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Statutory Instrument 1999 No. 67

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

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS


1999 No. 67


PROFESSIONAL QUALIFICATIONS

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

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 Made13th January 1999 
 Laid before Parliament15th January 1999 
 Coming into force12th 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



SCHEDULE 1
Regulation 2(3)


List 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 NumberShort 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. 1992/1675The Road Works (Qualifications of Supervisors and Operatives) (Scotland) Regulations 1992
    S.I. 1992/1687The Street Works (Qualifications of Supervisors and Operatives) Regulations 1992
    S.I. 1998/20Street Worker (Qualification of Supervisors and Operatives) Regulations (Northern Ireland) 1998"




SCHEDULE 2
Regulation 2(4)


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




    " PART I

    PROFESSIONS REGULATED BY LAW OR PUBLIC AUTHORITY

    ProfessionDesignated Authority
    Air Traffic ControllerCivil Aviation Authority
    Aircraft Maintenance EngineerCivil Aviation Authority
    Airport Fire OfficerCivil Aviation Authority
    Airport FirefighterCivil Aviation Authority
    Licensed BoatmasterSecretary of State
    Licensed Cab Driver (London)The Assistant Commissioner of Police of the Metropolis
    Licensed ConveyancerThe Council for Licensed Conveyancers
    Qualified Conveyancer (Scotland)The Scottish Conveyancing and Executry Services Board
    Dental HygienistGeneral Dental Council
    Dental TherapistGeneral Dental Council
    Dispensing OpticianGeneral Optical Council
    Registered Dispenser of Hearing AidsHearing Aid Council
    DiverHealth and Safety Executive
    Department of Transport Approved Driving InstructorThe Registrar for the purposes of Part V of the Road Traffic Act 1988[6]
    Executry PractitionerThe Scottish Conveyancing and Executry Services Board
    Registered Gas InstallerThe Council for Registered Gas Installers
    Insolvency PractitionerSecretary 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 MeasuresSecretary of State
    Licensed LightermanPort 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 PersonWaste Management Industry Training and Advisory Board
    Registered Trade Mark AgentThe Institute of Trade Mark Agents
    Licensed Trainee Driving InstructorThe Registrar for the purposes of Part V of the Road Traffic Act 1988
    Listed Veterinary NurseThe Royal College of Veterinary Surgeons
    Licensed WatermanPort of London Authority



    PART II

    PROFESSIONS REGULATED BY PROFESSIONAL ASSOCIATIONS

    Professional titleDesignatory lettersDesignated Authority
    Associate of the Chartered Institute of ArbitratorsA.C.I.ArbChartered Institute of Arbitrators
    Associate of the Chartered Institute of BuildingACIOBChartered Institute of Building
    Associate Member of The Chartered Institute of MarketingACIMThe Chartered Institute of Marketing
    Associate of the Royal Academy of DancingA.R.A.D.The Royal Academy of Dancing
    Associate of the Royal College of OrganistsARCOThe Royal College of Organists
    Choir Master(CHM)The Royal College of Organists
    Engineering TechnicianEngTechThe Engineering Council
    Fellow of the Royal College of OrganistsFRCOThe 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 DancingL.R.A.D.The Royal Academy of Dancing
    Licentiate of The Society of Dyers and ColouristsLSDCThe Society of Dyers and Colourists
    Licentiate of the Textile InstituteLTIThe Textile Institute"




SCHEDULE 3
Regulation 2(5)


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


    " APPEAL BODIES

    ProfessionAppeal Body
    Executry PractitionerCourt of Session
    Licensed Cab Driver (London)The magistrates' court
    Qualified Conveyancer (Scotland)Court of Session
    Registered Trade Mark AgentThe Comptroller-General of Patents, Designs and Trade Marks"




SCHEDULE 4
Regulation 2(7)


List 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

    ProfessionRequirement
    Licensed ConveyancerAdaptation Period
    Qualified Conveyancer (Scotland)Adaptation Period
    Executry PractitionerAdaptation Period
    Insolvency PractitionerAptitude test
    Registered Trade Mark AgentAptitude 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 NumberShort Title/Title
S.I. 1997/348The Merchant Shipping (Training and Certification) Regulations 1997
S.I. 1998/20Street 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:

ProfessionDesignated Authority
Qualified Conveyancer (Scotland)The Scottish Conveyancing and Executry Services Board
Executry PractitionerThe Scottish Conveyancing and Executry Services Board
Registered Gas InstallerThe Council for Registered Gas Installers
Insolvency PractitionerSecretary 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 PersonWaste Management Industry Training and Advisory Board
Registered Trade Mark AgentThe Institute of Trade Mark Agents
Listed Veterinary NurseThe 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 titleDesignatory lettersDesignated Authority
Associate of the Chartered Institute of ArbitratorsA.C.I.ArbChartered Institute of Arbitrators
Associate Member of The Chartered Institute of MarketingACIMThe Chartered Institute of Marketing
Licentiate of The Chartered Institute of Marketing The Chartered Institute of Marketing
Licentiate of The Society of Dyers and ColouristsLSDCThe 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:

ProfessionAppeal Body
Qualified Conveyancer (Scotland)Court of Session
Executry PractitionerCourt of Session
Registered Trade Mark AgentThe 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:

ProfessionRequirement
Qualified Conveyancer (Scotland)Adaptation Period
Executry PractitionerAdaptation Period
Insolvency PractitionerAptitude test
Registered Trade Mark AgentAptitude test

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


Notes:

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

[2] 1972 c. 68.back

[3] S.I. 1996/2374.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


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