The European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 1999

Link to law: http://www.legislation.gov.uk/uksi/1999/67/made/data.htm?wrap=true
Published: 1999-01-13

Statutory Instruments
1999 No. 67

PROFESSIONAL QUALIFICATIONS
The European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 1999

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,

(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.

Signed by order of the Secretary of State.

Tessa Blackstone
Minister of State,
Department for Education and Employment
13th January 1999

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

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”

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

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

PART IIPROFESSIONS REGULATED BY PROFESSIONAL ASSOCIATIONS

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”

Regulation 2(5)

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

“APPEAL BODIES

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”

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

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”

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:


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.


(1)
S.I. 1989/1327.

(2)
1972 c. 68.

(3)
S.I. 1996/2374.

(4)
Amended by S.I. 1995/1428.

(5)
Amended by S.I. 1997/1911.

(6)
1988 c. 52. Relevant amendments were made by the Road Traffic (Driving Instruction by Disabled Persons) Act 1993 (c. 31).
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