The European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002

Competent Authority

8.—(1) For the purposes of these Regulations, the expression “competent authority” means—

(a)in relation to—

(i)any document (including any evidence of education and training or any set of such evidence), statement, attestation or notification,

(ii)subject to sub-paragraph (b), any function of deciding, recognising, monitoring or approving,

the authority, body or person in the relevant State in question authorised to issue, make, award or give such document, statement, attestation or notification or invested with such function under the laws, regulations or administrative provisions of that State; and

(b)in relation to any profession which is regulated in a relevant State, the person, body or authority in that relevant State invested by any enactment, rule of law, charter, by-law or other rule (however described) governing the conduct of the profession or activity, with the function—

(i)of authorising the practice of the profession in that State, or

(ii)if no person, body or authority has that function in the case in question, of conferring membership of the professional association for the professional field concerned or the right to the use of certain professional titles or designatory letters or other benefits of such membership.

(2) For the purposes of paragraph (1), if in a relevant State a profession is regulated by different persons, bodies or authorities for different parts of the relevant State, the competent authority for that relevant State shall be the person, body or authority which has the function in question for the part of the relevant State in respect of which the identity of the competent authority falls to be determined.