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The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

Type Statutory-Instrument
Publication 2023-11-29
Last updated 2025-01-01
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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(5A) The Council may determine that a specified state qualification is not evidence of having reached a standard of proficiency comparable to that evidenced by a qualification approved under paragraph (1)(a) only where one or more of Conditions 1 to 3 are met. (5B) Condition 1 is met where there exists a substantial difference between the standard of proficiency evidenced by that specified state qualification and the requisite standard of proficiency for admission to the part of the register in respect of which the applicant is applying. (5C) Condition 2 is met where the professional activities to which a qualification approved under paragraph (1)(a) relates include one or more professional activities that cover substantially different matters from those covered by the specified state qualification. (5D) Condition 3 is met where requiring a person who holds the specified state qualification to pass an aptitude test or to successfully complete an adaptation period, or to do both, would amount to requiring the person to acquire a qualification approved under paragraph (1)(a).

65

After article 13, insert—

(13ZA) (1) This article applies where a person holds a specified state qualification which is not a relevant European qualification and wishes to be registered under article 9. (2) This article does not apply if the qualification held by the person is not a relevant European qualification because Condition 3 in article 13(5D) is met in relation to it. (3) Where this article applies, the Council must specify what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person. (4) An aptitude test or adaptation period specified under this article, or aptitude test and adaptation period together specified under this article, must be proportionate to the difference sought to be addressed. (5) The Council must give a person its reasons for specifying in relation to the person an aptitude test or adaptation period, or both, if the person makes a written request for them. (6) Where the Council specifies an aptitude test under this article, the Council must ensure that such aptitude tests are scheduled with reasonable frequency and at least once a year.

66

After article 21 (Council’s functions in respect of fitness to practise, ethics and other matters)[^f00068], insert—

(21A) (1) The Council must make information about the following matters available to specified state professionals— (a) the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters; (b) the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities; (c) the processes and procedures for the ongoing verification of competence; (d) the criteria for, and procedures relating to, removal of an entry from the register; (e) the documentation required of specified state professionals and the form in which it should be presented; and (f) the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of registrants that are acceptable to the Council. (2) The Council must deal promptly with enquiries from specified state professionals about conditions that apply to the practice of registrants.

67

In Schedule 4 (interpretation)[^f00069], at the appropriate places, insert—

  • “adaptation period” means a period of practice, subject to an assessment and, where necessary, accompanied by further training, which is supervised by a registered nurse, midwife or nursing associate;
  • “aptitude test” means an assessment, with the aim of determining whether a specified state professional meets the standards referred to in article 5(2)(a);
  • “specified state professional” means a person who holds a specified state qualification;
  • “specified state qualification” means a nursing or midwifery qualification or a qualification comparable to that of a nursing associate awarded in one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;

Amendments to the Health Professions Order 2001

68

The Health Professions Order 2001[^f00070] is amended as follows.

69

In article 7 (the register: supplemental provisions)[^f00071], in paragraph (2), for “The rules”, substitute “Subject to article 7A, the rules”.

70

After article 7 insert—

(7A) (1) Where a specified state professional makes an application for registration— (a) for the purposes of article 7(2)(c)(i) any fee charged must be— (i) reasonable and proportionate to the cost of the applicant’s application; (ii) transparent and made public in advance; and (iii) payable by electronic means through the Council’s website; (b) the documentary and other evidence required pursuant to rules made under article 7(2)(d) must be no more than is necessary to demonstrate to the Council that the applicant satisfies the conditions in article 9(2); and (c) for the purposes of article 7(2)(d) the Council must accept certified copies of documents in place of original documents, unless it requires original documents to protect the integrity of the application process. (2) For the purposes of paragraph (1)(c), a certified copy of a document is one which is certified to be a true copy of the original by a solicitor practising in any part of the United Kingdom.

71

In article 9 (registration)[^f00072]—

  • (a) in paragraph (2), for sub-paragraph (a), substitute—

(a) the applicant satisfies the Education and Training Committee that they— (i) hold an approved qualification awarded— (aa) within such period, not exceeding five years ending with the date of the application, as may be prescribed, or (bb) before the prescribed period mentioned in head (aa), and they have met such requirements as to additional education, training and experience as the Council may specify under article 19(3) and which apply to them; or (ii) have passed an aptitude test or successfully completed an adaptation period pursuant to article 12A;

  • (b) after paragraph (4), insert—

(4A) Where a specified state professional makes an application for registration under paragraph (1), the Education and Training Committee must— (a) within the period of one month beginning with the date of receipt of the application— (i) acknowledge receipt of the application; and (ii) inform the applicant of any missing document required for the purposes of the application; (b) give the applicant adequate time to complete the requirements and procedures of the application process; and (c) deal promptly with the applicant’s application.

  • (c) in paragraph (5), for the words from “within” to the end, substitute—

— (a) where the person holds a specified state qualification, within the period of four months beginning with the day on which the application is received; (b) in any other case, within the period of three months beginning with that day.

72

In article 12 (approved qualifications)[^f00073], after paragraph (1), insert—

(1ZA) The Council may determine that a specified state qualification is not evidence of having reached a standard of proficiency comparable to that evidenced by a qualification approved under paragraph (1)(a) only where one or more of Conditions 1 to 3 are met. (1ZB) Condition 1 is met where there exists a substantial difference between the standard of proficiency evidenced by the specified state qualification and the standard of proficiency it is necessary for a person to achieve for admission to the part of the register in respect of which the person is applying. (1ZC) Condition 2 is met where the professional activities to which a qualification mentioned in paragraph (1)(a) relates include one or more professional activities that cover substantially different matters from those covered by the specified state qualification. (1ZD) Condition 3 is met where requiring a person who holds a specified state qualification to pass an aptitude test or to successfully complete an adaptation period, or to do both, would amount to requiring the person to acquire a qualification approved under paragraph (1)(a).

73

After article 12, insert—

(12A) (1) This article applies where a person— (a) holds a specified state qualification which the Council has determined does not meet the standard in article 12(1)(c)(i) because Condition 1 or 2 in article 12 is met; and (b) wishes to be registered under article 9. (2) Where this article applies, the Council must specify what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person. (3) An aptitude test or adaptation period specified under this article, or an aptitude test and adaptation period together specified under this article, must be proportionate to the difference sought to be addressed. (4) The Council must give a person its reasons for specifying in relation to the person an aptitude test or adaptation period, or both, if the person makes a written request for them. (5) Where the Council specifies an aptitude test under this article, the Council must ensure that such aptitude tests are scheduled with reasonable frequency and at least once a year.

74

In article 15 (education and training), after paragraph (5), insert—

(5A) If the Council requires a specified state professional to undergo a test of competence or knowledge of English, the test must be proportionate to the level required to satisfy the standards under this article.

75

After article 21 (Council’s functions in respect of fitness to practise, ethics and other matters)[^f00074], insert—

(21A) (1) The Council must make information about the following matters available to specified state professionals— (a) the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters; (b) the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities; (c) the processes and procedures for the ongoing verification of competence; (d) the criteria for, and procedures relating to, removal from the register; (e) the documentation required of specified state professionals and the form in which it should be presented; and (f) the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of registrants that are acceptable to the Council. (2) The Council must deal promptly with enquiries from specified state professionals about conditions that apply to the practice of registrants.

76

In Schedule 3 (interpretation)[^f00075], in paragraph 1, at the appropriate places insert—

  • “adaptation period” means a period of practice, subject to an assessment and, where necessary, accompanied by further training, which is supervised by a registered professional of the corresponding relevant profession;
  • “aptitude test” means an assessment with the aim of determining whether a specified state professional has the standard of proficiency that the Council considers requisite for admission to the part of the register in respect of which the professional is applying;
  • “specified state professional” means a person who holds a specified state qualification;
  • “specified state qualification” means a qualification in one of the relevant professions awarded in one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;

Amendments to the Pharmacy Order 2010

77

The Pharmacy Order 2010[^f00076] is amended as follows.

78

In article 3 (interpretation)[^f00077], in paragraph (1), at the appropriate places, insert—

  • “adaptation period” means a period of practice, subject to an assessment and, where necessary, accompanied by further training, which is supervised by a registered pharmacist or registered pharmacy technician;
  • “aptitude test” means an assessment with the aim of determining whether a specified state professional has the knowledge, skills and experience that the Council considers requisite for practising as a registered pharmacist or registered pharmacy technician;
  • “specified state professional” means a person who holds a specified state qualification;
  • “specified state qualification” means a qualification in pharmacy or a pharmacy technician qualification awarded in one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;

79

After article 20 (entitlement to entry in Part 1 or 2 of the Register: pharmacists and pharmacy technicians)[^f00078], insert—

(20A) (1) This article applies where a person holds a specified state qualification which is not a relevant European qualification and wishes to be registered under article 20. (2) This article does not apply if the qualification held by the person is not a relevant European qualification because Condition 3 in article 21(1G) or, as the case may be, 22(1D) is met in relation to it. (3) Where this article applies, the Council must specify what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person. (4) An aptitude test or adaptation period specified under this article, or an aptitude test and adaptation period together specified under this article, must be proportionate to the difference sought to be addressed. (5) The Council must give a person its reasons for specifying in relation to the person an aptitude test or an adaptation period, or both, if the person makes a written request for them. (6) Where the Council specifies an aptitude test under this article, the Council must ensure that such aptitude tests are scheduled with reasonable frequency and at least once a year.

80

In article 21 (pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacists)[^f00079]—

  • (a) in paragraph (1B), after “In this article”, insert “and article 20A”;
  • (b) after paragraph (1C), insert—

(1D) The Council may designate a specified state qualification for the purpose of paragraph (1B)(a), or determine that a specified state qualification is not evidence of having reached a standard of proficiency comparable to that evidenced by a qualification approved under paragraph (1)(a), only where one or more of Conditions 1 to 3 are met. (1E) Condition 1 is met where there exists a substantial difference between the standard of proficiency evidenced by the specified state qualification and the standard of proficiency for the safe and effective practice that, in the Council’s opinion, it is necessary for a person to achieve in order to be entered in Part 1 of the Register. (1F) Condition 2 is met where the professional activities to which a qualification approved under paragraph (1)(a) relates include one or more professional activities that cover substantially different matters from those covered by the specified state qualification. (1G) Condition 3 is met where requiring a person who holds a specified state qualification to pass an aptitude test or to successfully complete an adaptation period, or to do both, would amount to requiring the person to acquire a qualification approved under paragraph (1)(a).

81

In article 22 (pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacy technicians)[^f00080], after paragraph (1), insert—

(1A) The Council may determine that a specified state qualification is not evidence of having reached a standard of proficiency comparable to that evidenced by a qualification approved under paragraph (1)(a) only where one or more of Conditions 1 to 3 are met. (1B) Condition 1 is met where there exists a substantial difference between the standard of proficiency evidenced by the specified state qualification and the standard of proficiency for the safe and effective practice of pharmacy that, in the Council’s opinion, it is necessary for a person to achieve in order to be entered in Part 2 of the Register; (1C) Condition 2 is met where the professional activities to which a qualification approved under paragraph (1)(a) relates include one or more professional activities that cover substantially different matters from those covered by the specified state qualification. (1D) Condition 3 is met where requiring a person who holds a specified state qualification to take an aptitude test or to successfully complete an adaptation period, or to do both, would amount to requiring the person to acquire a qualification approved under paragraph (1)(a).

82

In article 23 (form, manner and content of applications for entry or for renewal of an entry in the Register: pharmacists and pharmacy technicians)[^f00081]—

  • (a) in paragraph (1), for “The Council”, substitute “Subject to paragraphs (1A) and (1B), the Council”;
  • (b) after paragraph (1), insert—

(1A) Where the applicant holds a specified state qualification, the documentary and other evidence which is required to accompany applications of the kind mentioned in paragraph (1) must be no more than is necessary to demonstrate to the Registrar that the applicant satisfies the conditions set out in article 20(1). (1B) Where the applicant holds a specified state qualification, the Council must accept certified copies of documents in place of original documents, unless it requires original documents to protect the integrity of the application process. (1C) For the purposes of paragraph (1B), a certified copy of a document is one which is certified to be a true copy of the original by a solicitor practising in any part of the United Kingdom.

83

In article 23A (supplementary provisions as to necessary knowledge of English)[^f00082], after paragraph (6), insert—

(6A) Where the Registrar requires a specified state professional to undergo an examination or other assessment, the examination or assessment must be proportionate to the level of English required to satisfy the Registrar under this article.

84

In article 24 (notification by the Registrar: entry and renewal)[^f00083]—

  • (a) after paragraph (2), insert—

(2C) Where A holds a specified state qualification, the Registrar must— (a) give A adequate time to complete the requirements and procedures of the application process; and (b) deal promptly with A’s application.

  • (b) in paragraphs (3) and (4), for “period of three months beginning with the relevant date” substitute “relevant period”;
  • (c) after paragraph (4), insert—

(4A) For the purposes of this article, the relevant period is: (a) where A holds a specified state qualification, the period of four months beginning with the relevant date; (b) in any other case, the period of three months beginning with that date.

  • (d) in paragraph (5A), for “period of three months for the purposes of paragraph (3) or (4)”, substitute “relevant period”.

85

After article 36 (fees in connection with entry)[^f00084] insert—

(36A) Any fee prescribed by the Council under article 36(1) in connection with the making of an entry in the register relating to a specified state professional must be— (a) reasonable and proportionate to the cost of dealing with such an applicant’s application; (b) transparent, and made public in advance; and (c) payable by electronic means through the Council’s website.

86

After article 48 (standards of conduct and performance)[^f00085], insert—

(48A) (1) The Council must make information about the following matters available to specified state professionals— (a) the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters; (b) the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities; (c) the processes and procedures for the ongoing verification of competence; (d) the criteria for, and procedures relating to, removal from the register; (e) the documentation required of specified state professionals and the form in which it should be presented; and (f) the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of registrants that are acceptable to the Council. (2) The Council must deal promptly with enquiries from specified state professionals about conditions that apply to the practice of registrants.

Amendments to the Postgraduate Medical Education and Training Order of Council 2010

87

The Postgraduate Medical Education and Training Order of Council 2010[^f00086] is amended as follows.

88

In article 4 (general practitioners eligible for entry in the General Practitioner Register)[^f00087], after paragraph (4), insert—

(4A) Persons are also eligible general practitioners for the purposes of article 3(1)(a) if they are entitled to have their qualification in general practice recognised by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.

89

In article 8 (specialists eligible for entry in the Specialist Register)[^f00088], after paragraph (6), insert—

(6A) A person is also an eligible specialist for the purposes of article 7(1)(a) if that person is entitled to have their specialist qualification recognised by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.

PART 6 — Amendments in relation to the professions of statutory auditor and local public auditor

Amendments to the Companies Act 2006

90

  • (1) Schedule 10 to the Companies Act 2006 (recognised supervisory bodies)[^f00089] is amended as follows.
  • (2) In paragraph 6 (holding of appropriate qualification)[^f00090]—
  • (a) in sub-paragraph (1A), omit the “or” following paragraph (a);
  • (b) after sub-paragraph (1A)(b)(iii), insert—

, or (c) the individual is a specified state auditor who— (i) holds professional qualifications obtained in a specified state that are comparable to an appropriate qualification, and (ii) has met a requirement to take an aptitude test or to complete an adaptation period, or to undertake both, imposed on the individual by the body in accordance with Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023, if such a requirement is so imposed.

  • (3) In paragraph 20A (interpretation)[^f00091], in subparagraph (1), after the definition of “public interest entity”, insert—
  • “specified state” means one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;
  • “specified state auditor” means an individual who is eligible to conduct audits of the accounts of bodies corporate that are incorporated or formed under the law of a specified state in accordance with the law of that state;

Amendments to the Local Audit and Accountability Act 2014

91

  • (1) Schedule 5 to the Local Audit and Accountability Act 2014 (eligibility and regulation of local auditors)[^f00092] is amended as follows.
  • (2) In paragraph 26(3)[^f00093]—
  • (a) omit the “and” following paragraph (a);
  • (b) after paragraph (b), insert—

and (c) after the definition of “officer”, insert— - “specified state” means one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023; - “specified state auditor” means an individual who is eligible to conduct audits of the accounts of bodies corporate that are incorporated or formed under the law of a specified state in accordance with the law of that state;

  • (3) In paragraph 27(3), in the table at the appropriate place, insert—
“specified state” section 1261(1)
“specified state auditor” section 1261(1)
  • (4) In paragraph 28(3)[^f00094], in the substituted paragraph 6 of Schedule 10 to the Companies Act 2006, in sub-paragraph (1)—
  • (a) omit the “or” following paragraph (b);
  • (b) after paragraph (b), insert—

(ba) is a specified state auditor who— (i) holds professional qualifications obtained in a specified state that are comparable to an appropriate qualification; and (ii) has met a requirement to take an aptitude test or to complete an adaptation period, or to undertake both, imposed on the individual by the body in accordance with Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023, if such a requirement is so imposed, or

PART 7 — Amendments in relation to professions in transport

Amendments to the Road Safety Act 2006

92

  • (1) The Road Safety Act 2006[^f00095] is amended as follows.
  • (2) In Schedule 6 (driving instruction)—
  • (a) in paragraph 13—
  • (i) after sub-paragraph (1), insert—

(1A) Before subsection (1), insert— (A1) A relevant person who is aggrieved by a failure of the Registrar to notify the person of a decision in relation to the person’s application for registration before the end of the period of four months beginning with the day after the day on which the complete application was submitted, may appeal to the First-tier Tribunal. (B1) On an appeal under subsection (A1), the First-tier Tribunal may make such order requiring the Registrar to notify the relevant person of a decision in relation to the application as it thinks fit. (C1) In subsections (A1) and (B1), “relevant person” means a person entitled to give paid instruction in the driving of a motor car by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.

  • (ii) after sub-paragraph (3), insert—

(3A) In subsection (3), for “the appeal” substitute “an appeal under subsection (1).”

  • (b) in paragraph 23, in sub-paragraph (2), in the amendment to insert section 140(1) and (2), after subsection (1), insert—

(1A) The power to make regulations under subsection (1) is, in the case of fees payable by persons entitled to give paid instruction in the driving of a motor car by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023, subject to regulation 13 of those Regulations.

Amendments to the Motor Vehicles (Driving Licences) Regulations 1999

93

  • (1) The Motor Vehicles (Driving Licences) Regulations 1999[^f00096] are amended as follows.
  • (2) In regulation 60 (certified instructors), after paragraph (3A), insert—

(3B) A person does not have to satisfy the conditions mentioned in paragraph (3)(c) and (d) if that person is entitled to give paid instruction in the riding of A1 motorcycles and mopeds by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.

  • (3) In regulation 65 (certified direct access instructors), after paragraph (3A), insert—

(3B) A person is exempt from the conditions set out in paragraph (2)(b) and (d) and paragraph (3)(a) if that person is entitled to give paid instruction in the riding of A2 motorcycles or A3 motorcycles by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.

Amendments to the Motor Cars (Driving Instruction) Regulations 2005

94

  • (1) The Motor Cars (Driving Instruction) Regulations 2005[^f00097] are amended as follows.
  • (2) In regulation 17(1) (fees), in column (2) of the Table, in item (9), after “125(3A)(b)” insert “, (3B)(b)”.

Amendments to the Road Traffic (Northern Ireland) Order 2007

95

  • (1) The Road Traffic (Northern Ireland) Order 2007[^f00098] is amended as follows.
  • (2) In Article 2(2) (interpretation), before the definition of “statutory provision”, insert—
  • “the Regulations of 2023” means the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;
  • (3) In Article 52 (conditions of registration)—
  • (a) for paragraph (2A), substitute—

(2A) Where the Registrar is satisfied that a person who has applied under paragraph (1) is entitled to give paid driving instruction of any description by virtue of Part 2 of the Regulations of 2023, any condition prescribed by virtue of paragraph (2)(a) which relates to that description of driving instruction does not apply in relation to the applicant.

  • (b) omit paragraph (2B).
  • (4) In Article 59 (appeals to the Department) before paragraph (1), insert—

(A1) A person who is entitled to give paid driving instruction of any description by virtue of Part 2 of the Regulations of 2023 and who is aggrieved by the failure of the Registrar— (a) to make a decision in relation to an application for registration of the person before the end of the period of four months beginning with the day after the day on which the complete application was submitted; or (b) to make a decision in relation to an application for the extension of the person’s registration before the end of the period of four months beginning with the day after the day on which the complete application was submitted, may appeal by notice in writing to the Department. (B1) On an appeal under paragraph (A1), the Department may direct the Registrar to make a decision in relation to the application.

  • (5) In Article 75 (fees), after paragraph (2), insert—

(3) The power to make regulations under paragraph (1) is, in the case of fees payable by persons entitled to give paid driving instruction of any description by virtue of Part 2 of the Regulations of 2023, subject to regulation 13 of those Regulations.

Amendments to the Train Driving Licences and Certificates Regulations 2010

96

  • (1) The Train Driving Licences and Certificates Regulations 2010[^f00099] are amended as follows.
  • (2) In regulation 8 (conditions for obtaining a licence)—
  • (a) for paragraph (5), substitute—

(5) For the purpose of paragraph (2)(f) the required general professional competence examination means: (a) an examination that covers the objectives and requirements set out in Schedule 3; or (b) an aptitude test pursuant to Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023, where there is a significant difference between the applicant’s professional knowledge and the objectives and requirements set out in Schedule 3.

  • (b) after paragraph (5), insert—

(6) For the purposes of this regulation an aptitude test means a test, limited to the professional knowledge of a train driver specified by the ORR with the aim of ensuring that the applicant’s knowledge covers the objectives and requirements set out in Schedule 3.

Amendments to the Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016

97

  • (1) The Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016[^f00100] are amended as follows.
  • (2) In regulation 2 (modifications of Part 5 of the Road Traffic Act 1988 that have effect until the commencement of Schedule 6 to the Road Safety Act 2006)—
  • (a) in paragraph (4), after sub-paragraph (f), insert—

(fa) after subsection (3A) (as inserted by sub-paragraph (f)), insert— (3B) Where the Registrar is satisfied that a person who has applied under subsection (3) is entitled to give paid instruction in the driving of motor cars by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023— (a) the Registrar may not impose a requirement on the applicant under subsection (2C) if the Registrar is satisfied that the applicant holds a current certificate or other document that, under the law of one of the specified states set out in Schedule 1 to those Regulations, is of corresponding effect to an emergency control certificate, and (b) subsection (3)(a) does not apply in relation to the applicant.

  • (b) for paragraph (8), substitute—

(8) In section 131 (appeals)— (a) before subsection (1), insert— (A1) A relevant person who is aggrieved by the failure of the Registrar to notify the person of a decision in relation to an application for entry of the person’s name in the register before the end of the period of four months beginning with the day after the day on which the complete application was submitted, may appeal to the First-tier Tribunal. (B1) On an appeal under subsection (A1), the First-tier Tribunal may make such order requiring the Registrar to notify the relevant person of a decision in relation to the application as it thinks fit. (C1) In subsections (A1) and (B1), “relevant person” means a person entitled to give paid instruction in the driving of a motor car by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023. (b) in subsection (3), for “the appeal” substitute “an appeal under subsection (1) or (2)”.

Amendments to the Street Works (Qualifications of Operatives and Supervisors) (England) Regulations 2016

98

  • (1) The Street Works (Qualifications of Operatives and Supervisors) (England) Regulations 2016[^f00101] are amended as follows.
  • (2) In regulation 2(1) (interpretation)—
  • (a) after the definition of “the 2009 Regulations”, insert—
  • “the 2023 Regulations” means the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;
  • (b) for the definition of “adaptation period”, substitute—
  • “adaptation period” has the meaning given to it in regulation 3 of the 2023 Regulations;
  • (c) for the definition of “aptitude test”, substitute—
  • “aptitude test” has the meaning given to it in regulation 3 of the 2023 Regulations;
  • (3) In regulation 3 (prescribed qualifications) for paragraph (3)(b) and (c), substitute—

(b) a competent authority has issued a certificate of recognition stating that qualifications held by the person for that type of work have been recognised under Part 2 of the 2023 Regulations; or (c) a competent authority has issued a certificate of recognition stating that the person has completed an adaptation period or has taken and passed an aptitude test, imposed in accordance with Part 2 of the 2023 Regulations.

SCHEDULE 4 — Amendments consequent upon the commencement of section 5(1) of the Professional Qualifications Act 2022 and revoking other EU recognition law

PART 1 — Amendments in respect of professions in education

Amendments to the Education (School Teachers’ Qualifications) (England) Regulations 2003

1

  • (1) The Education (School Teachers’ Qualifications) (England) Regulations 2003 are amended as follows.
  • (2) In Part 1 of Schedule 2 (qualified teacher status requirements)—
  • (a) in paragraph 8(1)[^f00102]—
  • (i) in paragraph (d), for “2019.”, substitute “2019;”;
  • (ii) after paragraph (d), insert—

(e) a decision taken or determination made under the 2015 European Union Regulations in accordance with paragraphs 1, 2(2) and (3) of Schedule 1 to the Professional Qualifications Act 2022 (Commencement No. 3) Regulations 2023[^f00103].

  • (b) in paragraph 8A(1)[^f00104]—
  • (i) omit “or” at the end of paragraph (a)(ii);
  • (ii) in paragraph (a)(iii), for “and”, substitute “or”;
  • (iii) after paragraph (a)(iii), insert—

(iv) a decision taken or determination made under the 2015 European Union Regulations in accordance with paragraphs 1, 2(2) and (3) of Schedule 1 to the Professional Qualifications Act 2022 (Commencement No. 3) Regulations 2023; and

Amendment to the Education (Induction Arrangements for School Teachers) (England) Regulations 2012

2

  • (1) Paragraph 10 of Schedule 1 to the Education (Induction Arrangements for School Teachers) (England) Regulations 2012 (employment as a qualified teacher in a relevant school without satisfactory completion of an induction period)[^f00105] is amended as follows.
  • (2) In sub-paragraph (1)(b)(ii) after “the 2019 Regulations”, insert “or paragraphs 1, 2(2) and (3) of Schedule 1 to the Professional Qualifications Act 2022 (Commencement No. 3) Regulations 2023”.

PART 2 — Amendments in respect of professions in transport

Amendments to the Road Traffic (Amendment) Act (Northern Ireland) 2016

3

  • (1) The Road Traffic (Amendment) Act (Northern Ireland) 2016[^f00106] is amended as follows.
  • (2) In section 17(4)(b) (amendment of Article 19D of the Road Traffic (Northern Ireland) Order 1981[^f00107] as respects approved programmes of training: category B motor vehicles and motor bicycles)—
  • (a) in inserted paragraph (1ZB)(a)(i), omit “, EU temporary driving instructor”;
  • (b) in inserted paragraph (1ZB)(a)(ii), omit “, EU temporary motorcycle instructor”;
  • (c) in inserted paragraph (1ZB)(a)(iii), omit “or an EU temporary motorcycle instructor”; and
  • (d) in inserted paragraph (1ZB)(b), for “approved motorcycle instructor, EU temporary driving instructor and EU temporary motorcycle instructor”, substitute “and “approved motorcycle instructor””.

Amendments to the Motor Vehicles (Driving Licences) Regulations 1999

4

  • (1) The Motor Vehicles (Driving Licences) Regulations 1999[^f00108] are amended as follows.
  • (2) In regulation 16(13)(za) (conditions attached to provisional licences), omit “either part of”.
  • (3) In regulation 60 (certified instructors)—
  • (a) in paragraph (1), for “60A”, substitute “61”;
  • (b) at the end of paragraph (9), omit “, and includes a person in respect of whom there is in force a valid certificate issued under regulation 60A(3)(c)”.
  • (4) Omit regulation 60A (temporary certified instructors).
  • (5) In regulation 62 (withdrawal of approval to provide training courses or to act as an instructor)—
  • (a) in paragraph (1), omit “or 60A(3)(b),”;
  • (b) in paragraph (3)—
  • (i) after “60(4)(b)”, omit “or 60A(3)(b),”;
  • (ii) in sub-paragraph (b), omit “or 60A(3)(c)” in both places it occurs.
  • (6) In regulation 63 (cessation of conduct of training)—
  • (a) in paragraph (1)—
  • (i) omit “or 60A(1)”;
  • (ii) omit “or 60A(3)(c)” in both places it occurs;
  • (b) in paragraph (2)—
  • (i) omit “or 60A(5)”;
  • (ii) omit “or 60A(3)(c)”.
  • (7) In regulation 64(2) (approved training courses conducted by certified direct access instructors), omit “or 65A”.
  • (8) Omit regulation 65A (temporary certified direct access instructors).
  • (9) In regulation 69A (review of Part V)—
  • (a) omit paragraph (2);
  • (b) omit paragraph (6).
  • (10) In Schedule 13 (approved motor bicycle training courses: forms of certificate)—
  • (a) in the shoulder note, for “Regulations 60, 60A, 65, 65A and 68” substitute “Regulations 60, 65 and 68”;
  • (b) omit Parts 4 and 5.

Amendments to the Motor Cars (Driving Instruction) Regulations 2005

5

  • (1) The Motor Cars (Driving Instruction) Regulations 2005 are amended as follows.
  • (2) In regulation 2(1) (interpretation), in the definition of “approved driving instructor”, omit “Part 1 of”.
  • (3) In regulation 9(1) (additional conditions for entry of name on register), for “in Part 1 of the register the name of a person who is required to pass the examination”, substitute “the name of a person in the register”.
  • (4) In regulation 11(1) (additional condition for retention of names on the register), omit “Part 1 of”.
  • (5) In regulation 17(1) (fees), in column (2) of the Table—
  • (a) in item 6, omit “Part 1 of”;
  • (b) in item 8, omit “Part 1 of”;
  • (c) in item 9, omit “Part 1 of”.
  • (6) In regulation 18 (official title of registered person and certificate of registration: Part 1)—
  • (a) in the heading, omit “: Part 1”;
  • (b) in paragraph (1), omit “Part 1 of”;
  • (c) in paragraph (2), omit “Part 1 of”.
  • (7) Omit regulation 18A (official title of registered person and certificate of registration: Part 2).
  • (8) In regulation 19 (form of badge: Part 1)—
  • (a) in the heading, omit “: Part 1”;
  • (b) after “whose names are in”, omit “Part 1 of”.
  • (9) Omit regulation 19A (form of badge: Part 2).
  • (10) In regulation 23 (review)—
  • (a) omit paragraph (2);
  • (b) omit paragraph (6).
  • (11) In the title of Schedule 5, omit “: PART 1”.
  • (12) Omit Schedule 5A (Form of Certificate: Part 2).
  • (13) In the title of Schedule 6, omit “: PART 1”.
  • (14) Omit Schedule 6A (Form of Badge: Part 2).

Amendments to the Road Traffic (Northern Ireland) Order 2007

6

  • (1) The Road Traffic (Northern Ireland) Order 2007 is amended as follows.
  • (2) In Article 2(2) (interpretation), omit the definition of “the Regulations of 2015”.
  • (3) In Article 48 (requirement of registration)—
  • (a) for paragraph (1), substitute—

(1) A person— (a) must not give paid driving instruction of any prescribed description unless he is registered in respect of the giving of that description of driving instruction; and (b) must not carry on a business in the provision of paid driving instruction of any prescribed description unless he is registered in respect of the carrying on of business in the provision of that description of driving instruction.

  • (b) omit paragraph (1A);
  • (c) in paragraph (7), omit “Part 1 or 2 of”.
  • (4) In Article 49 (paid driving instruction: offences)—
  • (a) in paragraph (1), for “48(1)”, substitute “48(1)(a)”;
  • (b) in paragraph (2), for “48(1A)”, substitute “48(1)(b)”;
  • (c) in paragraph (3), omit “in the appropriate part of the register”;
  • (d) omit paragraph (5).
  • (5) In Article 51 (register), omit paragraphs (1A) to (1C).
  • (6) In Article 52 (conditions of registration)—
  • (a) in paragraph (1)—
  • (i) omit “in Part 1 of the register”;
  • (ii) omit “in that Part”;
  • (b) in paragraph (2), omit “in Part 1 of the register”.
  • (7) In Article 55 (duration of registration)—
  • (a) in paragraph (1), omit “in Part 1 of the register”;
  • (b) in paragraph (3), omit “in Part 1 of the register”;
  • (c) in paragraph (4), omit “in Part 1 of the register”;
  • (d) omit paragraphs (6) to (8).
  • (8) In Article 56 (extension of duration of registration)—
  • (a) in paragraph (1), omit “in Part 1 of the register”;
  • (b) in paragraph (4), omit “in Part 1 of the register”;
  • (c) in paragraph (6), omit “in Part 1 of the register”.
  • (9) In Article 57 (termination of registration by Registrar)—
  • (a) in paragraph (1)—
  • (i) insert “or” at the end of sub-paragraph (a);
  • (ii) omit sub-paragraphs (c) and (d);
  • (b) in paragraph (3)—
  • (i) omit “or renewed”;
  • (ii) omit “or renewal”.
  • (10) In Article 58(1) (cases where Registrar may give direction as to further applications), omit “, in respect of Part 1 of the register,”.
  • (11) In Article 59 (appeals to the Department)—
  • (a) in paragraph (1)(a)(ii), omit “or renewal”;
  • (b) in paragraph (6), omit “in Part 1 of the register”;
  • (c) in paragraph (11), omit “or renewal”.
  • (12) In Article 60 (appeals to court of summary jurisdiction)—
  • (a) in paragraph (1)(a), omit “or renewal”;
  • (b) in paragraph (3), omit “in Part 1 of the register,”.
  • (13) In Article 69(1) (power to alter registration period), omit “, in respect of Part 1 of the register,”.
  • (14) In Article 70 (evidence of registration)—
  • (a) for paragraph (2), substitute—

(2) If at any time a person who is not registered— (a) displays a certificate or other item prescribed under paragraph (1); (b) uses a title or other description prescribed under paragraph (1)(b); or (c) uses a title, certificate or other description implying that he is registered, he is guilty of an offence unless he proves that he did not know, and did not have reasonable cause to believe, that he was not registered at that time.

  • (b) in paragraph (3)—
  • (i) in sub-paragraph (a), omit “for use by other persons registered in either Part of the register”;
  • (ii) after sub-paragraph (a), insert “or”;
  • (iii) omit sub-paragraph (c) and the “or” preceding it.

Amendments to the Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016

7

  • (1) The Driving and Motorcycle Riding Instructors (Recognition of European Professional Qualifications) Regulations 2016 are amended as follows.
  • (2) In regulation 2 (modifications of Part 5 of the Road Traffic Act 1988 that have effect until the coming into force of Schedule 6 to the Road Safety Act 2006)—
  • (a) omit paragraph (2);
  • (b) omit paragraph (3);
  • (c) in paragraph (4)—
  • (i) omit sub-paragraphs (a) to (e);
  • (ii) omit sub-paragraph (g);
  • (d) omit paragraph (5);
  • (e) omit paragraph (6);
  • (f) omit paragraph (7);
  • (g) in paragraph (9)—
  • (i) omit sub-paragraphs (a) and (b);
  • (ii) in sub-paragraph (c), in the subsection (3) substituted by that sub-paragraph—
  • (aa) omit “Part 1 of”;
  • (bb) omit “that Part of” in each place it occurs;
  • (iii) in sub-paragraph (c), omit the subsection (4) substituted by that sub-paragraph.
  • (3) Omit regulations 3 and 4.

Amendments to the Street Works (Qualifications of Operatives and Supervisors) (England) Regulations 2016

8

  • (1) The Street Works (Qualifications of Operatives and Supervisors) (England) Regulations 2016 are amended as follows.
  • (2) In regulation 2(1) (interpretation)—
  • (a) omit the definition of “the 2015 Regulations”;
  • (b) for the definition of “competent authority”, substitute—
  • “competent authority” means the Scottish Qualifications Authority, the City and Guilds of London Institute and the Certification and Association Board for the Water Authority;
  • (3) Omit regulation 7 (freedom to provide services on a temporary basis).

PART 3 — Amendment to the Provision of Services Regulations 2009

Amendment to the Provision of Services Regulations 2009

9

  • (1) The Provision of Services Regulations 2009[^f00109] are amended as follows.
  • (2) In regulation 31(5)(k) for “38, 39 and 40” substitute “38 and 39”.

Signed

Kevin Hollinrake — Parliamentary Under Secretary of State — Department for Business and Trade — 29th November 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision under section 3(1) of the Professional Qualifications Act 2022 (c. 20) (“the 2022 Act”) to implement provisions relating to the recognition of professional qualifications contained in the free trade agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland done at London on 8thJuly 2021 (“the EEA EFTA free trade agreement”).

Part 2 establishes rules for the recognition of professional qualifications obtained in a specified state. The specified states are listed in Schedule 1 to these Regulations.

Part 3 establishes rules for the provision of information by regulators and dealing with enquiries from professionals who have obtained professional qualifications in a specified state.

Schedule 3 contains amendments to sectoral legislation for the purpose of, and in connection with, implementing provisions relating to the recognition of professional qualifications in the EEA EFTA free trade agreement.

These Regulations also make amendments, in Schedule 4, to sectoral legislation consequent upon the commencement of section 5(1) of the 2022 Act and revoking other EU recognition law. Section 5(1) revokes the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059) which provided a general system of recognition for qualifications from the European Economic Area and Switzerland. Commencement regulations will bring section 5(1) of the 2022 Act into force on the same day as this instrument comes into force.

An impact assessment has not been produced as no, or no significant, impact on the public, private or voluntary sector is foreseen. An Explanatory Memorandum is available alongside this instrument on www.legislation.gov.uk. A copy has also been placed in the Libraries of both Houses of Parliament.

Footnotes

[^f00001]: 2022 c. 20.

[^f00002]: An electronic copy is available at www.gov.uk. A hard copy can be obtained free of charge on request by calling the Department for Business and Trade on 020 4551 0011 or may be inspected free of charge at Old Admiralty Building, Admiralty Place, London, SW1A 2DY.

[^f00004]: “Regulator” is defined in section 19 of the 2022 Act.

[^f00005]: Volumes 1 and 2 were published on 16th July 2021, ISBN 978-1-5286-2805-1, CP 496, and are available electronically at https://www.gov.uk/government/publications/free-trade-agreement-between-iceland-the-principality-of-liechtenstein-and-the-kingdom-of-norway-and-the-united-kingdom-of-great-britain-and-northern. A hard copy can be obtained free of charge on request by calling the Department for Business and Trade on 020 4551 0011 or may be inspected free of charge at Old Admiralty Building, Admiralty Place, London, SW1A 2DY.

[^f00006]: “Qualification” is defined in section 19 of the 2022 Act.

[^f00007]: “Retained EU recognition law” is defined in section 6(2) of the 2022 Act.

[^f00008]: Amendments for the purposes of, and in connection with, the implementation of the EEA EFTA free trade agreement that are relevant to the medical regulators are contained in Schedule 3.

[^f00009]: 1983 c. 54. Sections 34C and 34D were inserted by S.I. 2010/234. Section 34D has been amended by S.I. 2019/593.

[^f00010]: 1984 c. 24.

[^f00011]: EUR 2005/1. Paragraph 3 of Annex 4 was inserted by S.I. 2019/802, as amended by S.I. 2020/1590. There are other amending instruments but none is relevant to these Regulations.

[^f00012]: EUR 2009/1099, as amended by S.I. 2019/802. There are other amending instruments but none is relevant to these Regulations.

[^f00013]: S.I. 2015/1782, as amended by S.I. 2019/1308. There are other amending instruments but none is relevant to these Regulations.

[^f00014]: S.I. 2003/1662, as amended by S.I. 2012/431 and 2022/1256. There are other amending instruments but none is relevant to these Regulations.

[^f00015]: S.I. 2012/1115. Paragraph 25 of Schedule 1 was inserted by S.I. 2022/1256. There are other amending instruments but none is relevant to these Regulations.

[^f00016]: EUR 2014/517, as amended by S.I. 2019/583 and S.I. 2020/1616. There are other amending instruments but none is relevant to these Regulations.

[^f00017]: S.I. 2015/168, to which there are amendments but none is relevant to these Regulations.

[^f00018]: Details can be obtained from the British Pest Control Association, 4A Mallard Way, Pride Park, Derby, DE24 8GX, telephone number: 01332 294288/225113; email: enquiry@bpca.org.uk.

[^f00019]: S.I. 2013/264. Parts 1 and 2 of Schedule 2 have been amended by S.I. 2020/1504. There are other amending instruments but none is relevant to these Regulations.

[^f00020]: S.R. 2013 No. 66, to which there are amendments but none is relevant to these Regulations.

[^f00021]: 1983 c. 54.

[^f00022]: Section 21B was inserted by S.I. 2006/1914. The relevant amendment was made by S.I. 2019/593.

[^f00023]: Section 29G was inserted by S.I. 2002/3135. There are amendments to section 29G but none is relevant to these Regulations.

[^f00024]: There are amendments to section 32 but none is relevant to these Regulations.

[^f00025]: Section 55 was renumbered as section 55(1) by S.I. 1996/1591, and amended by paragraph 23 of Schedule 19 to the Data Protection Act 2018 (c. 12) and S.I. 1996/1591, 2002/3135, 2006/1914, 2007/3101, 2008/1774, 2010/234, 2014/1101, 2015/794, 2016/1030, 2019/419 and 593. There are other amendments to section 55 but none is relevant to these Regulations.

[^f00026]: Paragraph 3(3) was repealed by S.I. 2006/1914. There are other amendments by paragraph 3 but none is relevant to these Regulations.

[^f00027]: Paragraph 4B was inserted by S.I. 2007/3101.

[^f00028]: Paragraph 5 was amended by S.I. 1996/1591, 2000/3041, 2002/3135, 2006/1914 and 2007/3101.

[^f00029]: There are amendments to paragraph 3 but none is relevant to these Regulations.

[^f00030]: 1984 c. 24.

[^f00031]: Relevant amending instruments are S.I. 2007/3101, 2019/593, 2020/394 and 2023/162.

[^f00032]: Section 15A was inserted by S.I. 2015/806. There are amendments to section 15A but none is relevant to these Regulations.

[^f00033]: Relevant amending instruments are S.I. 1996/1496, 2005/2011, 2007/3101, 2014/1887 and 2019/593.

[^f00034]: Relevant amending instruments are S.I. 2007/3101, 2015/806 and 2019/593.

[^f00035]: Section 21A was inserted by S.I. 1998/811 and substituted by S.I. 2007/3101. Section 21A was amended by S.I. 2015/806 and 2019/593.

[^f00036]: Section 26B was inserted by S.I. 2005/2011. There are amendments to section 26B but none is relevant to these Regulations.

[^f00037]: Section 36C was inserted by S.I. 2005/2011. Relevant amending instruments are S.I. 2015/806, 2019/593 and 2023/162.

[^f00038]: Section 36CA was inserted by S.I. 2015/806. There are amendments to section 36CA but none is relevant to these Regulations.

[^f00039]: Section 36E was inserted by S.I. 2005/2011. Section 36E was amended by S.I. 2007/3101, 2015/806 and 2019/593.

[^f00040]: Section 36F was inserted by S.I. 2005/2011. There are amendments to section 36F but none is relevant to these Regulations.

[^f00041]: Section 36M was inserted by S.I. 2005/2011. There are amendments to section 36M but none is relevant to these Regulations.

[^f00042]: Section 37 was amended by S.I. 2005/2011. There are other amendments but none is relevant to these Regulations.

[^f00043]: There are amendments to section 38 but none is relevant to these Regulations.

[^f00044]: Section 53 was amended by paragraph 31 of Schedule 19 to the Data Protection Act 2018 (c. 12) and S.I. 2005/2011, 2007/3101, 2015/806, 2019/419, 2019/593 and 2023/162. There are other amendments to regulation 53 but none is relevant to these Regulations.

[^f00045]: Schedule 2A was inserted by S.I. 2005/2011 and amended by S.I. 2007/3101 and 2019/593. There are other amendments to Schedule 2A but none is relevant to these Regulations.

[^f00046]: 1989 c. 44.

[^f00047]: Relevant amending instruments are S.I. 2005/848 and 2019/593.

[^f00048]: Relevant amending instruments are S.I. 2005/848, 2007/3101 and 2019/593.

[^f00049]: Section 13A was inserted by S.I. 2005/848.

[^f00050]: Relevant amending instruments are S.I. 2005/848, 2007/3101, 2008/1774 and 2019/593.

[^f00051]: 1993 c. 21.

[^f00052]: There are amendments to section 3 but none is relevant to these Regulations.

[^f00053]: There are amendments to section 6 but none is relevant to these Regulations.

[^f00054]: The relevant amending instrument is S.I. 2019/593.

[^f00055]: The relevant amending instrument is S.I. 2019/593.

[^f00056]: Section 41 was amended by paragraph 9 of Schedule 2 to the Chiropractors Act 1994 (c. 17) and S.I. 2007/3101, 2008/1774 and 2019/593.

[^f00057]: 1994 c. 17.

[^f00058]: There are amendments to section 3 but none is relevant to these Regulations.

[^f00059]: There are amendments to section 6 but none is relevant to these Regulations.

[^f00060]: The relevant amending instrument is S.I. 2019/593.

[^f00061]: The relevant amending instrument is S.I. 2019/593.

[^f00062]: Relevant amending instruments are S.I. 2007/3101, 2008/1774 and 2019/593.

[^f00063]: S.I. 2002/253.

[^f00064]: Article 5A was inserted by S.I. 2015/806. There are amendments to article 5A but none is relevant to these Regulations.

[^f00065]: There are amendments to article 7 but none is relevant to these Regulations.

[^f00066]: Relevant amending instruments are S.I. 2007/3101, 2015/806, and 2019/593.

[^f00067]: Relevant amending instruments are S.I. 2007/3101, 2019/593 and 2023/162.

[^f00068]: There are amendments to article 21 but none is relevant to these Regulations.

[^f00069]: Relevant amendments were made by paragraph 286 of Schedule 19 to the Data Protection Act 2018 (c. 12) and S.I. 2007/3101, 2008/1485, 2014/1887, 2015/806, 2017/321, 2018/838, 2019/419 and 593.

[^f00070]: S.I. 2002/254.

[^f00071]: There are amendments to article 7 but none is relevant to these Regulations.

[^f00072]: Relevant amending instruments are S.I. 2014/1887 and 2019/593.

[^f00073]: There are amendments to article 12 but none is relevant to these Regulations.

[^f00074]: There are amendments to article 21 but none is relevant to these Regulations.

[^f00075]: Relevant amendments were made by sections 213, 214 and 219 of the Health and Social Care Act 2012 (c. 7), and paragraph 27 of Schedule 5 to the Children and Social Work Act 2017 (c. 16) and S.I. 2004/1947 and 2033, 2007/3101, 2009/1182, 2010/233, 2014/1887 and 2019/593.

[^f00076]: S.I. 2010/231.

[^f00077]: Relevant amendments were made by paragraph 352 of Schedule 19 to the Data Protection Act 2018 (c. 12), and S.I. 2007/ 3101, 2015/806 and 968, 2016/372 and 1030 and 2019/419 and 593.

[^f00078]: There are amendments to article 20 but none is relevant to these Regulations.

[^f00079]: The relevant amending instrument is S.I. 2019/593.

[^f00080]: The relevant amending instrument is S.I. 2019/593.

[^f00081]: There are amendments to article 23 but none is relevant to these Regulations.

[^f00082]: Article 23A was inserted by S.I. 2015/806.

[^f00083]: The relevant amending instruments are S.I. 2015/806 and 2019/593.

[^f00084]: There are amendments to article 36 but none is relevant to these Regulations.

[^f00085]: There are amendments to article 48 but none is relevant to these Regulations.

[^f00086]: S.I. 2010/473.

[^f00087]: Relevant amending instruments are S.I. 2019/593 and 2022/1326.

[^f00088]: Relevant amending instruments are S.I. 2019/593 and 2022/1326.

[^f00089]: 2006 c. 46.

[^f00090]: Paragraph 6(1A) was inserted by S.I. 2016/649, and amended by S.I. 2019/177 and 1392 and 2020/523.

[^f00091]: Relevant amending instruments are S.I. 2016/649 and 2019/177.

[^f00092]: 2014 c. 2.

[^f00093]: The relevant amending instrument is S.I. 2019/504.

[^f00094]: The relevant amending instrument is S.I. 2019/504.

[^f00095]: 2006 c. 49.

[^f00096]: S.I. 1999/2864, amended by S.I. 2016/1089. There are other amending instruments but none is relevant to these Regulations.

[^f00097]: S.I. 2005/1902, amended by S.I. 2014/1816 and 2016/1089. There are other amending instruments but none is relevant to these Regulations.

[^f00098]: S.I. 2007/916 (N.I. 10). There are amending instruments but none is relevant to these Regulations.

[^f00099]: S.I. 2010/724. There are amending instruments but none is relevant to these Regulations.

[^f00100]: S.I. 2016/1089.

[^f00101]: S.I. 2016/1147.

[^f00102]: Paragraph 8 was substituted by S.I. 2019/312, and amended by S.I. 2020/1038.

[^f00103]: S.I. 2023/1081.

[^f00104]: Paragraph 8A was inserted by S.I. 2016/1123 as amended by S.I. 2019/312 and 2020/1038.

[^f00105]: Paragraph 10 was substituted by S.I. 2019/312, and amended by S.I. 2022/1256.

[^f00106]: 2016 c. 11.

[^f00107]: S.I. 1981/154 (N.I. 1).

[^f00108]: S.I. 1999/2864, as amended by S.I. 2016/1089. There are other amending instruments but none is relevant to these Regulations.

[^f00109]: S.I. 2009/2999; regulation 31(5)(k) was substituted by S.I. 2018/1329.

Editorial notes

[^key-4bfd5632d5405110e00404eb841e0445]: Reg. 1 in force at 1.12.2023, see reg. 1

[^key-f8c34ac26ffdc9e3ab4ffdf4bb37cec7]: Reg. 2 in force at 1.12.2023, see reg. 1

[^key-e33853e1b2be0952710932eb4284d72f]: Reg. 3 in force at 1.12.2023, see reg. 1

[^key-097c176d0f64cf8e9a476db984859691]: Reg. 4 in force at 1.12.2023, see reg. 1

[^key-64deb0bca3b1d19de21df17399e5ae3b]: Reg. 5 in force at 1.12.2023, see reg. 1

[^key-cd5f6ec0f25d24d9e97d2bf16f1b92fa]: Reg. 6 in force at 1.12.2023, see reg. 1

[^key-050d7368b0204b674a8cd48b5de54acd]: Reg. 7 in force at 1.12.2023, see reg. 1

[^key-49ef902e15bf10c25dfec773c9699419]: Reg. 8 in force at 1.12.2023, see reg. 1

[^key-13d00b5006ead6a1ee17bea3d448d0bd]: Reg. 9 in force at 1.12.2023, see reg. 1

[^key-a1c0aedf8c187cd5be97f1b50dfdf306]: Reg. 10 in force at 1.12.2023, see reg. 1

[^key-06a16206ef3f7760eeac3d2e932e55dd]: Reg. 11 in force at 1.12.2023, see reg. 1

[^key-d35b123fce3368ad928bbd771a7ec8d2]: Reg. 12 in force at 1.12.2023, see reg. 1

[^key-d54646c1e2d29575ebcae15d26577882]: Reg. 14 in force at 1.12.2023, see reg. 1

[^key-bb3b4da2c343e07945b6bbd2a7e6345f]: Reg. 15 in force at 1.12.2023, see reg. 1

[^key-51005be2553ece60f18ebedf24375fbc]: Reg. 16 in force at 1.12.2023, see reg. 1

[^key-2c68f5e2f9f40b60fa0a5117456685a5]: Sch. 1 in force at 1.12.2023, see reg. 1

[^key-81c92e5134eecbc1ffd905ae4560eb3c]: Sch. 2 in force at 1.12.2023, see reg. 1

[^key-8de43f84fb8f8dca24b77079623b4fe3]: Sch. 3 para. 1 in force at 1.12.2023, see reg. 1

[^key-1733a17e45676795c3701fc56b1e331b]: Sch. 3 para. 2 in force at 1.12.2023, see reg. 1

[^key-3adf5f17a05250c14464b1413a558c54]: Sch. 3 para. 3 in force at 1.12.2023, see reg. 1

[^key-188d68e0ddb485a79255bf60791f2c96]: Sch. 3 para. 4 in force at 1.12.2023, see reg. 1

[^key-ddff9c9e3e8aabae6510071d84f954f9]: Sch. 3 para. 5 in force at 1.12.2023, see reg. 1

[^key-fd449cf9ea941803db564f1e7685b47f]: Sch. 3 para. 6 in force at 1.12.2023, see reg. 1

[^key-3815b93df0199c3b8fb38bbdc5f18787]: Sch. 3 para. 7 in force at 1.12.2023, see reg. 1

[^key-fbde2f5140c8cfe5b33de6b1bd137060]: Sch. 3 para. 8 in force at 1.12.2023, see reg. 1

[^key-c66f7ceb5135c5a801af75ba701957eb]: Sch. 3 para. 9 in force at 1.12.2023, see reg. 1

[^key-66252b338ffc557e330274d3bbda6b1c]: Sch. 3 para. 10 in force at 1.12.2023, see reg. 1

[^key-e5f4d6887a5d4f279e22eea1136be801]: Sch. 3 para. 11 in force at 1.12.2023, see reg. 1

[^key-a58d0f9fdabd6b219e719520068fe845]: Sch. 3 para. 12 in force at 1.12.2023, see reg. 1

[^key-1da6851e5fc403c344698f7186659cc4]: Sch. 3 para. 13 in force at 1.12.2023, see reg. 1

[^key-3adea44e1eaf4e1084f1cea9b9450bfc]: Sch. 3 para. 14 in force at 1.12.2023, see reg. 1

[^key-05ebed787edd173f457898e8f73390df]: Sch. 3 para. 15 in force at 1.12.2023, see reg. 1

[^key-caa69c537411aeb69c60a3ea0dabc8fb]: Sch. 3 para. 16 in force at 1.12.2023, see reg. 1

[^key-ae0c640399bd8f3a37f963acc62663cb]: Sch. 3 para. 17 in force at 1.12.2023, see reg. 1

[^key-b0023543f71b02cd177f32fce8b2e821]: Sch. 3 para. 18 in force at 1.12.2023, see reg. 1

[^key-a59cb37ee136917dbe24f012f4b4d3b4]: Sch. 3 para. 19 in force at 1.12.2023, see reg. 1

[^key-53452630ab833133be7be723c1fa0135]: Sch. 3 para. 20 in force at 1.12.2023, see reg. 1

[^key-48c29901052213a92828bb3eaf423e00]: Sch. 3 para. 21 in force at 1.12.2023, see reg. 1

[^key-a2d0d26ceac528739a4977ae71a98625]: Sch. 3 para. 22 in force at 1.12.2023, see reg. 1

[^key-0e0aee6a0ff1a03f0b2347094cfef315]: Sch. 3 para. 23 in force at 1.12.2023, see reg. 1

[^key-2f8df794221665fa5e79f47b62effeec]: Sch. 3 para. 24 in force at 1.12.2023, see reg. 1

[^key-ff58d338a411ac5e34ee65ff88518f83]: Sch. 3 para. 25 in force at 1.12.2023, see reg. 1

[^key-4ac5837d2160c204a6144d93a5c17010]: Sch. 3 para. 26 in force at 1.12.2023, see reg. 1

[^key-18e9df305946b2af16a52851b7816724]: Sch. 3 para. 27 in force at 1.12.2023, see reg. 1

[^key-b8462e8b9cb75d13aa13179605748590]: Sch. 3 para. 28 in force at 1.12.2023, see reg. 1

[^key-ffdb0181ced6d68e418e7f419c6bfc9e]: Sch. 3 para. 29 in force at 1.12.2023, see reg. 1

[^key-f3c544138efea0170c716b4a0beb22ac]: Sch. 3 para. 30 in force at 1.12.2023, see reg. 1

[^key-7c64957ea90ab08967b7cd83308d521c]: Sch. 3 para. 31 in force at 1.12.2023, see reg. 1

[^key-8363b90f95f13d60c064a89d74dd566e]: Sch. 3 para. 32 in force at 1.12.2023, see reg. 1

[^key-75f3a8d6cca58cbc6e9351e2a1e6b1e0]: Sch. 3 para. 33 in force at 1.12.2023, see reg. 1

[^key-0b32f8726cd6de25dfc99a00b8e855bd]: Sch. 3 para. 34 in force at 1.12.2023, see reg. 1

[^key-7d6c5012e7414e714c9857e094dbb466]: Sch. 3 para. 35 in force at 1.12.2023, see reg. 1

[^key-464497a569ee733e092c1009885ebd25]: Sch. 3 para. 36 in force at 1.12.2023, see reg. 1

[^key-388346e671bb9b57c6e2fcbbcb35eb5e]: Sch. 3 para. 37 in force at 1.12.2023, see reg. 1

[^key-1ef9e6a79c1c60ab5c70b5d151dcd8dc]: Sch. 3 para. 38 in force at 1.12.2023, see reg. 1

[^key-44a4fe7ec72e6f371657e9d2110e41a2]: Sch. 3 para. 39 in force at 1.12.2023, see reg. 1

[^key-bbf950fa89d2437964e051fc5d32d484]: Sch. 3 para. 40 in force at 1.12.2023, see reg. 1

[^key-fb771ab1ecb89c3e08b644104d7ac3bb]: Sch. 3 para. 41 in force at 1.12.2023, see reg. 1

[^key-eb896641b012cb800c3dfb39bacb2424]: Sch. 3 para. 42 in force at 1.12.2023, see reg. 1

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