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The European Union (Recognition of Professional Qualifications) Regulations 2015

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Conditions for compensation measures

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32.—(1) A competent authority may, before authorising the applicant to practise the regulated profession in the United Kingdom, require the applicant in the circumstances specified in paragraph (3) either—

(a)to complete an adaptation period of up to three years with a successful assessment, or

(b)to take and pass an aptitude test.

(2) If a competent authority intends to require the applicant to complete an adaptation period or take an aptitude test, it must first examine whether the knowledge, skills and competences acquired by the applicant in the course of the applicant’s professional experience or through lifelong learning, and formally validated to that effect in a relevant European State or in a third country is such that it fully or partly covers substantially different matters.

(3) A competent authority may require the applicant to complete successfully an adaptation period or pass an aptitude test if—

(a)the training the applicant has received covers substantially different matters than those covered by the evidence of formal qualifications required for the regulated profession in the United Kingdom; or

(b)the regulated profession in the United Kingdom—

(i)comprises one or more regulated professional activities which do not exist in the profession in the applicant’s home State; and

(ii)the specific training which is required by the regulated profession covers substantially different matters from those covered by the applicant’s attestation of competence or evidence of formal qualifications.

(4) Where a competent authority decides that an aptitude test is necessary, it must permit the applicant the opportunity of taking the test within six months of the decision imposing an aptitude test on the applicant.

(5) In this regulation, “substantially different matters” means matters of which knowledge, skills and competences acquired are essential for pursuing the profession and with regard to which the training received by the applicant shows significant differences in terms of duration or content from the training required in the United Kingdom.

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