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

[^key-7700d5bcade063260f37069194a8044f]: Words in Sch. 2 para. 1(4) inserted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), reg. 1(3), Sch. 1 para. 4(b)(ii)

[^M_I_b12b671a-d919-43a6-ba68-e25a284b2383]: Sch. 1 para. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^M_I_f696b9eb-63b5-4cfe-82bc-cfc957cf2133]: Sch. 1 para. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^M_I_6167a5be-87cc-4f99-b838-e731961c0100]: Sch. 1 para. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^M_I_d95fcf0e-9f8a-4f15-b5d7-e20d0a76322b]: Sch. 1 para. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^M_I_fac63f4e-867d-4d19-c8d7-cf8f57fa8e25]: Sch. 1 para. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^M_I_a9901e97-123f-411e-8574-3459ad002987]: Sch. 1 para. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^M_I_dac4aafc-6012-449f-af1f-8b96c67c5ace]: Sch. 1 para. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^M_I_f60ec1a6-b2b1-4fa5-9188-1b3832e92d4a]: Sch. 1 para. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^M_I_5538cba6-eae1-49e8-8c68-09f0fbd06687]: Sch. 1 para. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^M_I_c32bf10b-cab4-4500-a651-239c00b1a9b6]: Sch. 1 para. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^M_I_dd62ef26-f128-4f63-c574-fd9e34640e88]: Sch. 1 para. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^M_I_bb11f84f-8980-4856-edba-2f7ede44367a]: Sch. 1 para. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^M_I_20dfc429-f880-4194-9136-1a371cd0d1f6]: Sch. 1 para. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^M_I_bf111ab4-64d7-4f37-b7cf-7d1babe89a26]: Sch. 1 para. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^key-186881c1832b8ea9af99ba77fc5a8a9d]: Words in Sch. 1 para. 42(3)(j) omitted (4.6.2021) by virtue of The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2021 (S.I. 2021/574), regs. 1(1), 2(2)

[^key-8cd833b052fb16edf0cf8d2321e89112]: Words in Sch. 1 para. 44(4)(g) omitted (4.6.2021) by virtue of The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2021 (S.I. 2021/574), regs. 1(1), 2(3)

[^key-923f16248453c032dfd82316719cf9c8]: Sch. 1 para. 47(2) substituted (4.6.2021) by The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2021 (S.I. 2021/574), regs. 1(1), 2(4)

[^key-8cd2af7b68ba9cb5b36904c879b18cb2]: Sch. 1 para. 47(3) substituted (4.6.2021) by The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2021 (S.I. 2021/574), regs. 1(1), 2(5)

Saving of decisions etc. taken before IP completion day

Applications begun before IP completion day – establishment under Chapters 1 and 2 of Part 3 of the principal Regulations - transitional and saving provision

Administrative co-operation under the withdrawal agreement and the EEA EFTA separation agreement

Certificates of Experience – Chapter 3 of Part 3 of the principal Regulations - transitional and saving provision

Alert mechanism – saving provision

The 2007 Regulations – Temporary and occasional provision of services - transitional and saving provision

Temporary and occasional provision of services – additional rights under the Swiss citizens’ rights agreement

Applications begun before IP completion day – establishment under Chapters 1 and 2 of Part 3 of the 2007 Regulations - transitional and saving provision

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• (1) This paragraph applies where—

• (a) before IP completion day, an applicant has made an application to a competent authority under, or relying on an entitlement under, Chapters 1 and 2 of Part 3 of the 2007 Regulations; and

• (b) the application has not been finally determined before IP completion day.

• (2) For the purposes of sub-paragraph (1), an application is finally determined when—

• (a) the competent authority has notified or is deemed to have notified the applicant of its decision; and

• (b) either—

• (i) the period for appeal against that decision under the 2007 Regulations has expired without an appeal being made; or

• (ii) an appeal made under regulation 36(1) of the 2007 Regulations against a decision taken or deemed to have been taken under regulation 34 has been determined.

• (3) The provisions of the 2007 Regulations continue to apply on and after IP completion day as they had effect immediately before IP completion day, but subject to the modifications specified in sub-paragraph (4), in relation to—

• (a) the application concerned; and

• (b) any appeal under regulation 36 of the 2007 Regulations against a decision taken or deemed to have been taken under regulation 34 in relation to that application.

• (4) The modifications to the 2007 Regulations are as follows—

• (a) the United Kingdom is to be treated as falling within the definition of “relevant European State” in regulation 2(1);

• (b) regulation 5 is to be read as if for paragraph (7), there were substituted—

(7) A competent authority must provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.

• (5) In this paragraph, “applicant” has the meaning in regulation 6(3) of the 2007 Regulations, as those Regulations had effect immediately before IP completion day.

Qualifications begun before IP completion day – extended period for applications under the Swiss citizens’ rights agreement

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• (1) This paragraph applies in relation to a qualifying applicant.

• (2) In this paragraph, a “qualifying applicant” means an individual who—

• (a) is a national of the United Kingdom or Switzerland, or a third country national who was, immediately before IP completion day, by virtue of any enforceable EU right entitled to be treated no less favourably than a national of either state, for the purposes of access to and pursuit of a regulated profession;

• (b) wishes to access and pursue a regulated profession in the United Kingdom on a permanent basis, whether in an employed or self-employed capacity;

• (c) has obtained a relevant qualification;

• (d) if that relevant qualification was obtained in a third country, has three years’ professional experience in the profession concerned in the territory of Switzerland and certified by a competent authority in Switzerland; and

• (e) if that relevant qualification is a professional qualification obtained in an EEA State, is legally established in Switzerland, unless the individual is a Swiss national.

• (3) In this paragraph, “relevant qualification” means —

• (a) a professional qualification obtained in an EEA State or Switzerland before IP completion day;

• (b) a professional qualification started in an EEA State or Switzerland before IP completion day but completed after IP completion day;

• (c) a third country professional qualification recognised by a competent authority in Switzerland pursuant to Article 2(2) of Directive 2005/36/EC before IP completion day;

• (d) a third country professional qualification for which an application for recognition pursuant to Article 2(2) of Directive 2005/36/EC has been submitted to a competent authority in Switzerland before IP completion day, where that application is successful after IP completion day.

• (4) In this paragraph—

• “Directive 2005/36/EC” means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as it had effect immediately before IP completion day;

• “competent authority”, “professional qualification” and “third country” have the meanings in regulation 2(1) of the 2007 Regulations as they had effect immediately before IP completion day.

• (5) Where a qualifying applicant makes an application to a competent authority for recognition of a relevant qualification before the end of the period of four years beginning with IP completion day, the provisions of the 2007 Regulations continue to apply on and after IP completion day as those Regulations had effect immediately before IP completion day, but subject to the modifications specified in sub-paragraph (6), in relation to—

• (a) the application concerned; and

• (b) any appeal under regulation 36 of the 2007 Regulations against a decision made under regulation 34 in relation to that application.

• (6) The modifications to the 2007 Regulations are as follows—

• (a) the United Kingdom is to be treated as falling within the definition of “relevant European State” in regulation 2(1);

• (b) regulation 5 is to be read as if—

• (i) in paragraph (5), for “another relevant European State which regulates that profession” there were substituted “Switzerland”;

• (ii) for paragraph (7), there were substituted—

(7) A competent authority must provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.

• (c) in regulation 6(4), the definition of “applicant” is to be read as meaning a qualifying applicant as defined in sub-paragraph (2) of this paragraph.

Certificates of Experience – Chapter 3 of Part 3 of the 2007 Regulations - transitional and saving provision

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• (1) Where, before IP completion day, a person has applied to ECCTIS Limited for a Certificate of Experience under regulation 29 of the 2007 Regulations—

• (a) that regulation; and

• (b) any other provision of the 2007 Regulations so far as it relates to regulation 29,

continue to apply on and after IP completion day as they had effect immediately before IP completion day in relation to that application.

• (2) Regulation 30 of the 2007 Regulations continues to apply on and after IP completion day as it had effect immediately before IP completion day in relation to any Certificate of Experience issued by ECCTIS under the 2007 Regulations.

Further provisions relating to the Swiss citizens’ rights agreement

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• (1) In dealing with a relevant applicant (as defined in paragraph 49(2)) who provides services in the United Kingdom pursuant to paragraph 49, a competent authority must treat the applicant no less favourably than it would treat a native applicant (as defined in regulation 2(1) of the 2007 Regulations) providing services in the United Kingdom.

• (2) Where an individual is providing services on a temporary and occasional basis in Switzerland pursuant to Article 23 of the Swiss citizens’ rights agreement, the appropriate competent authority in the United Kingdom must cooperate with and provide the appropriate competent authority in Switzerland with any information relevant to the legality of the individual’s establishment and good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature, in accordance with regulation 5(2), (3) and (4) of the 2007 Regulations.

• (3) Where an individual has made or makes an application falling within Article 31(1) or Article 32(1) or (5) of the Swiss citizens’ rights agreement to a competent authority in Switzerland for recognition of a professional qualification awarded or recognised by a competent authority in the United Kingdom, the appropriate competent authority in the United Kingdom must cooperate with and provide information to the competent authority or contact point in Switzerland, or the individual (as the case may be), in accordance with regulation 5(2) to (7) of the 2007 Regulations.

• (4) Competent authorities in the United Kingdom must exchange information for the purposes of sub-paragraphs (2) and (3) in accordance with data protection legislation within the meaning of section 3(9) of the Data Protection Act 2018.

• (5) An individual, in connection with the recognition of professional qualifications in Switzerland pursuant to Article 31(1) or Article 32(1) or (5) of the Swiss citizens’ rights agreement, may make an application to ECCTIS Limited for a Certificate of Experience, and where that individual does so—

• (a) regulation 29 of the 2007 Regulations, and any other provision of the 2007 Regulations so far as it relates to regulation 29, applies on and after IP completion day in relation to that application; and

• (b) regulation 30 of the 2007 Regulations applies on and after IP completion day in relation to any Certificate of Experience issued by ECCTIS under the 2007 Regulations.

• (6) In this paragraph, a reference to the 2007 Regulations is to those Regulations as they had effect immediately before IP completion day, and “competent authority” has the meaning in regulation 2(1) of the 2007 Regulations.