- Statutory Instrument 1999 No. 67
The European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 1999
© Crown Copyright 1999
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| Made | 13th January 1999 | ||
| Laid before Parliament | 15th January 1999 | ||
| Coming into force | 12th February 1999 |
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 him by that section, hereby makes the following Regulations:-
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,
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(a) after paragraph (2) there is inserted the following:
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"
(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.";
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(b) in paragraph (4), after "sheriff courts," there is inserted the following:
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"
but subject always to paragraph (4B), below,"; and
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(c) after paragraph (4) there is inserted the following:
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"
(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.
Signed by order of the Secretary of State.
Tessa Blackstone
Minister of State, Department for Education and Employment.
13th January 1999
| Chapter/SI Number | Short Title/Title |
| S.I. 1984/1115[4] | The Fishing Vessels (Certification of Deck Officers and Engineers) Regulations 1984 |
| S.I. 1997/348[5] | The Merchant Shipping (Training and Certification) Regulations 1997 |
| S.I. 1992/1675 | The Road Works (Qualifications of Supervisors and Operatives) (Scotland) Regulations 1992 |
| S.I. 1992/1687 | The Street Works (Qualifications of Supervisors and Operatives) Regulations 1992 |
| S.I. 1998/20 | Street Worker (Qualification of Supervisors and Operatives) Regulations (Northern Ireland) 1998" |
| Profession | Designated Authority |
| Air Traffic Controller | Civil Aviation Authority |
| Aircraft Maintenance Engineer | Civil Aviation Authority |
| Airport Fire Officer | Civil Aviation Authority |
| Airport Firefighter | Civil Aviation Authority |
| Licensed Boatmaster | Secretary of State |
| Licensed Cab Driver (London) | The Assistant Commissioner of Police of the Metropolis |
| Licensed Conveyancer | The Council for Licensed Conveyancers |
| Qualified Conveyancer (Scotland) | The Scottish Conveyancing and Executry Services Board |
| Dental Hygienist | General Dental Council |
| Dental Therapist | General Dental Council |
| Dispensing Optician | General Optical Council |
| Registered Dispenser of Hearing Aids | Hearing Aid Council |
| Diver | Health and Safety Executive |
| Department of Transport Approved Driving Instructor | The Registrar for the purposes of Part V of the Road Traffic Act 1988[6] |
| 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 |
| Inspector of Weights and Measures | Secretary of State |
| Licensed Lighterman | Port of London Authority |
|
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 |
| Licensed Trainee Driving Instructor | The Registrar for the purposes of Part V of the Road Traffic Act 1988 |
| Listed Veterinary Nurse | The Royal College of Veterinary Surgeons |
| Licensed Waterman | Port of London Authority |
| Professional title | Designatory letters | Designated Authority |
| Associate of the Chartered Institute of Arbitrators | A.C.I.Arb | Chartered Institute of Arbitrators |
| Associate of the Chartered Institute of Building | ACIOB | Chartered Institute of Building |
| Associate Member of The Chartered Institute of Marketing | ACIM | The Chartered Institute of Marketing |
| Associate of the Royal Academy of Dancing | A.R.A.D. | The Royal Academy of Dancing |
| Associate of the Royal College of Organists | ARCO | The Royal College of Organists |
| Choir Master | (CHM) | The Royal College of Organists |
| Engineering Technician | EngTech | The Engineering Council |
| Fellow of the Royal College of Organists | FRCO | The Royal College of Organists |
| Housing Practitioner | The Chartered Institute of Housing | |
| Licentiate of The Chartered Institute of Marketing | The Chartered Institute of Marketing | |
| Licentiate of the Royal Academy of Dancing | L.R.A.D. | The Royal Academy of Dancing |
| Licentiate of The Society of Dyers and Colourists | LSDC | The Society of Dyers and Colourists |
| Licentiate of the Textile Institute | LTI | The Textile Institute" |
| Profession | Appeal Body |
| Executry Practitioner | Court of Session |
| Licensed Cab Driver (London) | The magistrates' court |
| Qualified Conveyancer (Scotland) | Court of Session |
| Registered Trade Mark Agent | The Comptroller-General of Patents, Designs and Trade Marks" |
| Profession | Requirement |
| Licensed Conveyancer | Adaptation Period |
| Qualified Conveyancer (Scotland) | Adaptation Period |
| Executry Practitioner | Adaptation Period |
| Insolvency Practitioner | Aptitude test |
| Registered Trade Mark Agent | Aptitude test" |
(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:
| Chapter/SI Number | Short Title/Title |
| S.I. 1997/348 | The Merchant Shipping (Training and Certification) Regulations 1997 |
| S.I. 1998/20 | Street Works (Qualification of Supervisors and Operatives) Regulations (Northern Ireland) 1998 |
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.
Notes:
[1] S.I. 1989/1327.back
[4] Amended by S.I. 1995/1428.back
[5] Amended by S.I. 1997/1911.back
[6] 1988 c. 52. Relevant amendments were made by the Road Traffic (Driving Instruction by Disabled Persons) Act 1993 (c. 31).back
ISBN 0 11 080383 3