Date Legislation considered: 26 January 2024
Date Legislation in Force: 1 December 2023
Relevant Withdrawal Agreement/EEA EFTA Separation Agreement Right(s): Recognition of Professional Qualifications/Discrimination/Equal Treatment
What does the legislation do?
Most of the sections in these Regulations implement (in relation to Wales) provisions relating to the recognition of professional qualifications contained in the free trade agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland signed on 8th July 2021. These provisions do not relate to the EEA EFTA Separation Agreement or the EU Withdrawal Agreement.
Regulation 4 makes provision which relate to those Agreements, specifically around the continued recognition of professional qualifications already recognised or in the process of being recognised at 11pm on 31 December 2020.
Section 5(1) of the Professional Qualifications Act 2022 revoked the European Union (Recognition of Professional Qualifications) Regulations (“2015 Regulations”). The IMA reviewed the Act in 2022. Our reports can be found here.
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.
The Professional Qualifications Act 2022 (Commencement No. 3 and Savings and Transitional Provisions) Regulations 2023 contained saving and transitional provisions which protect the position of citizens who have already obtained recognition or who have made applications for recognition between 31 December 2020 and 1 December 2023. Our report in respect of these Regulations can be found here.
The amendments contained in Schedule 4 of these Regulations make further provision to sectoral legislation to confirm the continued protection of those in the teaching profession, youth workers, youth support workers and work-based learning practitioners who have already obtained recognition or who have made applications for recognition between 31 December 2020 and 1 December 2023. Amendments are also made in relation to the transport profession to reflect the revocation of the 2015 Regulations.
Comments
The IMA raises no issue of concern, however, any citizen experiencing difficulties in exercising their rights are 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.