Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 1999.

(2) These Regulations shall come into force on 12th February 1999.

(3) In these regulations, references to the "principal Regulations" are references to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996(3).

Amendment of principal Regulations

2.-(1) The principal Regulations are amended in accordance with paragraphs (2) to (7) below.

(2) In Regulation 25,

(a)after paragraph (2) there is inserted the following:

"(2A) A migrant who has a right of appeal under this regulation and, in respect of the same issue, a right of appeal under any law, regulation or administrative provision or, as the case may be, rules governing a profession or professional association may not exercise the two rights separately but may take advantage of whichever right of appeal is, in any respect, the more favourable to him.";

(b)in paragraph (4), after "sheriff courts," there is inserted the following:

• "but subject always to paragraph (4B), below,"; and

(c)after paragraph (4) there is inserted the following:

"(4B) In the case of a migrant exercising the composite right described in paragraph (2A) above, the rules of procedure governing the hearing and determination of the appeal shall apply subject to any modification necessary to give effect to the more favourable provision.".

(3) The list set out in Schedule 1 to these regulations is substituted for the list set out in Part III of Schedule 1 to the principal Regulations.

(4) The lists set out in Parts I and II of Schedule 2 to these regulations are substituted for the lists set out in Parts I and II, respectively, of Schedule 2 to the principal Regulations.

(5) The list set out in Schedule 3 to these regulations is substituted for the list set out in Schedule 3 to the principal Regulations.

(6) In the list of training in Part II of Schedule 5 to the principal Regulations, which lists certain United Kingdom courses accredited as National Vocational Qualifications or Scottish Vocational Qualifications, after the entry for "engineer officer-�freight/passenger ships-�unlimited trading area" there shall be added, on a new line "-�trade mark agent".

(7) The list set out in Schedule 4 to these regulations is substituted for the list set out in Schedule 7 to the principal Regulations.

Regulation 2(3)

SCHEDULE 1List substituted for the list set out in Part III of Schedule 1 to the principal Regulations

"INSTRUMENTS PURSUANT TO WHICH THE TAKING UP AND PURSUIT OF PROFESSIONS IS REGULATED IN THE UNITED KINGDOM

Regulation 2(4)

SCHEDULE 2Lists substituted for the lists set out in Parts I and II, respectively, of Schedule 2 to the principal Regulations

"PART IPROFESSIONS REGULATED BY LAW OR PUBLIC AUTHORITY

PART IIPROFESSIONS REGULATED BY PROFESSIONAL ASSOCIATIONS

Regulation 2(5)

SCHEDULE 3List substituted for the list set out in Schedule 3 to the principal Regulations

"APPEAL BODIES

Regulation 2(7)

SCHEDULE 4List substituted for the list set out in Schedule 7 to 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

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:

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:

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:

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:

No professions are removed from the principal Regulations by these regulations.