The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019

Made: 19th February 2019

Coming into force in accordance with regulation 1

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 (“the 1972 Act”) 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 these Regulations in exercise of the powers conferred by section 2(2) of the 1972 Act, section 132(1) and (2) of the Education Act 2002 and section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 (“the 2018 Act”).

In accordance with paragraph 1(3) of Schedule 7 to the 2018 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019.

• (2) This regulation, regulation 2 (so far as it relates to Part 1 of Schedule 1) and Part 1 of Schedule 1 come into force on the day after the day on which these Regulations are made.

• (3) The remainder of these Regulations comes into force on exit day.

• (4) In these Regulations—

• “the 2007 Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 ;

• “the principal Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015 .

Amendment etc. of the principal Regulations and the 2007 Regulations

2

Schedule 1 contains—

• (a) amendments of the principal Regulations;

• (b) saving and transitional provisions relating to the principal Regulations and the 2007 Regulations.

Amendment etc. of secondary legislation relating to school teachers

3

Schedule 2 contains amendments of, and saving and transitional provision relating to, legislation relating to school teachers.

Revocation of retained direct EU legislation

4

The following instruments are revoked—

• (a) Commission Implementing Regulation (EU) 2015/983 of 24 June 2015 on the procedure for issuance of the European Professional Card and the application of the alert mechanism pursuant to Directive 2005/36/EC of the European Parliament and of the Council;

• (b) Commission Delegated Decision (EU) 2016/790 of 13 January 2016 amending Annex V to Directive 2005/36/EC of the European Parliament and of the Council as regards the evidence of formal qualifications and the titles of training courses;

• (c) Commission Regulation (EU) No 623/2012 of 11 July 2012 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications;

• (d) Commission Regulation (EU) No 213/2011 of 3 March 2011 amending Annexes II and V to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications;

• (e) Commission Regulation (EC) No 279/2009 of 6 April 2009 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications;

• (f) Commission Regulation (EC) No 755/2008 of 31 July 2008 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications;

• (g) Commission Regulation (EC) No 1430/2007 of 5 December 2007 amending Annexes II and III to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications.

Amendment to Annex 20 to EEA Agreement

5

In Annex 7 to the agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, so far as it forms part of domestic law by virtue of section 3(2)(b) of the European Union (Withdrawal) Act 2018, in Part A, omit point 1b.

SCHEDULE 1 — Amendments etc. of the principal Regulations and the 2007 Regulations

PART 1 — Amendments of the principal Regulations coming into force before exit day

1

The principal Regulations are amended as follows.

2

In Schedule 1 (regulated professions), in Part 1 (professions regulated by law or public authority), omit the entry “Child Psychotherapist employed in the National Health Service” in column 1 (profession) and the corresponding entry in column 2 (competent authority).

3

In Schedule 2 (regulated professions having public health and safety implications), omit the entry “Child Psychotherapist (employed in the National Health Service)”.

4

In Schedule 5 (appeal bodies), in the table—

• (a) in the entry “Approved Driving Instructor (Great Britain)”—

• (i) in column 1, for “Great Britain”, substitute “ England and Wales ”;

• (ii) in the corresponding entry in column 2, for “First-tier Tribunal”, substitute “The Magistrates' Court”;

• (b) above the entry “Approved Driving Instructor (Northern Ireland)”—

• (i) in column 1, insert “ Approved Driving Instructor (Scotland) ”;

• (ii) insert “ The Sheriff Court ” in the corresponding entry in column 2;

• (c) in relation to the entry “Notary Public in England and Wales” in column 1, in the corresponding entry in column 2, for “The Lord Chancellor”, substitute “ Chancellor of the High Court ”.

PART 2 — Amendments of the principal Regulations coming into force on IP completion day

5

The principal Regulations are amended as follows.

6

In regulation 2 (interpretation)—

• (a) in paragraph (1)—

• (i) omit the following definitions—

• “adaptation period”

• “another relevant European State”;

• “aptitude test”;

• “Commission”;

• “common training framework”;

• “common training test”;

• “compensation measures”;

• “designated competent authority”;

• “Directive 2002/58/EC”;

• “Directive 2006/123/EC”;

• “enactment”;

• “European Professional Card”;

• “the GDPR”;

• “host State”;

• “IMI”;

• “Implementing Regulation 2015”

• “lifelong learning”;

• “manager of an undertaking”;

• “missing document”;

• “overriding reasons of general interest”;

• “professional experience”;

• “professional rules”;

• “relevant body”;

• “sectoral professions”;

• “third country”;

• “UK applicant”;in the definition of “applicant”, for “regulation 8(3) and (4)” substitute “ regulation 8(4) ”;in the definition of “assistance centre”, omit the words from “and to issue a European Professional Card” to the end;in the definition of “competent authority”—in paragraph (a), for “(4)” substitute “ (3) ”;in paragraph (b), for “another” substitute “ a ”;in the definition of “home State”, omit “or in which they lawfully practised”;in the definition of “holder”, after “competent authority of” insert “ the United Kingdom or ”;in the definition of “practice”, omit “in a relevant European State”;for the definition of “relevant European State”, substitute—“relevant European State” means an EEA State or Switzerland;;

• (b) omit paragraphs (2), (3) and (6).

7

For regulation 3 (application) substitute—

(3) These Regulations do not apply in relation to— (a) any profession regulated under— (i) the Medical Act 1983 ; (ii) the Dentists Act 1984 ; (iii) the Opticians Act 1989 ; (iv) the Osteopaths Act 1993 ; (v) the Chiropractors Act 1994 ; (vi) Part 3 of the Regulation of Care (Scotland) Act 2001 ; (vii) Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016 ; (viii) Part 2 of the Children and Social Work Act 2017 ; (ix) the Nursing and Midwifery Order 2001 ; (x) the Health ... Professions Order 2001 ; (xi) the Health and Personal Social Services Act (Northern Ireland) 2001 ; (xii) the Pharmacy Order 2010 ; (xiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the profession of architect; (c) the profession of veterinary surgeon; (d) the profession of farrier in England, Wales and Scotland; (e) the profession of statutory auditor as defined in section 1210 of the Companies Act 2006 ; (f) the profession of notary appointed by an official act of government; (g) any regulated profession in relation to which, immediately before IP completion day — (i) specific arrangements directly related to the recognition of professional qualifications were made in any EU Regulation, EU Directive, EU decision or EU tertiary legislation; and (ii) the effect of those arrangements excluded the application of the Directive.

8

In regulation 4 (competent authorities)—

• (a) in paragraph (1)—

• (i) for “any of Parts 1 to 3” substitute “ Parts 1 and 2 ”;

• (ii) for “the Directive” substitute “ these Regulations ”;

• (b) in paragraph (2), for “the Directive”, substitute “ these Regulations ”;

• (c) omit paragraphs (3) and (4);

• (d) in paragraph (5)—

• (i) for “another” substitute “ a ”;

• (ii) in sub-paragraph (a), omit “attestation of competence,”;

• (iii) omit sub-paragraph (b), but not the “or” following it;

• (iv) omit the words from “or (as the case may be)” to the end.

9

In regulation 5 (functions of competent authorities in the United Kingdom)—

• (a) omit paragraphs (2) and (3);

• (b) for paragraph (4), substitute—

(4) A competent authority must— (a) act as a point of single contact for their regulated professions; and (b) provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.

• (c) for paragraph (5), substitute—

(5) A competent authority must fully cooperate with the assistance centre and provide all relevant information about individual cases to the assistance centre on request, and subject to data protection legislation within the meaning of section 3(9) of the Data Protection Act 2018.

• (d) omit paragraphs (7) and (9);

• (e) in paragraph (10), for “regulations 21 and” substitute “ regulation ”;

• (f) after paragraph (11), insert—

(12) If the applicant does not provide any certified copies requested under paragraph (6) before the expiry of the time limit for the competent authority to notify the applicant of its decision under regulation 42(2), the competent authority may refuse the application.

10

In regulation 6(2), omit “or the issue of a European Professional Card”.

11

In regulation 7—

• (a) in paragraph (1)—

• (i) after “request” insert “ by an applicant ”;

• (ii) in sub-paragraph (a), for “another” substitute “ a ”;

• (b) after paragraph (4), insert—

(5) In this regulation, “third country” means a country other than a relevant European State.

12

In regulation 8 (regulated profession, regulated education and training and applicants)—

• (a) in paragraph (1)—

• (i) in sub-paragraph (a)(i), for “any of Parts 1, 3 and 4” substitute “ Part 1 ”;

• (ii) in paragraph (b), for “another” substitute “ a ”;

• (b) in paragraph (2)—

• (i) after “of a profession in” insert “ the United Kingdom or ”;

• (ii) after “provisions of” insert “ the United Kingdom or, as the case may be, ”;

• (iii) after “competent authority in” insert “ the United Kingdom or, as the case may be ”;

• (c) omit paragraph (3);

• (d) in paragraph (4)—

• (i) in the opening words, omit “, 2” and “, including Part 4,”;

• (ii) in sub-paragraph (a)—

• (aa) for “wishes” substitute “ applies for authorisation ”;

• (bb) omit “on a permanent basis”;

• (iii) at the end of that sub-paragraph, insert “ and ”;

• (iv) omit sub-paragraph (b);

• (v) in sub-paragraph (c), omit “or a third country;”;

• (vi) omit sub-paragraph (d), and the “and” immediately before that sub-paragraph.

13

In regulation 9 (professional qualifications and evidence of formal qualifications)—

• (a) in paragraph (1), omit “, subject to paragraph 12(2)”;

• (b) omit paragraph (1)(b) and (c);

• (c) in paragraph (2)(a), insert “ the United Kingdom or ” after “authority in” and “mainly in”;

• (d) omit paragraph (2)(b) and the “or” before that paragraph.

14

Omit regulations 10 (partial access) and 11 (procedure applicable to partial access applications).

15

Omit Part 2: (regulations 12 to 26: freedom to provide services on a temporary and occasional basis).

16

For the heading to Part 3 (freedom of establishment), substitute “ Applications for Authorisation ”.

17

In regulation 27 (levels of qualification), omit paragraph (a).

18

Omit regulation 28 (equal treatment of qualifications).

19

In regulation 29 (conditions for recognition)—

• (a) for paragraph (1) substitute—

(1) If access to, or pursuit of, a regulated profession in the United Kingdom is contingent on possession of specific qualifications, a competent authority must permit access to, and pursuit of, that profession to an applicant, where that applicant possesses evidence of formal qualifications required by a relevant European State, where the profession is regulated, in order to gain access to and pursue the same profession in that relevant European State.

• (b) after paragraph (1), insert—

(1A) The requirement on the competent authority in paragraph (1) does not apply where— (a) the training the applicant has received covers substantially different matters than those covered by the evidence of formal qualifications required for the regulated profession in the United Kingdom; or (b) the regulated profession in the United Kingdom— (i) comprises one or more regulated professional activities which do not exist in the profession in the applicant's home State; and (ii) requires specific training that covers substantially different matters from those covered by the applicant’s evidence of formal qualifications; or (c) the level of the professional qualifications of the applicant is lower than the level of the specific professional qualifications required to access and pursue the regulated profession in the United Kingdom; (1B) In paragraph (1A), “substantially different matters” means matters of which knowledge, skills and competences acquired are essential for pursuing the profession and with regard to which the training received by the applicant shows significant differences in terms of duration or content from the training required in the United Kingdom.

• (c) in paragraph (2)—

• (i) omit “Attestations of competence or”;

• (ii) in sub-paragraph (a), for “another” substitute “ a ”;

• (iii) omit sub-paragraph (b);

• (d) for paragraph (3), substitute—

(3) Nothing in paragraphs (1) or (1A) prevents a competent authority from exercising any other powers it may have to permit an applicant to access and pursue a regulated profession.

• (e) omit paragraphs (4) and (5).

20

Omit regulations 30 (compensation measures – adaptation periods and aptitude tests) to 37.

21

For the heading to Chapter 4 (common provisions on establishment), substitute “ General Provisions ”.

22

In regulation 38 (documentation and formalities)—

• (a) for paragraph (1), substitute—

(1) When considering an application for authorisation to pursue a regulated profession, the competent authority may require any information or documentation necessary to enable the competent authority to assess the application, including— (a) evidence of formal qualifications, and any information necessary to determine the level and content of those qualifications; (b) information concerning the applicant's training to the extent necessary to determine the existence of potential substantial differences to the training requirements in the United Kingdom; (c) the applicant's fitness to practice and professional or financial standing; and (d) the applicant's insurance cover.

• (b) omit paragraph (2).

23

In regulation 39—

• (a) in paragraph (1)—

• (i) for “require”, substitute “ request ”;

• (ii) omit “attestations and” and “other”;

• (b) in paragraph (3), for “require”, substitute “ request ”;

• (c) after paragraph (3) insert—