{
  "url": "https://openlegislation.uk/european-union-regulated-professions-proportionality-assessment-regulations-2020/note",
  "json_url": "https://openlegislation.uk/european-union-regulated-professions-proportionality-assessment-regulations-2020/note.json",
  "legislation": "uksi/2020/689",
  "legislation_title": "The European Union (Regulated Professions Proportionality Assessment) Regulations 2020",
  "legislation_url": "https://openlegislation.uk/european-union-regulated-professions-proportionality-assessment-regulations-2020",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations implement Directive (EU) 2018/958 of the European Parliament and of the Council of 28 June 2018 on a proportionality test before adoption of new regulation of professions (“the Directive”). The Directive requires an assessment of proportionality to be undertaken before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access to, or the pursuit of, regulated professions (“a professional regulatory provision”). These Regulations will cease to have effect on IP completion day.\nThese Regulations require the relevant authority to carry out this proportionality assessment. For primary legislation, the relevant authority is the Secretary of State or the appropriate devolved authority. For subordinate legislation, the relevant authority is the person responsible for making the subordinate legislation. For all other professional regulatory provisions, the relevant authority is the person responsible for introducing the provision.\nRegulation 3 places an obligation on the relevant authority to carry out a proportionality assessment and sets out conditions which must be met when carrying out a proportionality assessment. The relevant authority must ensure that the provision complies with regulations 4 to 6 of these Regulations.\nRegulation 4 requires a professional regulatory provision to be non-discriminatory in respect of EU citizens on the basis of nationality or residence.\nRegulation 5 requires a professional regulatory provision to be justified by public interest objectives. It sets out when a provision will be justified by public interest objectives and gives examples of reasons which could constitute overriding reasons in the public interest.\nRegulation 6 sets out the principle of proportionality and sets out considerations which must be taken into account when assessing the proportionality of a professional regulatory provision.\nRegulation 7 requires relevant authorities to also ensure compliance with the principle of proportionality when imposing specific requirements for the temporary and occasional provision of services.\nRegulation 8 requires relevant authorities to take into account the objective of ensuring a high level of human health protection when a provision relates to regulation of healthcare professions which have patient safety implications.\nRegulation 9 requires the relevant authority to make information publicly available about a proposed professional regulatory provision and to consult relevant stakeholders.\nRegulation 10 requires the relevant authority to send a copy of the professional regulatory provision and the completed proportionality assessment to the Secretary of State and the European Commission.\nRegulation 11 requires the relevant authority to monitor the proportionality of a professional regulatory provision.\nAn impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum and a transposition note are available alongside the instrument on the www.legislation.gov.uk website. Copies have also been placed in the Libraries of both Houses of Parliament.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2020/689/note",
    "retrieved_at": "2026-10-28T22:28:34.296413+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}