The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

Refusal to recognise professional qualifications U.K.

8.—(1) A regulator may refuse to recognise an applicant’s professional qualifications if—

(a) those professional qualifications are not comparable to the professional qualifications required to access and pursue the same profession in the United Kingdom or that part of the United Kingdom for which the profession is regulated;

(b) one or more of Conditions 1, 2, 3 or 4 is met; or

(c) the applicant fails to meet any requirement imposed in accordance with regulation 11 (knowledge of language).

(2) Condition 1 is met where—

(a) there exists a substantial difference between the applicant’s professional qualifications and the essential knowledge or skills required to practise the regulated profession; and

(b) the applicant fails to pass, or refuses to take, an aptitude test or fails, or refuses to complete, an adaptation period or to undertake both imposed in accordance with regulation 9 (aptitude tests and adaptation periods).

(3) Condition 2 is met where—

(a) the regulated profession comprises one or more professional activities that cover substantially different matters from those covered by the applicant’s professional qualifications; and

(b) the applicant fails to pass, or refuses to take, an aptitude test or fails, or refuses to complete, an adaptation period or to undertake both imposed in accordance with regulation 9 (aptitude tests and adaptation periods).

(4) Condition 3 is met where requiring the applicant to take an aptitude test, to complete an adaptation period or to undertake both in accordance with regulation 9 (aptitude tests and adaptation periods) would amount to requiring the applicant to acquire the professional qualifications required to practise the regulated profession.

(5) Condition 4 is met where access to and pursuit of a regulated profession by a person whose professional qualifications were obtained in the United Kingdom is subject to conditions other than the possession of specific professional qualifications and the applicant fails to meet those conditions.

Commencement Information

I1 Reg. 8 in force at 1.12.2023, see reg. 1