Act 1978 where the definition of that term has effect as if the reference to “Act” included Northern Ireland legislation (as defined in section 24(5) of the Interpretation Act 1978) and Acts of the Scottish Parliament, the person responsible for making the subordinate legislation; or

(g) any other legislative, regulatory or administrative provision, the person responsible for introducing the provision.

(2) These Regulations do not apply to a professional regulatory provision in respect of—

(a) any profession regulated under Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016( 6);

(b) the profession of—

(i) qualified teacher within the meaning of section 132 of the Education Act 2002( 7) in a school (as defined in section 14(6) of the Education (Wales) Act 2014( 8)) in Wales,

(ii) head teacher within the meaning of section 135 of the Education Act 2002 in a school (as defined in section 14(6) of the Education (Wales) Act 2014) in Wales,

(iii) teacher at a further education institution (within the meaning of section 140 of the Education Act 2002) in Wales,

(iv) statutory auditor as defined in section 1210 of the Companies Act 2006( 9),

(v) notary appointed by an official act of government;

(c) any regulated profession in relation to which specific arrangements directly related to the recognition of professional qualifications are made in any EU Regulation, EU Directive, EU decision or EU tertiary legislation and the effect of those arrangements exclude the application of Directive 2005/36/EC of the European Parliament and the Council of 7th September 2005 on the recognition of professional qualifications( 10).

(3) These Regulations do not apply to a professional regulatory provision to the extent that it implements EU legislation concerning the regulation of a profession, where there is no choice as to the exact way in which those requirements are to be transposed.

Requirement to carry out a proportionality assessment

3.—(1) The relevant authority must carry out a proportionality assessment in respect of a professional regulatory provision before the provision takes effect.

(2) When carrying out a proportionality assessment, the relevant authority must ensure that—

(a) the professional regulatory provision complies with the requirements set out in regulations 4 to 6;

(b) the extent of the assessment is proportionate to the nature, content and impact of the professional regulatory provision;

(c) the reasons for considering that the professional regulatory provision is justified and proportionate are substantiated by qualitative and, wherever possible and relevant, quantitative elements; and

(d) the assessment is carried out in an objective and independent manner.

Non-discrimination

4. A professional regulatory provision must not directly or indirectly discriminate against nationals of an EU member State on the basis of nationality or residence.

Justification by public interest objectives

5.—(1) A professional regulatory provision must be...

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