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The Architects (Recognition of European Qualifications etc and Saving and Transitional Provision) Regulations 2008

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Interpretation

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22.—(1) In section 25(1)(1) (interpretation)—

(a)for the definition of “competent authority”, substitute—

““competent authority” means any authority or body designated by a relevant European State for the purposes of the Directive as competent to—

(a)

issue, or receive, evidence of qualifications or other information or documents, or

(b)

receive applications, and take the decisions, referred to in the Directive,

in connection with the profession of architect;;”;

(b)for the definition of “the Directive”, substitute—

““the Directive” means Council Directive 2005/36/EC on the recognition of professional qualifications, and—

(a)

any reference to the Directive includes (without prejudice to the operation of section 20A of the Interpretation Act 1978) a reference to the Directive as extended by the EEA Agreement (see the amendments made to that Agreement by Decision of the EEA Joint Committee No. 142/2007 on 26th October 2007), and

(b)

any reference to an Annex to the Directive is, except where the reference to the Directive is to the Directive as extended by the EEA Agreement, a reference to the Annex as amended from time to time;

“Directive-rights national” means—

(a)

a national of a relevant European State other than the United Kingdom,

(b)

a national of the United Kingdom who is seeking access to, or is pursuing, the profession of architect by virtue of an enforceable Community right, or

(c)

a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community right, entitled to be treated, for the purposes of access to and pursuit of the profession of architect, no less favourably than a national of a relevant European State,

but does not include a person who, by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession, is not to benefit from Community provisions relating to the free movement of persons and services;(2);”(2);

(c)for the definition of “disqualifying decision in another EEA State” substitute—

““disqualifying decision”, in relation to any person, means a decision which—

(a)

is made by a competent authority of a relevant European State other than the United Kingdom, and

(b)

has the effect in that State that the person is no longer lawfully established as an architect there or that the person is prohibited (even temporarily) from practising as an architect there;”;

(d)omit the definitions of “EEA State”, “list of visiting EEA architects” and “national”;

(e)after the definition of “the Registrar” insert—

““relevant European State” means an EEA State;” and

(f)omit the word “and” at the end of the definition of “suspension order”, and after that definition insert—

““third country” means a country other than a relevant European State; and”.

(2) Omit section 25(2)(3).

(1)

Section 25(1) was amended by S.I. 2002/2842.

(2)

Interpretation Act 1978, c. 30. Section 20A was inserted by section 25(1) of the Legislative and Regulatory Reform Act 2006 (c. 51).

(3)

Section 25(2) was inserted by S.I. 2002/2842.

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