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2002 No. 3051

PROFESSIONAL QUALIFICATIONS

The European Communities (Recognition of Professional Qualifications) (Amendment) Regulations 2002

  Made 11th December 2002 
  Laid before Parliament 11th December 2002 
  Coming into force 1st January 2003 

The Secretary of State, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to recognition of higher-education diplomas or formal qualifications required for the pursuit of professions or other occupations, in exercise of the powers conferred on her by that provision hereby makes the following regulations - 

Citation and commencement
     1.  - (1) These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) (Amendment) Regulations 2002.

    (2) These Regulations come into force on 1st January 2003.

Amendment of the European Communities (Recognition of Professional Qualifications) Regulations 1991
    
2. The European Communities (Recognition of Professional Qualifications) Regulations 1991[3] shall be amended as set out in the Schedule.


Melanie Johnson,
Parliamentary Under-Secretary of State, for Competition, Consumers and Markets, Department of Trade and Industry

11th December 2002



SCHEDULE
Regulation 2


AMENDMENTS TO THE EUROPEAN COMMUNITIES (RECOGNITION OF PROFESSIONAL QUALIFICATIONS) REGULATIONS 1991


     1. The European Communities (Recognition of Professional Qualifications) Regulations 1991 ("the regulations") shall be amended as follows.

     2. Wherever they occur in the regulations - 

     3. In regulation 2 (interpretation) - 

     4. In regulation 5 (right to practise in the United Kingdom) - 

     5. In regulation 6 (professional experience, adaptation periods and aptitude tests) - 

     6. In regulation 9 (evidence from competent authorities), after paragraph (5) add - 

     7. In Schedule 1 - 



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the European Communities (Recognition of Professional Qualifications) Regulations 1991 ("the 1991 Regulations"). The amendments have three purposes.

First, they give effect in the United Kingdom to those parts of Council Directive 2001/19/ EC (OJ No. L206, 31.7.2001, p. 1) which amend Council Directive 89/48/EEC (OJ No. L19, 24.1.89, p. 16) on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration. The latter directive is given effect in the UK by the 1991 Regulations.

Second, they amend the 1991 Regulations to provide for their application in relation to the European Economic Area and Switzerland, as well as in relation to the Member States of the European Union.

Finally they amend Schedule 1 to the 1991 Regulations to reflect changes in nomenclature of various professional bodies, and to add Chiropractic and Osteopathy to the list of regulated professions in Part I, and to add Chartered Mathematician to the list of regulated professions in Part II and remove the reference to Chartered Physiotherapist from that list.

A Transposition Note is available and can be obtained from the Department of Trade and Industry, Kingsgate House, London SW1E 6SW.


Notes:

[1] S.I. 1989/1327. Under section 57 of the Scotland Act 1998 (1998 c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Community law in relation to devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable by her as regards Scotland.back

[2] 1972 c. 68. By virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c. 51), regulations under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the protocol adjusting the Agreement signed at Brussels on 17th March 1993 (Cm 2183). By virtue of the European Communities (Definition of Treaties) (Agreement between the European Communities and its Member States and the Swiss Confederation on the Free Movement of Persons) Order 2000 (S. I. 2000/3269) the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons, signed at Brussels on 21st June 1999, is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.back

[3] S.I. 1991/824; Regulation 4 and Schedule 3 were amended, and Schedule 1 substituted, by the European Communities (Recognition of Professional Qualifications) (Amendment) Regulations 2000 (S.I. 2000/1960). Schedule 1 has subsequently been amended by the Health Professions Order 2001 (Consequential Amendments) Order 2002 (S.I. 2002/880) and the Nursing and Midwifery Order 2001 (Consequential Amendments) Order 2002 (S.I. 2002/881).back



ISBN 0 11 044182 6


  Prepared 18 December 2002


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