The European Union (Regulated Professions Proportionality Assessment) (Wales) Regulations 2020

CitationSI 2020/696

2020No. 696 (W. 154)

EDUCATION, WALES

PROFESSIONAL QUALIFICATIONS, WALES

SOCIAL CARE, WALES

The European Union (Regulated Professions Proportionality Assessment) (Wales) Regulations 2020

Made7July2020

Laid before Senedd Cymru8July2020

Coming into force30July2020

The Welsh Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 1) and section 58B of the Government of Wales Act 2006( 2), make the following Regulations.

Title, commencement, expiry and application

1.—(1) The title of these Regulations is the European Union (Regulated Professions Proportionality Assessment) (Wales) Regulations 2020.

(2) These Regulations come into force on 30 July 2020.

(3) These Regulations cease to have effect on IP completion day( 3).

(4) These Regulations apply in relation to Wales.

Interpretation

2. In these Regulations—

“the 2015 Regulations” (“Rheoliadau 2015”) means the European Union (Recognition of Professional Qualifications) Regulations 2015( 4);

“IP completion day” (“diwrnod cwblhau'r cyfnod gweithredu”) has the meaning given in section 39(1) to (5) of the European Union (Withdrawal Agreement) Act 2020( 5);

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

“professional regulatory provision” (“darpariaeth reoleiddiol broffesiynol”) 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” (“asesiad cymesuredd”) means an assessment of the proportionality of a professional regulatory provision, carried out in accordance with regulation 4;

“regulated profession” (“proffesiwn rheoleiddiedig”) has the meaning given by regulation 8(1) of the 2015 Regulations.

Scope

3.—(1) These Regulations apply to the profession of—

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

(b) 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.

(2) These Regulations apply to the profession of teacher at a further education institution (within the meaning of section 140 of the Education Act 2002) in Wales.

(3) These Regulations apply to any profession regulated under Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016( 8).

(4) These Regulations do not apply to—

(a) any 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( 9);

(b) 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

4.—(1) The Welsh Ministers 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 Welsh Ministers must ensure that—

(a) the professional regulatory provision complies with each of the requirements set out in regulations 5 to 8,

(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

5. A professional regulatory provision must not directly or indirectly discriminate against nationals of an EU member State( 10) on the basis of nationality or residence.

Justification by public interest objectives

6.—(1) A professional regulatory provision must be justified by public interest objectives.

(2) A professional regulatory provision is justified by public interest objectives if it is objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest.

(3) Overriding reasons in the public interest include (but are not limited to)—

(a) preserving the financial equilibrium of the social security system;

(b) the protection of consumers, of recipients of services and of workers;

(c) the safeguarding of the proper administration of justice;

(d) ensuring the fairness of trade transactions;

(e) the combating of fraud and the prevention of tax evasion and avoidance, and the safeguarding of the effectiveness of fiscal supervision;

(f) transport safety;

(g) the protection of the environment and the urban environment;

(h) the health of...

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