Explanatory note
(This note is not part of the Regulations)
These Regulations amend the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996 (S.I. 1996/2374, “the principal Regulations”).
New provision is made in Regulation 25 of the principal regulations for reconciling the right of appeal of a migrant given by that regulation with any right of appeal afforded by any law, regulation or administrative provision or, as the case may be, rules governing a profession or professional association.
The remaining amendments take the form of the substitution of the lists in Schedules 1 to 5 for those in Part III of Schedule 1, Schedule 2, Schedule 3 and Schedule 7, respectively, of the principal Regulations and the addition of “trade mark agent” to the list of training in Part II of Schedule 5. The effect of the new lists is as follows.
Part III of Schedule 1 to the principal Regulations, which lists for the purpose of Regulation 2(2)(c) of the principal Regulations (disapplication of Parts II to V) instruments pursuant to which the taking up and pursuit of professions is regulated in the United Kingdom, contains the following new entries:
Part I of Schedule 2 to the principal Regulations, which lists for the purpose of Regulation 4 of the principal Regulations professions which are regulated by law or public authority, contains the following new entries:
| Profession | Designated Authority |
|---|---|
| Qualified Conveyancer (Scotland) | The Scottish Conveyancing and Executry Services Board |
| Executry Practitioner | The Scottish Conveyancing and Executry Services Board |
| Registered Gas Installer | The Council for Registered Gas Installers |
| Insolvency Practitioner | Secretary of State, The Insolvency Practitioners Association Limited, The Association of Chartered Certified Accountants, The Institute of Chartered Accountants in England and Wales, The Institute of Chartered Accountants in Ireland, The Institute of Chartered Accountants in Scotland, The Law Society, The Law Society of Northern Ireland, The Law Society of Scotland |
| Nurse admitted to any of the following parts of the register– Part 2–Second level nurse trained in general nursing (England and Wales); Part 4–Second level nurse trained in the nursing of persons suffering from mental illness (England and Wales); Part 6–Second level nurse trained in the nursing of persons suffering from learning disabilities (England and Wales); Part 7–Second level nurse (Scotland and Northern Ireland) | United Kingdom Central Council for Nursing, Midwifery and Health Visiting |
| Certified Technically Competent Person | Waste Management Industry Training and Advisory Board |
| Registered Trade Mark Agent | The Institute of Trade Mark Agents |
| Listed Veterinary Nurse | The Royal College of Veterinary Surgeons |
Part II of Schedule 2 to the principal Regulations, which lists for the purpose of Regulation 4 of the principal Regulations professions which are regulated by professional associations, contains the following new entries:
| Professional title | Designatory letters | Designated Authority |
|---|---|---|
| Associate of the Chartered Institute of Arbitrators | A.C.I.Arb | Chartered Institute of Arbitrators |
| Associate Member of The Chartered Institute of Marketing | ACIM | The Chartered Institute of Marketing |
| Licentiate of The Chartered Institute of Marketing | The Chartered Institute of Marketing | |
| Licentiate of The Society of Dyers and Colourists | LSDC | The Society of Dyers and Colourists |
Schedule 3 to the principal Regulations, which lists for the purpose of Regulation 3(1) of the principal Regulations certain bodies, courts or persons which are the appeal bodies for the professions listed there, contains the following new entries:
| Profession | Appeal Body |
|---|---|
| Qualified Conveyancer (Scotland) | Court of Session |
| Executry Practitioner | Court of Session |
| Registered Trade Mark Agent | The Comptroller-General of Patents, Designs and Trade Marks |
Schedule 7 to the principal Regulations, which lists for the purpose of Regulation 16(3) of the principal Regulations professions in respect of which the right of the migrant to choose between an adaptation period and an aptitude test is displaced, contains the following new entries:
| Profession | Requirement |
|---|---|
| Qualified Conveyancer (Scotland) | Adaptation Period |
| Executry Practitioner | Adaptation Period |
| Insolvency Practitioner | Aptitude test |
| Registered Trade Mark Agent | Aptitude test |
No professions are removed from the principal Regulations by these regulations.