OpenLegislation

Regulation 34 Qualifications begun before IP completion day – extended period for recognition under Swiss citizens’ rights agreementF1I1

(1)

For the purposes of this Part, a “qualifying applicant” means an individual who—

(a)

is a national of the United Kingdom or Switzerland, or a third country national who was, immediately before IP completion day, by virtue of any enforceable EU right entitled to be treated no less favourably than a national of either State, for the purposes of access to and pursuit of a regulated profession;

(b)

wishes to access and pursue the profession of architect in the United Kingdom on a permanent basis, whether in an employed or self-employed capacity;

(c)

has obtained a relevant qualification;

(d)

if that relevant qualification was obtained in a third country, has three years’ professional experience in the profession concerned in the territory of Switzerland and certified by a competent authority in Switzerland; and

(e)

if that relevant qualification is a professional qualification obtained in an EEA State, is legally established in Switzerland, unless the individual is a Swiss national.

(2)

In paragraph (1), “relevant qualification” means —

(a)

a professional qualification obtained in an EEA State or Switzerland before IP completion day;

(b)

a professional qualification started in an EEA State or Switzerland before IP completion day but completed after IP completion day;

(c)

a third country professional qualification recognised by a competent authority in Switzerland pursuant to Article 2(2) of Directive 2005/36/EC before IP completion day;

(d)

a third country professional qualification for which an application for recognition pursuant to Article 2(2) of Directive 2005/36/EC has been submitted to a competent authority in Switzerland before IP completion day, where that application is successful after IP completion day.

(3)

In paragraph (2)—

  • “Directive 2005/36/EC” means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications as it had effect immediately before IP completion day;

  • “professional qualification” means qualification for the purposes of sections 4 (registration in Part 1 of the Register: general) or 4A (registration in Part 1 of the Register: European qualifications) of the 1997 Act.

Annotations

Textual amendments

F1

Pts. 3, 4 substituted for Pt. 3 (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), reg. 1(3), Sch. 3 para. 4

Commencement

I1

Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)