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
PDF Download
articles Not indexed
Reform history JSON API
30

Relevant amending instruments are S.I. 2007/3101, 2019/593, 2020/394 and 2023/162.

31

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

32

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

33

Relevant amending instruments are S.I. 2007/3101, 2015/806 and 2019/593.

34

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.

35

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

36

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

37

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

38

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

39

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

40

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

41

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

42

There are amendments to section 38 but none is relevant to these Regulations.

43

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.

44

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.

46

Relevant amending instruments are S.I. 2005/848 and 2019/593.

47

Relevant amending instruments are S.I. 2005/848, 2007/3101 and 2019/593.

48

Section 13A was inserted by S.I. 2005/848.

49

Relevant amending instruments are S.I. 2005/848, 2007/3101, 2008/1774 and 2019/593.

51

There are amendments to section 3 but none is relevant to these Regulations.

52

There are amendments to section 6 but none is relevant to these Regulations.

53

The relevant amending instrument is S.I. 2019/593.

54

The relevant amending instrument is S.I. 2019/593.

55

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.

57

There are amendments to section 3 but none is relevant to these Regulations.

58

There are amendments to section 6 but none is relevant to these Regulations.

59

The relevant amending instrument is S.I. 2019/593.

60

The relevant amending instrument is S.I. 2019/593.

61

Relevant amending instruments are S.I. 2007/3101, 2008/1774 and 2019/593.

63

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

64

There are amendments to article 7 but none is relevant to these Regulations.

65

Relevant amending instruments are S.I. 2007/3101, 2015/806, and 2019/593.

66

Relevant amending instruments are S.I. 2007/3101, 2019/593 and 2023/162.

67

There are amendments to article 21 but none is relevant to these Regulations.

68

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.

70

There are amendments to article 7 but none is relevant to these Regulations.

71

Relevant amending instruments are S.I. 2014/1887 and 2019/593.

72

There are amendments to article 12 but none is relevant to these Regulations.

73

There are amendments to article 21 but none is relevant to these Regulations.

74

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.

76

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.

77

There are amendments to article 20 but none is relevant to these Regulations.

78

The relevant amending instrument is S.I. 2019/593.

79

The relevant amending instrument is S.I. 2019/593.

80

There are amendments to article 23 but none is relevant to these Regulations.

81

Article 23A was inserted by S.I. 2015/806.

82

The relevant amending instruments are S.I. 2015/806 and 2019/593.

83

There are amendments to article 36 but none is relevant to these Regulations.

84

There are amendments to article 48 but none is relevant to these Regulations.

86

Relevant amending instruments are S.I. 2019/593 and 2022/1326.

87

Relevant amending instruments are S.I. 2019/593 and 2022/1326.

89

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

90

Relevant amending instruments are S.I. 2016/649 and 2019/177.

92

The relevant amending instrument is S.I. 2019/504.

93

The relevant amending instrument is S.I. 2019/504.

95

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

96

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.

97

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

98

S.I. 2010/724. There are amending instruments but none is relevant to these Regulations.

101

Paragraph 8 was substituted by S.I. 2019/312, and amended by S.I. 2020/1038.

103

Paragraph 8A was inserted by S.I. 2016/1123 as amended by S.I. 2019/312 and 2020/1038.

104

Paragraph 10 was substituted by S.I. 2019/312, and amended by S.I. 2022/1256.

107

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

108

S.I. 2009/2999; regulation 31(5)(k) was substituted by S.I. 2018/1329.

Editorial notes

109

Reg. 1 in force at 1.12.2023, see reg. 1

110

Reg. 2 in force at 1.12.2023, see reg. 1

111

Reg. 3 in force at 1.12.2023, see reg. 1

112

Reg. 4 in force at 1.12.2023, see reg. 1

113

Reg. 5 in force at 1.12.2023, see reg. 1

114

Reg. 6 in force at 1.12.2023, see reg. 1

115

Reg. 7 in force at 1.12.2023, see reg. 1

116

Reg. 8 in force at 1.12.2023, see reg. 1

117

Reg. 9 in force at 1.12.2023, see reg. 1

118

Reg. 10 in force at 1.12.2023, see reg. 1

119

Reg. 11 in force at 1.12.2023, see reg. 1

120

Reg. 12 in force at 1.12.2023, see reg. 1

121

Reg. 14 in force at 1.12.2023, see reg. 1

122

Reg. 15 in force at 1.12.2023, see reg. 1

123

Reg. 16 in force at 1.12.2023, see reg. 1

124

Sch. 1 in force at 1.12.2023, see reg. 1

125

Sch. 2 in force at 1.12.2023, see reg. 1

126

Sch. 3 para. 1 in force at 1.12.2023, see reg. 1

127

Sch. 3 para. 2 in force at 1.12.2023, see reg. 1

128

Sch. 3 para. 3 in force at 1.12.2023, see reg. 1

129

Sch. 3 para. 4 in force at 1.12.2023, see reg. 1

130

Sch. 3 para. 5 in force at 1.12.2023, see reg. 1

131

Sch. 3 para. 6 in force at 1.12.2023, see reg. 1

132

Sch. 3 para. 7 in force at 1.12.2023, see reg. 1

133

Sch. 3 para. 8 in force at 1.12.2023, see reg. 1

134

Sch. 3 para. 9 in force at 1.12.2023, see reg. 1

135

Sch. 3 para. 10 in force at 1.12.2023, see reg. 1

136

Sch. 3 para. 11 in force at 1.12.2023, see reg. 1

137

Sch. 3 para. 12 in force at 1.12.2023, see reg. 1

138

Sch. 3 para. 13 in force at 1.12.2023, see reg. 1

139

Sch. 3 para. 14 in force at 1.12.2023, see reg. 1

140

Sch. 3 para. 15 in force at 1.12.2023, see reg. 1

141

Sch. 3 para. 16 in force at 1.12.2023, see reg. 1

142

Sch. 3 para. 17 in force at 1.12.2023, see reg. 1

143

Sch. 3 para. 18 in force at 1.12.2023, see reg. 1

144

Sch. 3 para. 19 in force at 1.12.2023, see reg. 1

145

Sch. 3 para. 20 in force at 1.12.2023, see reg. 1

146

Sch. 3 para. 21 in force at 1.12.2023, see reg. 1

147

Sch. 3 para. 22 in force at 1.12.2023, see reg. 1

148

Sch. 3 para. 23 in force at 1.12.2023, see reg. 1

149

Sch. 3 para. 24 in force at 1.12.2023, see reg. 1

150

Sch. 3 para. 25 in force at 1.12.2023, see reg. 1

151

Sch. 3 para. 26 in force at 1.12.2023, see reg. 1

152

Sch. 3 para. 27 in force at 1.12.2023, see reg. 1

153

Sch. 3 para. 28 in force at 1.12.2023, see reg. 1

154

Sch. 3 para. 29 in force at 1.12.2023, see reg. 1

155

Sch. 3 para. 30 in force at 1.12.2023, see reg. 1

156

Sch. 3 para. 31 in force at 1.12.2023, see reg. 1

157

Sch. 3 para. 32 in force at 1.12.2023, see reg. 1

158

Sch. 3 para. 33 in force at 1.12.2023, see reg. 1

159

Sch. 3 para. 34 in force at 1.12.2023, see reg. 1

160

Sch. 3 para. 35 in force at 1.12.2023, see reg. 1

161

Sch. 3 para. 36 in force at 1.12.2023, see reg. 1

162

Sch. 3 para. 37 in force at 1.12.2023, see reg. 1

163

Sch. 3 para. 38 in force at 1.12.2023, see reg. 1

164

Sch. 3 para. 39 in force at 1.12.2023, see reg. 1

165

Sch. 3 para. 40 in force at 1.12.2023, see reg. 1

166

Sch. 3 para. 41 in force at 1.12.2023, see reg. 1

167

Sch. 3 para. 42 in force at 1.12.2023, see reg. 1

168

Sch. 3 para. 43 in force at 1.12.2023, see reg. 1

169

Sch. 3 para. 44 in force at 1.12.2023, see reg. 1

170

Sch. 3 para. 45 in force at 1.12.2023, see reg. 1

171

Sch. 3 para. 46 in force at 1.12.2023, see reg. 1

172

Sch. 3 para. 47 in force at 1.12.2023, see reg. 1

173

Sch. 3 para. 48 in force at 1.12.2023, see reg. 1

174

Sch. 3 para. 49 in force at 1.12.2023, see reg. 1

175

Sch. 3 para. 50 in force at 1.12.2023, see reg. 1

176

Sch. 3 para. 51 in force at 1.12.2023, see reg. 1

177

Sch. 3 para. 52 in force at 1.12.2023, see reg. 1

178

Sch. 3 para. 53 in force at 1.12.2023, see reg. 1

179

Sch. 3 para. 54 in force at 1.12.2023, see reg. 1

180

Sch. 3 para. 55 in force at 1.12.2023, see reg. 1

181

Sch. 3 para. 56 in force at 1.12.2023, see reg. 1

182

Sch. 3 para. 57 in force at 1.12.2023, see reg. 1

183

Sch. 3 para. 58 in force at 1.12.2023, see reg. 1

184

Sch. 3 para. 59 in force at 1.12.2023, see reg. 1

185

Sch. 3 para. 60 in force at 1.12.2023, see reg. 1

186

Sch. 3 para. 61 in force at 1.12.2023, see reg. 1

187

Sch. 3 para. 62 in force at 1.12.2023, see reg. 1

188

Sch. 3 para. 63 in force at 1.12.2023, see reg. 1

189

Sch. 3 para. 64 in force at 1.12.2023, see reg. 1

190

Sch. 3 para. 65 in force at 1.12.2023, see reg. 1

191

Sch. 3 para. 66 in force at 1.12.2023, see reg. 1

192

Sch. 3 para. 67 in force at 1.12.2023, see reg. 1

193

Sch. 3 para. 68 in force at 1.12.2023, see reg. 1

194

Sch. 3 para. 69 in force at 1.12.2023, see reg. 1

195

Sch. 3 para. 70 in force at 1.12.2023, see reg. 1

196

Sch. 3 para. 71 in force at 1.12.2023, see reg. 1

197

Sch. 3 para. 72 in force at 1.12.2023, see reg. 1

198

Sch. 3 para. 73 in force at 1.12.2023, see reg. 1

199

Sch. 3 para. 74 in force at 1.12.2023, see reg. 1

200

Sch. 3 para. 75 in force at 1.12.2023, see reg. 1

201

Sch. 3 para. 76 in force at 1.12.2023, see reg. 1

202

Sch. 3 para. 77 in force at 1.12.2023, see reg. 1

203

Sch. 3 para. 78 in force at 1.12.2023, see reg. 1

204

Sch. 3 para. 79 in force at 1.12.2023, see reg. 1

205

Sch. 3 para. 80 in force at 1.12.2023, see reg. 1

206

Sch. 3 para. 81 in force at 1.12.2023, see reg. 1

207

Sch. 3 para. 82 in force at 1.12.2023, see reg. 1

208

Sch. 3 para. 83 in force at 1.12.2023, see reg. 1

209

Sch. 3 para. 84 in force at 1.12.2023, see reg. 1

210

Sch. 3 para. 85 in force at 1.12.2023, see reg. 1

211

Sch. 3 para. 86 in force at 1.12.2023, see reg. 1

212

Sch. 3 para. 87 in force at 1.12.2023, see reg. 1

213

Sch. 3 para. 88 in force at 1.12.2023, see reg. 1

214

Sch. 3 para. 89 in force at 1.12.2023, see reg. 1

215

Sch. 3 para. 90 in force at 1.12.2023, see reg. 1

216

Sch. 3 para. 91 in force at 1.12.2023, see reg. 1

217

Sch. 3 para. 92 in force at 1.12.2023, see reg. 1

218

Sch. 3 para. 93 in force at 1.12.2023, see reg. 1

219

Sch. 3 para. 94 in force at 1.12.2023, see reg. 1

220

Sch. 3 para. 95 in force at 1.12.2023, see reg. 1

221

Sch. 3 para. 96 in force at 1.12.2023, see reg. 1

222

Sch. 3 para. 97 in force at 1.12.2023, see reg. 1

223

Sch. 3 para. 98 in force at 1.12.2023, see reg. 1

224

Sch. 4 para. 1 in force at 1.12.2023, see reg. 1

225

Sch. 4 para. 2 in force at 1.12.2023, see reg. 1

226

Sch. 4 para. 3 in force at 1.12.2023, see reg. 1

227

Sch. 4 para. 4 in force at 1.12.2023, see reg. 1

228

Sch. 4 para. 5 in force at 1.12.2023, see reg. 1

229

Sch. 4 para. 6 in force at 1.12.2023, see reg. 1

230

Sch. 4 para. 7 in force at 1.12.2023, see reg. 1

231

Sch. 4 para. 8 in force at 1.12.2023, see reg. 1

232

Sch. 4 para. 9 in force at 1.12.2023, see reg. 1

Adaptation periods for Swiss qualified lawyers

9A

  • (1) A legal regulator must establish and maintain a register of Swiss lawyers and publish the names of those on the register.
  • (2) If a Swiss qualified lawyer chooses to complete an adaptation period under regulation 9(1A), the legal regulator—
  • (a) subject to sub-paragraph (b), must enter the name of the Swiss qualified lawyer on its register of Swiss lawyers;
  • (b) may refuse to register the Swiss qualified lawyer, or may cancel such registration, where the Swiss qualified lawyer fails to meet any conditions that apply to the UK qualified lawyers it regulates;
  • (c) must require the Swiss qualified lawyer to complete an adaptation period of—
  • (i) at least three years’ effective and regular practice of the law that the UK qualified lawyers it regulates practise; or
  • (ii) less than three years’ effective and regular practice of the law that the UK qualified lawyers it regulates practise if the Swiss qualified lawyer possesses suitable professional experience;
  • (d) must require the Swiss qualified lawyer to use the Swiss legal title during the adaptation period;
  • (e) may prevent the Swiss qualified lawyer from carrying out certain professional activities during the adaptation period; and
  • (f) must apply the same rules of professional conduct to the Swiss qualified lawyer during the adaptation period that apply to the UK qualified lawyers it regulates.
  • (3) Where a legal regulator recognises an applicant’s professional qualifications under regulation 7 (recognition of professional qualifications), the legal regulator must—
  • (a) in addition to the matters referred to in regulation 7(2), permit the Swiss qualified lawyer to use the UK legal title for which it is responsible; and
  • (b) remove the name of the Swiss qualified lawyer from its register of Swiss lawyers.
  • (4) A legal regulator must give reasons in writing for refusing to register a Swiss qualified lawyer or cancelling the registration of a Swiss qualified lawyer under paragraph (2)(b).
  • (5) A legal regulator must provide a right of appeal against its decision to refuse to register a Swiss qualified lawyer or against its decision to cancel the registration of a Swiss qualified lawyer under paragraph (2)(b).

Appeal against Law Society decision to refuse or cancel registration

9B

  • (1) A Swiss qualified lawyer may appeal to the High Court against—
  • (a) the refusal of the Law Society to enter their name on its register of Swiss lawyers;
  • (b) a decision of the Law Society to cancel their registration on its register of Swiss lawyers.
  • (2) On an appeal under paragraph (1), the High Court may make such order (including as to payment of costs) as it thinks fit.
  • (3) The decision of the High Court on an appeal under this regulation is final.

Appeal against Law Society of Scotland decision to refuse or cancel registration

9C

  • (1) A Swiss qualified lawyer may appeal to the Court of Session against—
  • (a) the refusal of the Law Society of Scotland to enter their name on its register of Swiss lawyers;
  • (b) a decision of the Law Society of Scotland to cancel their registration on its register of Swiss lawyers.
  • (2) On an appeal under paragraph (1), the Court of Session may make such order (including as to payment of costs) as it thinks fit.
  • (3) The decision of the Court of Session on an appeal under this regulation is final.

Procedure to be followed on application for recognition

Knowledge of language

Appeals

Fees

4

The Swiss Confederation.

Part 1 — The regulated professions referred to in regulation 3(2)(a)

Part 2 — The regulated professions referred to in regulation 3(2)(b)

1

Aerobatic Pilot.

2

Aeromedical Examiner.

3

Air Ground Communications Service Operator.

4

Air Traffic Controller.

5

Air Traffic Controller Assessor.

6

Air Traffic Controller Instructor.

7

Air Traffic Safety Electronics Personnel.

8

Aircraft Cabin Crew.

9

Certifying Staff (Continuing Airworthiness of Aircraft).

10

Commercial Balloon Pilot.

11

Commercial Banner Towing Pilot.

12

Commercial Pilot – Aeroplane.

13

Commercial Pilot – Airship.

14

Commercial Pilot – Helicopter.

15

Commercial Sailplane Pilot.

16

Flight Examiner.

17

Flight Information Service Officer.

18

Flight Instructor.

19

Flight Test Pilot.

20

Rescue and Firefighting Personnel.

21

Able Seafarer Deck Certificate – STCW II/5.

22

Able Seafarer Engine – STCW III/5.

23

Deck Officer, Management Level – STCW II/2.

24

Deck Officer, Operational Level – STCW II/1.

25

Electro-technical Officer (ETO) – STCW III/6.

26

Electro-tech Rating – STCW III/7.

27

Engineer Officer, Management Level – STCW III/2.

28

Engineer Officer, Operational Level – STCW III/1.

29

Engine Room Rating – STCW III/4.

30

Rating Deck – STCW II/4.

31

Dangerous Goods Driver.

32

Dangerous Goods Safety Adviser.

33

Professional driver of large vehicles.

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