Date Legislation considered: 24 November 2023
Date Legislation in Force: 11 October 2023
Potential Right(s) Affected: Recognition of Professional Qualifications and Discrimination/Equal Treatment
What does the legislation do?
The purpose of these Regulations is to commence Section 5(1) of the Professional Qualifications Act 2022 (“the Act”) as from 1.12.2023.
The IMA reviewed the Act in 2022. Our report can be found here.
Section 5(1) of the Act revokes the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059) (2015 Regulations).
As set out in our 2022 report, the 2015 Regulations (as amended) provided for an interim system for the recognition of professional qualifications for EU, EEA EFTA and Swiss citizens.
From 1st December 2023, applications for recognition can no longer be made under the interim system.
There are however savings and transitional provisions in Part 1 of the Schedule to the Regulations which protect the position of citizens who have already obtained recognition under them on or after 31 December 2020, and also for those who have made applications between 31 December 2020 and 1st December 2023 who are awaiting final determination of those applications. Savings provisions also cover Swiss professionals in scope of the Citizens’ rights Agreements and Irish professionals under the Common Travel Area.
Transitional and savings provisions in respect of the period before 31 December 2020 are contained in the Recognition of Professional Qualifications (Amendment etc) (EU Exit) Regulations 2019 (2019/312).
Comments
The IMA raises no issues of concern in relation to these Regulations. As is required by the Citizen’s Rights Agreements, the Regulations together with the 2019 Regulations ensure that the interim system continues for those EU and EEA EFTA citizens who had received recognition of their qualifications on or before 11pm on 31 December 2020, or who had applied for recognition by that date.
Any citizen experiencing difficulties in exercising their rights is encouraged to report a complaint through the IMA Portal.
Further information about the IMA and guidance on how to report complaints can also be found on the Website.