LegalizeReform history
Professional Qualifications Act 2022
8 versions
· 2022-04-28
2024-01-01
Professional Qualifications Act 2022
2023-12-01
Professional Qualifications Act 2022
2023-06-29
Professional Qualifications Act 2022
Changes on 2023-06-29
@@ -6,7 +6,7 @@
##### 1
- (1) The appropriate national authority may by regulations make provision for individuals who meet the condition in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/2/2022-12-31) or [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/3/2022-12-31) and any other specified condition to be treated, for the purpose of determining whether they are entitled to practise a specified regulated profession in the United Kingdom or a part of it, as if they have a specified UK qualification or specified UK experience.
- (1) The appropriate national authority may by regulations make provision for individuals who meet the condition in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/2/2023-06-29) or [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/3/2023-06-29) and any other specified condition to be treated, for the purpose of determining whether they are entitled to practise a specified regulated profession in the United Kingdom or a part of it, as if they have a specified UK qualification or specified UK experience.
- (2) An individual meets the condition in this subsection if—
@@ -24,21 +24,21 @@
- (ii) that the deficiency mentioned in sub-paragraph (i) could be made up by the individual obtaining such further qualifications or experience or meeting such further condition as is set out in the determination, and
- (c) the individual has obtained the further qualifications or experience or has met the condition (whether before or after the making of the determination mentioned in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/3/b/2022-12-31)).
- (4) For the purposes of subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/1/2022-12-31) to [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/3/2022-12-31)—
- (a) a condition may be specified under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/1/2022-12-31) whether or not it is connected to the specified UK qualification or specified UK experience concerned, and
- (b) a determination mentioned in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/2/b/2022-12-31) or [(3)(b)(i)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/3/b/i/2022-12-31) may be made—
- (c) the individual has obtained the further qualifications or experience or has met the condition (whether before or after the making of the determination mentioned in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/3/b/2023-06-29)).
- (4) For the purposes of subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/1/2023-06-29) to [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/3/2023-06-29)—
- (a) a condition may be specified under subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/1/2023-06-29) whether or not it is connected to the specified UK qualification or specified UK experience concerned, and
- (b) a determination mentioned in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/2/b/2023-06-29) or [(3)(b)(i)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/3/b/i/2023-06-29) may be made—
- (i) on the basis only of the overseas qualifications or overseas experience concerned, or
- (ii) on such other basis as the specified regulator considers appropriate (such as on the basis of the overseas qualifications or overseas experience concerned together with the results of any test or other assessment given by any person).
- (5) Regulations under this section may include provision for, and in connection with, the making by an individual of an application for a determination mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/2/2022-12-31)[(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/2/b/2022-12-31) or [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/3/2022-12-31)[(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/3/b/2022-12-31).
- (6) The provision that may be made by virtue of subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/5/2022-12-31) includes—
- (5) Regulations under this section may include provision for, and in connection with, the making by an individual of an application for a determination mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/2/2023-06-29)[(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/2/b/2023-06-29) or [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/3/2023-06-29)[(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/3/b/2023-06-29).
- (6) The provision that may be made by virtue of subsection [(5)](https://www.legislation.gov.uk/ukpga/2022/20/section/1/5/2023-06-29) includes—
- (a) provision as to the form and manner of an application;
@@ -68,7 +68,7 @@
##### 2
- (1) Regulations under section 1 may not be made in respect of a regulated profession unless the appropriate national authority is satisfied that the condition in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/2/2/2022-12-31) is met.
- (1) Regulations under section 1 may not be made in respect of a regulated profession unless the appropriate national authority is satisfied that the condition in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/2/2/2023-06-29) is met.
- (2) The condition is that it is necessary to make the regulations for the purpose of enabling the demand for the services of the profession in the United Kingdom, or in the part of it to which the regulations relate, to be met without unreasonable delays or charges.
@@ -76,7 +76,7 @@
- (a) modify earlier regulations under that section without adding to the professions, or the parts of the United Kingdom, to which the earlier regulations relate, or
- (b) make provision authorised by section 13[(1)(c)](https://www.legislation.gov.uk/ukpga/2022/20/section/13/1/c/2022-12-31).
- (b) make provision authorised by section 13[(1)(c)](https://www.legislation.gov.uk/ukpga/2022/20/section/13/1/c/2023-06-29).
#### Implementation of international recognition agreements
@@ -118,13 +118,13 @@
- (ii) the recognition of qualifications or experience obtained in that country or territory for the purpose of determining whether individuals are entitled to practise the regulated profession in the United Kingdom or a part of it.
- (3) For the purposes of subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/4/2/2022-12-31)—
- (3) For the purposes of subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/4/2/2023-06-29)—
- (a) qualifications are obtained in the country or territory mentioned in that subsection if they are issued by a body that is based in that country or territory, and
- (b) experience is obtained in the country or territory mentioned in that subsection if it is obtained mainly in that country or territory.
- (4) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/4/2/2022-12-31)—
- (4) In subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/4/2/2023-06-29)—
- “*corresponding profession*” means a profession that ordinarily consists of activity that is the same as, or substantially corresponds to, activity that ordinarily comprises the practice of the regulated profession mentioned in that subsection;
@@ -136,7 +136,7 @@
- (1) The European Union (Recognition of Professional Qualifications) Regulations 2015 ([S.I. 2015/2059](https://www.legislation.gov.uk/uksi/2015/2059)) are revoked.
- (2) The appropriate national authority may by regulations make such modifications of legislation as the appropriate national authority considers to be appropriate in consequence of subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/5/1/2022-12-31).
- (2) The appropriate national authority may by regulations make such modifications of legislation as the appropriate national authority considers to be appropriate in consequence of subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/5/1/2023-06-29).
#### Revocation of other retained EU recognition law
@@ -204,7 +204,7 @@
- (1) A regulator of a regulated profession must—
- (a) publish the information mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/2022-12-31) on a website that—
- (a) publish the information mentioned in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/2023-06-29) on a website that—
- (i) is maintained by the regulator,
@@ -218,11 +218,11 @@
- (a) information as to the qualifications or experience an individual must obtain to become entitled to practise the profession (disregarding any exception to the need to obtain those qualifications or that experience);
- (b) information as to any application process by which an individual who has not obtained the qualifications or experience mentioned in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/a/2022-12-31) may seek to become entitled to practise the profession in reliance on overseas qualifications or overseas experience;
- (c) information as to any application process to which section 26 of the United Kingdom Internal Market Act 2020 applies by which an individual who has not obtained the qualifications or experience mentioned in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/a/2022-12-31) may seek to become entitled to practise the profession in reliance on UK qualifications or UK experience;
- (d) in a case where there is an application process of a sort mentioned in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/b/2022-12-31) or [(c)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/c/2022-12-31), information as to—
- (b) information as to any application process by which an individual who has not obtained the qualifications or experience mentioned in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/a/2023-06-29) may seek to become entitled to practise the profession in reliance on overseas qualifications or overseas experience;
- (c) information as to any application process to which section 26 of the United Kingdom Internal Market Act 2020 applies by which an individual who has not obtained the qualifications or experience mentioned in paragraph [(a)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/a/2023-06-29) may seek to become entitled to practise the profession in reliance on UK qualifications or UK experience;
- (d) in a case where there is an application process of a sort mentioned in paragraph [(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/b/2023-06-29) or [(c)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/c/2023-06-29), information as to—
- (i) the number of individuals who have sought to become entitled to practise the profession by means of the process;
@@ -236,7 +236,7 @@
- (g) information as to any requirement as to training, learning or otherwise that must be met by an individual to continue to be entitled to practise the profession;
- (h) information as to how any requirement mentioned in paragraph [(g)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/g/2022-12-31) may be met (such as information as to the institutions from which any training or learning may be obtained);
- (h) information as to how any requirement mentioned in paragraph [(g)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/g/2023-06-29) may be met (such as information as to the institutions from which any training or learning may be obtained);
- (i) information as to any fees payable to the regulator by individuals seeking to become or to continue to be entitled to practise the profession (such as fees payable on making an application to be registered to practise the profession); and
@@ -244,39 +244,39 @@
- (3) Where—
- (a) there is no application process of a sort mentioned in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/b/2022-12-31),
- (b) there is no application process of a sort mentioned in subsection [(2)(c)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/c/2022-12-31),
- (c) there is no requirement of a sort mentioned in subsection [(2)(e)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/e/2022-12-31),
- (d) there is no requirement of a sort mentioned in subsection [(2)(f)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/f/2022-12-31),
- (e) there is no requirement of a sort mentioned in subsection [(2)(g)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/g/2022-12-31), or
- (f) there are no fees of a sort mentioned in subsection [(2)(i)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/i/2022-12-31),
- (a) there is no application process of a sort mentioned in subsection [(2)(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/b/2023-06-29),
- (b) there is no application process of a sort mentioned in subsection [(2)(c)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/c/2023-06-29),
- (c) there is no requirement of a sort mentioned in subsection [(2)(e)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/e/2023-06-29),
- (d) there is no requirement of a sort mentioned in subsection [(2)(f)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/f/2023-06-29),
- (e) there is no requirement of a sort mentioned in subsection [(2)(g)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/g/2023-06-29), or
- (f) there are no fees of a sort mentioned in subsection [(2)(i)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/i/2023-06-29),
the regulator mentioned in subsection (1) must publish a statement that this is the case on the website mentioned in that subsection.
- (4) Where the regulator mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/1/2022-12-31) is not the only regulator of the regulated profession—
- (a) that regulator must publish on the website mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/1/2022-12-31) a statement that identifies the other regulator,
- (b) the reference in subsection [(2)(i)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/i/2022-12-31) to that regulator is to be read as including a reference to the other regulator,
- (4) Where the regulator mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/1/2023-06-29) is not the only regulator of the regulated profession—
- (a) that regulator must publish on the website mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/1/2023-06-29) a statement that identifies the other regulator,
- (b) the reference in subsection [(2)(i)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/i/2023-06-29) to that regulator is to be read as including a reference to the other regulator,
- (c) anything done by that regulator is to be taken for the purposes of this section to have also been done by the other regulator, and
- (d) the website mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/1/2022-12-31) is to be taken for the purposes of this section to also be maintained by the other regulator.
- (d) the website mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/1/2023-06-29) is to be taken for the purposes of this section to also be maintained by the other regulator.
- (5) Where the regulatory functions of the regulator mentioned in subsection (1) are exercisable throughout the United Kingdom, the references in subsection (2) to becoming or continuing to be entitled to practise the regulated profession are to be read as references to becoming or continuing to be entitled to practise the regulated profession in the United Kingdom.
- (6) Where the regulatory functions of the regulator mentioned in subsection (1) are exercisable only in a part of the United Kingdom—
- (a) the references in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/2022-12-31) to becoming or continuing to be entitled to practise the regulated profession are to be read as references to becoming or continuing to be entitled to practise the regulated profession in that part of the United Kingdom, and
- (b) the reference in subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/4/2022-12-31) to a case where that regulator is not the only regulator of the regulated profession is to be read as a reference to a case where that regulator is not the only regulator of the regulated profession with regulatory functions exercisable in that part of the United Kingdom.
- (7) In this section “*regulatory functions*” means functions under legislation that relate to the regulation of the regulated profession mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/1/2022-12-31).
- (a) the references in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/2/2023-06-29) to becoming or continuing to be entitled to practise the regulated profession are to be read as references to becoming or continuing to be entitled to practise the regulated profession in that part of the United Kingdom, and
- (b) the reference in subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/4/2023-06-29) to a case where that regulator is not the only regulator of the regulated profession is to be read as a reference to a case where that regulator is not the only regulator of the regulated profession with regulatory functions exercisable in that part of the United Kingdom.
- (7) In this section “*regulatory functions*” means functions under legislation that relate to the regulation of the regulated profession mentioned in subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/1/2023-06-29).
#### Duty of regulator to provide information to regulator in another part of UK
@@ -288,7 +288,7 @@
- (b) the individual is seeking to practise a corresponding regulated profession in another part of the United Kingdom.
- (2) A regulator of the regulated profession mentioned in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/20/section/9/1/a/2022-12-31) (“the first regulator”) must provide to a regulator of the corresponding regulated profession mentioned in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/9/1/b/2022-12-31) (“the second regulator”) any information—
- (2) A regulator of the regulated profession mentioned in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/20/section/9/1/a/2023-06-29) (“the first regulator”) must provide to a regulator of the corresponding regulated profession mentioned in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/9/1/b/2023-06-29) (“the second regulator”) any information—
- (a) that is held by the first regulator,
@@ -300,7 +300,7 @@
- (ii) is requested by the individual to be provided to the second regulator, and
- (d) that is required by the second regulator for the purpose of determining any question relating to the entitlement of the individual to practise the corresponding regulated profession in the part of the United Kingdom mentioned in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/9/1/b/2022-12-31).
- (d) that is required by the second regulator for the purpose of determining any question relating to the entitlement of the individual to practise the corresponding regulated profession in the part of the United Kingdom mentioned in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/9/1/b/2023-06-29).
- (3) A disclosure of information under this section does not breach—
@@ -310,7 +310,7 @@
- (4) Nothing in this section requires the making of a disclosure which contravenes the data protection legislation (save that the duty imposed by this section is to be taken into account in determining whether any disclosure contravenes that legislation).
- (5) In this section, “*corresponding regulated profession*” means a regulated profession that ordinarily consists of activity that is the same as, or substantially corresponds to, activity that ordinarily comprises the practice of the regulated profession mentioned in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/20/section/9/1/a/2022-12-31).
- (5) In this section, “*corresponding regulated profession*” means a regulated profession that ordinarily consists of activity that is the same as, or substantially corresponds to, activity that ordinarily comprises the practice of the regulated profession mentioned in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/20/section/9/1/a/2023-06-29).
#### Duty of regulator to provide information to overseas regulator
@@ -334,11 +334,11 @@
- (ii) is requested by the individual to be provided to the overseas regulator, and
- (d) is required by the overseas regulator for the purpose of determining any question relating to the entitlement of the individual to practise the corresponding profession in the country or territory mentioned in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/10/1/b/2022-12-31).
- (3) But the duty imposed by subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/10/2/2022-12-31) does not apply by reason of a request by the overseas regulator unless it is made with the permission of the individual.
- (4) The appropriate national authority may by regulations make such provision as the authority considers appropriate in connection with the duty imposed by subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/10/2/2022-12-31) (including provision limiting the duty).
- (d) is required by the overseas regulator for the purpose of determining any question relating to the entitlement of the individual to practise the corresponding profession in the country or territory mentioned in subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/10/1/b/2023-06-29).
- (3) But the duty imposed by subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/10/2/2023-06-29) does not apply by reason of a request by the overseas regulator unless it is made with the permission of the individual.
- (4) The appropriate national authority may by regulations make such provision as the authority considers appropriate in connection with the duty imposed by subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/10/2/2023-06-29) (including provision limiting the duty).
- (5) The regulations may in particular provide that—
@@ -362,7 +362,7 @@
- (8) In this section—
- “*corresponding profession*” means a profession that ordinarily consists of activity that is the same as, or substantially corresponds to, activity that ordinarily comprises the practice of the regulated profession mentioned in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/20/section/10/1/a/2022-12-31);
- “*corresponding profession*” means a profession that ordinarily consists of activity that is the same as, or substantially corresponds to, activity that ordinarily comprises the practice of the regulated profession mentioned in subsection [(1)(a)](https://www.legislation.gov.uk/ukpga/2022/20/section/10/1/a/2023-06-29);
- “*overseas regulator*”, in relation to a corresponding profession, means any person having functions under the law of a country or territory outside the United Kingdom that relate to the regulation of the corresponding profession in that country or territory.
@@ -432,7 +432,7 @@
##### 13
- (1) Subject to subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/13/2/2022-12-31) to [(4)](https://www.legislation.gov.uk/ukpga/2022/20/section/13/4/2022-12-31), any power to make regulations under this Act includes power—
- (1) Subject to subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/13/2/2023-06-29) to [(4)](https://www.legislation.gov.uk/ukpga/2022/20/section/13/4/2023-06-29), any power to make regulations under this Act includes power—
- (a) to modify legislation,
@@ -444,19 +444,19 @@
- (3) A power to make regulations under section 10 or 21 does not include power to amend, repeal or revoke legislation, other than earlier regulations made under either of those sections.
- (4) Subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/13/1/b/2022-12-31) and [(c)](https://www.legislation.gov.uk/ukpga/2022/20/section/13/1/c/2022-12-31) does not apply in relation to a power to make regulations under section 21.
- (4) Subsection [(1)(b)](https://www.legislation.gov.uk/ukpga/2022/20/section/13/1/b/2023-06-29) and [(c)](https://www.legislation.gov.uk/ukpga/2022/20/section/13/1/c/2023-06-29) does not apply in relation to a power to make regulations under section 21.
#### Protection of regulator autonomy
##### 14
- (1) The appropriate national authority may make regulations under section 1, 3 or 4 only if satisfied that the conditions in subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/14/2/2022-12-31) and [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/14/3/2022-12-31) are met.
- (1) The appropriate national authority may make regulations under section 1, 3 or 4 only if satisfied that the conditions in subsections [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/14/2/2023-06-29) and [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/14/3/2023-06-29) are met.
- (2) The condition in this subsection is that the regulations do not remove the ability of any regulator of a regulated profession to prevent individuals who are unfit to practise the profession from doing so.
- (3) The condition in this subsection is that the regulations will not have a material adverse effect on any regulated profession in terms of the knowledge, skills or experience of the individuals practising it.
- (4) The reference in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/14/2/2022-12-31) to individuals who are unfit to practise the profession is a reference to individuals who are unfit to practise the profession by reason of their character, a lack of knowledge, skills or experience or otherwise.
- (4) The reference in subsection [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/14/2/2023-06-29) to individuals who are unfit to practise the profession is a reference to individuals who are unfit to practise the profession by reason of their character, a lack of knowledge, skills or experience or otherwise.
- (5) A reference in this section to practising a profession includes a reference to undertaking activities that comprise the practise of the profession or using a title associated with the practise of the profession.
@@ -515,7 +515,7 @@
- (2) The Northern Ireland department which is to be consulted in accordance with subsection (1)(c) is such Northern Ireland department as the Secretary of State or (as the case may be) the Lord Chancellor considers appropriate having regard to the provision which is to be contained in the regulations concerned.
- (3) Before making regulations under this Act in relation to which the Secretary of State or the Lord Chancellor has consulted a devolved authority (or more than one devolved authority) in accordance with subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/17/1/2022-12-31), the Secretary of State or (as the case may be) the Lord Chancellor must publish a report on the consultation.
- (3) Before making regulations under this Act in relation to which the Secretary of State or the Lord Chancellor has consulted a devolved authority (or more than one devolved authority) in accordance with subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/17/1/2023-06-29), the Secretary of State or (as the case may be) the Lord Chancellor must publish a report on the consultation.
- (4) But the Secretary of State or (as the case may be) the Lord Chancellor may not publish the report unless either—
@@ -527,7 +527,7 @@
- (a) a description of—
- (i) the process undertaken in order to comply with subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/17/1/2022-12-31), and
- (i) the process undertaken in order to comply with subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/17/1/2023-06-29), and
- (ii) any agreement, objection or other views expressed as part of that process by the devolved authority (or devolved authorities) concerned, and
@@ -541,7 +541,7 @@
##### 18
- (1) Regulations under this Act are subject to the affirmative resolution procedure where they contain provision amending, repealing or revoking primary legislation or retained direct principal EU legislation.
- (1) Regulations under this Act are subject to the affirmative resolution procedure where they contain provision amending, repealing or revoking primary legislation ....
- (2) Otherwise, regulations under this Act are subject to the negative resolution procedure.
@@ -603,9 +603,9 @@
- “*qualification*” means any record, issued by a body whose ordinary activities include the issuing of such records, of having attained a particular standard following a course of study or training;
- “*regulated profession*” means a profession that is regulated by law in the United Kingdom or a part of it (see subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/19/3/2022-12-31));
- “*regulator*”, in relation to a regulated profession, means a person having functions under legislation that relate to the regulation of the profession in the United Kingdom or, as the case may be, in a part of it in which the profession is regulated by law (see subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/19/3/2022-12-31));
- “*regulated profession*” means a profession that is regulated by law in the United Kingdom or a part of it (see subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/19/3/2023-06-29));
- “*regulator*”, in relation to a regulated profession, means a person having functions under legislation that relate to the regulation of the profession in the United Kingdom or, as the case may be, in a part of it in which the profession is regulated by law (see subsection [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/19/3/2023-06-29));
- “*specified*” means specified in regulations;
@@ -655,7 +655,7 @@
- (a) sections 1 to 4;
- (b) section 5[(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/5/2/2022-12-31);
- (b) section 5[(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/5/2/2023-06-29);
- (c) section 6;
@@ -669,27 +669,27 @@
- (h) section 22.
- (2) Subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/11/1/2022-12-31), [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/11/2/2022-12-31) and [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/11/3/2022-12-31) of section 11 come into force at the end of the period of 3 months beginning with the day on which this Act is passed.
- (3) Section 8, so far as not already in force by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/1/2022-12-31), comes into force at the end of the period of 6 months beginning with the day on which this Act is passed.
- (2) Subsections [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/11/1/2023-06-29), [(2)](https://www.legislation.gov.uk/ukpga/2022/20/section/11/2/2023-06-29) and [(3)](https://www.legislation.gov.uk/ukpga/2022/20/section/11/3/2023-06-29) of section 11 come into force at the end of the period of 3 months beginning with the day on which this Act is passed.
- (3) Section 8, so far as not already in force by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/8/1/2023-06-29), comes into force at the end of the period of 6 months beginning with the day on which this Act is passed.
- (4) The following provisions come into force on such day as the Secretary of State may by regulations appoint—
- (a) section 5[(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/5/1/2022-12-31);
- (a) section 5[(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/5/1/2023-06-29);
- (b) section 7;
- (c) section 9;
- (d) section 10 so far as not already in force by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/21/1/2022-12-31);
- (e) subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/20/section/11/4/2022-12-31) and [(5)](https://www.legislation.gov.uk/ukpga/2022/20/section/11/5/2022-12-31) of section 11.
- (d) section 10 so far as not already in force by virtue of subsection [(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/21/1/2023-06-29);
- (e) subsections [(4)](https://www.legislation.gov.uk/ukpga/2022/20/section/11/4/2023-06-29) and [(5)](https://www.legislation.gov.uk/ukpga/2022/20/section/11/5/2023-06-29) of section 11.
- (5) Different days may be appointed for different purposes.
- (6) The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of a provision mentioned in subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/20/section/21/4/2022-12-31).
- (7) The power to make regulations under subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/20/section/21/6/2022-12-31) includes power to make different provision for different purposes.
- (6) The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of a provision mentioned in subsection [(4)](https://www.legislation.gov.uk/ukpga/2022/20/section/21/4/2023-06-29).
- (7) The power to make regulations under subsection [(6)](https://www.legislation.gov.uk/ukpga/2022/20/section/21/6/2023-06-29) includes power to make different provision for different purposes.
- (8) Regulations under this section are to be made by statutory instrument.
@@ -796,3 +796,13 @@
[^key-7c6bd1f68014d7a28e01d79fd7f43e96]: [S. 10](https://www.legislation.gov.uk/ukpga/2022/20/section/10) in force at 28.10.2022 in so far as not already in force by [S.I. 2022/936](https://www.legislation.gov.uk/uksi/2022/936), [reg. 3(b)](https://www.legislation.gov.uk/uksi/2022/936/regulation/3/b)
[^key-9ece89f6232b5ed04b23323e8c58964b]: [S. 11(4)](https://www.legislation.gov.uk/ukpga/2022/20/section/11/4)[(5)](https://www.legislation.gov.uk/ukpga/2022/20/section/11/5) in force at 31.12.2022 by [S.I. 2022/1384](https://www.legislation.gov.uk/uksi/2022/1384), [reg. 2](https://www.legislation.gov.uk/uksi/2022/1384/regulation/2)
[^key-4353ed7cb59c4c11ef00187aeb8b07b9]: Words in [s. 18(1)](https://www.legislation.gov.uk/ukpga/2022/20/section/18/1) omitted (29.6.2023) by virtue of [Retained EU Law (Revocation and Reform) Act 2023 (c. 28)](https://www.legislation.gov.uk/ukpga/2023/28), [s. 22(1)(d)](https://www.legislation.gov.uk/ukpga/2023/28/section/22/1/d), [Sch. 3 para. 9](https://www.legislation.gov.uk/ukpga/2023/28/schedule/3/paragraph/9)
#### Interpretation
#### Extent
#### Commencement
#### Short title
2022-12-31
Professional Qualifications Act 2022
2022-10-28
Professional Qualifications Act 2022
2022-07-28
Professional Qualifications Act 2022
2022-06-28
Professional Qualifications Act 2022
2022-04-28
Professional Qualifications Act 2022
original version
Text at this date