Statutory Instrument 2001 No. 200

      The European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 2001


      © Crown Copyright 2001

      Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

      The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 2001, ISBN 0 11 019160 9. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

      Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


STATUTORY INSTRUMENTS


2001 No. 200

PROFESSIONAL QUALIFICATIONS

The European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 2001

  Made 24th January 2001 
  Laid before Parliament 29th January 2001 
  Coming into force 27th February 2001 

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 the 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 2001 and shall come into force on 27th February 2001.

    (2) In these Regulations "the principal Regulations" means the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996[
3].

Amendment of principal Regulations
     2.  - (1) The principal Regulations shall be further amended in accordance with paragraphs (2) to (5) below.

    (2) In Part I of Schedule 1 at the end there shall be inserted the following - 

96/26/EC Council Directive of 29th April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations. O.J. No. L124, 23.5.1996, p. 1."


    (3) The provisions of Parts I and II of Schedule 1 shall be substituted for Parts I and II, respectively, of Schedule 2 to the principal Regulations.

    (4) The provisions of Schedule 2 shall be substituted for that part of section 1 (paramedical and childcare training courses) of Part I of Schedule 5 to the principal Regulations which specifies such courses in Austria.

    (5) The provisions of Schedule 3 shall be substituted for Part II of Schedule 5 to the principal Regulations.


Tessa Blackstone
Minister of State, Department for Education and Employment

24th January 2001



SCHEDULE 1
Regulation 2(3)


PROVISIONS SUBSTITUTED FOR PARTS I AND II, RESPECTIVELY, OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS







SCHEDULE 2
Regulation 2(4)


PROVISIONS SUBSTITUTED FOR THAT PART OF SECTION 1 (PARAMEDICAL AND CHILDCARE TRAINING COURSES) OF PART I OF SCHEDULE 5 TO THE PRINCIPAL REGULATIONS WHICH SPECIFIES SUCH COURSES IN AUSTRIA


    

    " in Austria

       -  special basic training for nurses specialising in the care of children and young people,

       -  special basic training for psychiatric nurses,

       -  contact lens optician ("Kontaktlinsenoptiker"),

       -  pedicurist ("Fusspfleger"),

       -  acoustic-aid technician ("Hörgeräteakustiker"),

       -  druggist ("Drogist"),

    which represent education and training courses of a total duration of at least fourteen years, including at least five years' training followed within a structured training framework, divided into an apprenticeship of at least three years' duration, comprising training partly received in the workplace and partly provided by a vocational training establishment, and a period of professional practice and training, culminating in a professional examination conferring the rights to exercise the profession and to train apprentices,

       -  masseur ("Masseur"),

    which represents education and training courses of a total duration of fourteen years, including five years' training within a structured training framework, comprising an apprenticeship of two years duration, a period of professional practice and training of two years' duration and a training course of one year culminating in a professional examination conferring the rights to exercise the profession and to train apprentices,

       -  kindergarten worker ("Kindergärtner/in"),

       -  child care worker ("Erzieher"),

    which represent education and training courses of a total duration of thirteen years, including five years of professional training in a specialised school, culminating in an examination."



SCHEDULE 3
Regulation 2(5)


PROVISIONS SUBSTITUTED FOR PART II OF SCHEDULE 5 TO THE PRINCIPAL REGULATIONS


    



    " PART II

    COURSES REFERABLE TO THE PRACTICE OF A PROFESSION IN THE UNITED KINGDOM

    United Kingdom courses accredited as National Vocational Qualifications or Scottish Vocational Qualifications
    Training for:

       -  mine electrical engineer,

       -  mine mechanical engineer,

       -  dental therapist,

       -  dental hygienist,

       -  dispensing optician,

       -  mine deputy,

       -  insolvency practitioner,

       -  licensed conveyancer,

       -  first mate - freight/passenger ships - unrestricted,

       -  second mate - freight/passenger ships - unrestricted,

       -  third mate - freight/passenger ships - unrestricted,

       -  deck officer - freight/passenger ships - unrestricted,

       -  engineer officer - freight/passenger ships - unlimited trading area,

       -  certified technically competent person in waste management,

    leading to qualifications accredited as National Vocational Qualifications (NVQs) or in Scotland accredited as Scottish Vocational Qualifications, at levels 3 and 4 of the United Kingdom National Framework of Vocational Qualifications.

    These levels are defined as follows:

       -  Level 3: competence in a broad range of varied work activities performed in a wide variety of contexts and most of which are complex and non-routine. There is considerable responsibility and autonomy and control or guidance of others is often required,

       -  Level 4: competence in a broad range of complex, technical or professional work activities performed in a wide variety of contexts and with a substantial degree of personal responsibility and autonomy. Responsibility for the work of others and the allocation of resources is often present.    "



EXPLANATORY NOTE

(This note is not part of the Regulations)


These regulations further amend the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996 (SI 1996/2374 as amended by SI 1999/67, "the principal Regulations") which give effect in the United Kingdom to Council Directive 92/51/EEC ("the principal Directive").

Regulations 2(4) and 2(5) with Schedules 2 and 3 give effect in the United Kingdom to Commission Directive 2000/5/EC of 25th February 2000 (O.J. No. L54, 26.2.2000 p. 42) which amends Annexes C and D to the principal Directive. Regulation 2(4) with Schedule 2 substitutes a new section in Part I of Schedule 5 to the principal Regulations relating to paramedical and childcare training courses in Austria. Regulation 2(5) with Schedule 3 substitutes a new Part II of Schedule 5 to the principal Regulations which relates to courses referable to the practice of a profession in the United Kingdom.

Regulation 2(3) substitutes a new Schedule 2 to the principal Regulations which sets out (in Part I) professions regulated in the United Kingdom by law or public authority and in Part II, professions regulated by professional associations. The changes are:

     -  in Part I, the addition of Assistant Instructor (Motor Bicycles), Department of the Environment for Northern Ireland Approved Driving Instructor, Certified Instructor (Motor Bicycles) and State Registered Paramedic and the change in the designated authority for Licensed Cab Driver (London) from the Assistant Commissioner of Police for the Metropolis to Transport for London;

     -  in Part II, the addition of Licentiate of the Institute of Mathematics and its Applications, Member of the Chartered Institute of Arbitrators and Technical Member of The Royal Institution of Chartered Surveyors.

Regulation 2(2) amends Part I of Schedule 1 to the principal Regulations; this Schedule lists directives establishing arrangements for mutual recognition of qualifications in specific professions and those professions are outside the scope of the principal Regulations.


Notes:

[1] S.I. 1989/1327.back

[2] 1972 c. 68.back

[3] S.I. 1996/2374 as amended by S.I. 1999/67.back

[4] 1988 c. 52. Relevant amendments were made by the Road Traffic (Driving Instruction by Disabled Persons) Act 1993 (c. 31).back

[5] S.R. 1991 No. 373.back



ISBN 0 11 019160 9


 

Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office


We welcome your comments on this site
© Crown copyright 2001
Prepared 2 February 2001