The European Union (Recognition of Professional Qualifications) Regulations 2015

PART 6U.K.Supplementary

Exchange of informationU.K.

66.—(1) Competent authorities in the United Kingdom [F1may exchange information with competent authorities of] relevant European States regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for the pursuit of activities under these Regulations.

(2) A competent authority in the [F2United Kingdom] receiving information from a competent authority of [F3a] relevant European State on disciplinary action or criminal sanctions, must—

(a)examine the veracity of the circumstances;

(b)decide on the nature and scope of the investigations which need to be carried out; and

(c)inform that authority of the conclusions which it draws from the information available to it.

(3) Competent authorities must exchange information for the purposes of this regulation in accordance with data protection [F4legislation within the meaning of section 3(9) of the Data Protection Act 2018].

Alert mechanismU.K.

F567.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AppealsU.K.

68.—(1) Within four months of the notification to the applicant of a decision of a competent authority made in relation to the applicant under [F6either regulation 6(1) or 42(2)], or thereafter with the permission of the appropriate appeal body, the applicant may appeal against that decision on a matter of law or fact (or of both) to the appropriate appeal body.

F7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) This regulation does not apply in relation to a decision of a competent authority (which falls within paragraph (1) F8...) for a particular profession where the right of appeal in relation to that decision is provided for in another enactment relating to that profession.

(4) An appropriate appeal body may, for the purpose of determining any appeal under these Regulations against the decision of a competent authority under [F9regulation 6(1) or 42(2)]—

(a)give any authorisation to practise and impose any condition which the competent authority could give or impose in relation to that profession; or

(b)remit the matter to the competent authority with such directions as the appeal body sees fit.

[F10(5) In paragraph (3), “enactment” includes—

(a)an enactment contained in subordinate legislation within the meaning given by subsection (1) of section 21 of the Interpretation Act 1978, except that the definition of that term in that subsection shall have effect as if “Act” included Northern Ireland legislation, and

(b)an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act.]

(6) In this regulation, “appropriate appeal body” means—

(a)where the profession concerned is one set out in the first column of an entry in Schedule 5, the court, tribunal or other person set out in the second column of that entry;

(b)in any other case, the county court or, in Scotland, the sheriff.

Use of academic titlesU.K.

69.—(1) Without prejudice to [F11regulation] 43, an applicant who is authorised to practise a regulated profession in the United Kingdom will have the right to use the lawful academic title (and where appropriate the abbreviation thereof) acquired by that applicant in their home State and in the language of that State.

(2) Where the applicant makes use of the possibility provided for in paragraph (1), the competent authority may require that the title shall be followed by the name and location of the establishment or examining board which awarded it.

(3) Where a competent authority decides that an academic title in paragraph (1) is liable to be confused with a title which, in the United Kingdom, requires supplementary training not acquired by the applicant, it may require the applicant to use the academic title of the home State in an appropriate form laid down by the competent authority.

Assistance centreU.K.

70.—(1) The assistance centre must—

(a)provide applicants F12... with such information as is necessary concerning the recognition of professional qualifications, such as information on the national legislation governing the regulated profession concerned and pursuit of that profession, including social legislation, F13... and, where appropriate, the rules of ethics;

[F14(b)on receipt of an enquiry, assist applicants in exercising the rights conferred on them by these Regulations, in co-operation where appropriate, with points of single contact and competent authorities in the United Kingdom.]

(2) On request from the [F15Secretary of State], the assistance centre must inform the [F15Secretary of State] of the result of the enquiries with which they are dealing within two months after receiving such a request.

Information from competent authoritiesU.K.

71.—(1) Competent authorities must provide the Secretary of State with such information (including statistical information) as the Secretary of State may require concerning applications made to those authorities by those seeking to rely on the provisions of [F16these Regulations] and the actions and decisions taken in respect of those applications.

(2) The information referred to in paragraph (1) must include detailed information on the number and types of decisions issued in accordance with these RegulationsF17....

ReviewU.K.

72.—(1) The Secretary of State must from time to time—

(a)carry out a review of the effect of these Regulations,

(b)set out the conclusions of the review in a report, and

(c)publish the report.

F18(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The report must in particular—

(a)set out the objectives to be achieved by the regulatory system established by the Regulations,

(b)assess the extent to which those objectives have been achieved, and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Consequential amendmentsU.K.

73.—(1) The European Communities (Lawyer's Practice) Regulations 2000 M1 are amended as follows.

(2) In regulation 2(1), in the definition of “Qualification Regulations”, for “the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ the European Union (Recognition of Professional Qualifications) Regulations 2015 ”.

(3) In regulation 29(1), for “regulation 26(a)” substitute “ regulation 34(a) ”.

(4) In the heading to Schedule 1, for “REGULATION 26(A)” substitute “ REGULATION 34(A) ”.

74.—(1) The Education (School Teachers' Qualifications) (England) Regulations 2003 M2 are amended as follows.

(2) In paragraph 8 of Part 1 of Schedule 2, for “the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ the European Union (Recognition of Professional Qualifications) Regulations 2015 ”.

75.—(1) The Provision of Services Regulations 2009 M3 are amended as follows.

(2) In regulation 31, in paragraph (5) omit the entry reading “regulations 11, 12, 31, 32 and 33 of the European Communities (Recognition of Professional Qualifications) Regulations 2007;” and in the appropriate place insert “ regulations 15, 16, 38, 39, 40, 44, 52, 57 and 58 of the European Union (Recognition of Professional Qualifications) Regulations 2015. ”

76.—(1) The Tribunal Procedure (First-Tier Tribunal)(General Regulatory Chamber) Rules 2009 M4 are amended as follows.

(2) In rule 1(3), in the definition of “transport case” for “and the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ , the European Communities (Recognition of Professional Qualifications) Regulations 2007 and the European Union (Recognition of Professional Qualifications) Regulations 2015 ”.

77.—(1) The Education (Induction Arrangements for School Teachers) (England) Regulations 2012 M5 are amended as follows.

(2) In paragraph 10 of Schedule 1, for “the European Communities (Recognition of Professional Qualifications) Regulations 2007” substitute “ the European Union (Recognition of Professional Qualifications) Regulations 2015 ”.

Transitional and saving provisionsU.K.

78.—F19(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) From the date of entry into force of these Regulations, any authorisation given by a competent authority to an applicant under the 2007 Regulations is to be treated as an authorisation given under these Regulations.

F20(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

RevocationU.K.

79.  Subject to regulation 78, the 2007 Regulations are revoked in their entirety.

80.  The Regulations set out in the first column of Schedule 6 are revoked to the extent expressed in the third column of that Schedule.