Professional Qualifications Bill [HL] (HL Bill 36)

Recognition of overseas qualifications

1 Power to provide for individuals to be treated as having UK qualifications

(1)The appropriate national authority may by regulations make provision for
individuals who meet the condition in subsection (2) or (3) and any other
5specified condition to be treated, for the purpose of determining whether they
are entitled to practise a specified regulated profession in the United Kingdom
or a part of it, as if they have a specified UK qualification or specified UK
experience.

(2)An individual meets the condition in this subsection if—

(a)10the individual has overseas qualifications or overseas experience, and

(b)a specified regulator of the specified regulated profession has made a
determination that the individual has substantially the same
knowledge and skills, to substantially the same standard, as are
demonstrated by the specified UK qualification or the specified UK
15experience.

(3)An individual meets the condition in this subsection if—

(a)the individual has overseas qualifications or overseas experience,

(b)a specified regulator of the specified regulated profession has made a
determination—

(i)20that the individual does not have substantially the same
knowledge and skills, to substantially the same standard, as are

demonstrated by the specified UK qualification or the specified
UK experience, and

(ii)that the deficiency mentioned in sub-paragraph (i) could be
made up by the individual obtaining such further qualifications
5or experience or meeting such further condition as is set out in
the determination, and

(c)the individual has obtained the further qualifications or experience or
has met the condition (whether before or after the making of the
determination mentioned in (b)).

(4)10Regulations under this section may include provision for, and in connection
with, the making by an individual of an application for a determination
mentioned in subsection (2) or (3).

(5)The provision that may be made by virtue of subsection (4) includes—

(a)provision as to the form and manner of an application;

(b)15provision for an application to be combined with an application under
other legislation;

(c)provision as to the information to be included in an application;

(d)provision as to the documents to accompany an application;

(e)provision for fees to be paid in connection with an application;

(f)20provision requiring a specified regulator to have regard to guidance
issued from time to time by a specified person when determining an
application;

(g)provision as to the other duties of a specified regulator in connection
with an application;

(h)25provision as to the powers of a specified regulator in connection with
an application;

(i)provision as to appeals against the determination of an application.

(6)A UK qualification or UK experience may be specified by reference to—

(a)its having been accredited or otherwise approved in a specified
30manner;

(b)its having been issued by a body or obtained at an institution accredited
or otherwise approved in a specified manner.

2 Power conferred by section 1 exercisable only if necessary to meet demand

(1)Regulations under section 1 may not be made in respect of a regulated
35profession unless the appropriate national authority is satisfied that the
condition in subsection (2) is met.

(2)The condition is that it is necessary to make the regulations for the purpose of
enabling the demand for the services of the profession in the United Kingdom,
or in the part of it to which the regulations relate, to be met without
40unreasonable delays or charges.

(3)This section does not apply to regulations under section 1 in so far as they—

(a)modify earlier regulations under that section without adding to the
professions, or the parts of the United Kingdom, to which the earlier
regulations relate, or

(b)45make provision authorised by section 13(1)(c).

3 Implementation of international recognition agreements

(1)The appropriate national authority may by regulations make such provision as
the authority considers appropriate for the purpose of, or in connection with,
implementing any international recognition agreement to which the United
5Kingdom is a party.

(2)The provision that may be made by regulations under this section includes—

(a)provision conferring functions on any person, including a discretion
but not including a power to make subordinate legislation;

(b)provision for the sharing of information;

(c)10provision for the charging of fees.

(3)Regulations under this section may not impose a duty requiring, or confer a
power authorising, the disclosure of information where the disclosure would
(taking the duty or power into account) contravene the data protection
legislation.

(4)15An “international recognition agreement” means so much of any international
agreement as provides for, or relates to, the recognition of overseas
qualifications or overseas experience for the purpose of determining whether
individuals are entitled to practise a regulated profession in the United
Kingdom or a part of it.

(5)20The reference in this section to an international recognition agreement to which
the United Kingdom is a party includes a reference to such an agreement as
modified or supplemented from time to time in accordance with any provision
of it.

4 Authorisation to enter into regulator recognition agreements

(1)25The appropriate national authority may by regulations make such provision as
the authority considers appropriate for the purpose of, or in connection with,
authorising a regulator of a regulated profession to enter into regulator
recognition agreements.

(2)A “regulator recognition agreement” means an agreement that—

(a)30is between—

(i)a regulator of a regulated profession, and

(ii)an overseas regulator of a corresponding profession practised
in a country or territory outside the United Kingdom, and

(b)provides for, or relates to, either or both of the following matters—

(i)35the recognition of UK qualifications or UK experience for the
purpose of determining whether individuals are entitled to
practise the corresponding profession in that country or
territory, and

(ii)the recognition of qualifications or experience obtained in that
40country or territory for the purpose of determining whether
individuals are entitled to practise the regulated profession in
the United Kingdom or a part of it.

(3)For the purposes of subsection (2)—

(a)qualifications are obtained in the country or territory mentioned in that
45subsection if they are issued by a body that is based in that country or
territory, and

(b)experience is obtained in the country or territory mentioned in that
subsection if it is obtained mainly in that country or territory.

(4)In subsection (2)—

• “corresponding profession” means a profession that ordinarily consists of
  5activity that is the same as, or substantially corresponds to, activity that
  ordinarily comprises the practice of the regulated profession
  mentioned in that subsection;

• “overseas regulator”, in relation to the corresponding profession
  mentioned in that subsection, means a person exercising functions that
  10relate to the regulation of the profession in the country or territory
  mentioned in that subsection.

5 Revocation of general EU system of recognition of overseas qualifications

(1)The European Union (Recognition of Professional Qualifications) Regulations
2015 (S.I. 2015/2059) are revoked.

(2)15The appropriate national authority may by regulations make such
modifications of legislation as the appropriate national authority considers to
be appropriate in consequence of subsection (1).

6 Revocation of other retained EU recognition law

(1)The appropriate national authority may by regulations modify any retained
20EU recognition law so as to cause it to cease to have effect to any extent.

(2)“Retained EU recognition law” means retained EU law that provides for, or
relates to, the recognition of overseas qualifications or overseas experience for
the purpose of determining whether individuals are entitled to practise a
regulated profession in the United Kingdom or a part of it.

25Assistance and information

7 Assistance centre

(1)The Secretary of State must make arrangements for another person (“the
assistance centre”) to—

(a)provide advice and assistance relating to the entry requirements for
30regulated professions to—

(i)individuals seeking to practise a regulated profession in the
United Kingdom or a part of it, and

(ii)such other persons as the Secretary of State considers
appropriate,

(b)35provide advice and assistance relating to the entry requirements for
overseas professions to—

(i)individuals with UK qualifications or UK experience seeking to
practise an overseas profession in a country or territory outside
the United Kingdom, and

(ii)40such other persons as the Secretary of State considers
appropriate, and

(c)publish advice and information relating to—

(i)the entry requirements for regulated professions, and

(ii)the entry requirements for overseas professions.

(2)A regulator of a regulated profession must provide to the assistance centre any
information that—

(a)is held by the regulator of the regulated profession, and

(b)5is requested by the assistance centre for the purposes of enabling it to
discharge its functions under the arrangements.

(3)The assistance centre must provide to the Secretary of State any information
relating to the discharge of its functions under the arrangements that—

(a)is held by the assistance centre, and

(b)10is requested by the Secretary of State.

(4)A disclosure of information required under this section does not breach—

(a)any obligation of confidence owed by the person making the
disclosure, or

(b)any other restriction on the disclosure of information (however
15imposed).

(5)Nothing in this section requires the making of a disclosure which contravenes
the data protection legislation (save that the duties imposed by this section are
to be taken into account in determining whether any disclosure contravenes
that legislation).

(6)20In this section—

• “the entry requirements” means—

  (a)

  in relation to a regulated profession, the requirements as to
  qualifications, experience or otherwise that must be met by an
  individual to become entitled to practise the profession in the
  25United Kingdom or a part of it;

  (b)

  in relation to an overseas profession, the requirements as to
  qualifications, experience or otherwise that must be met by an
  individual to become entitled to practise the profession in the
  country or territory concerned;

• 30“overseas profession” means a profession practised in a country or
  territory outside the United Kingdom.

8 Duty of regulator to publish information on requirements to practise

(1)A regulator of a regulated profession must—

(a)publish the information mentioned in subsection (2) on a website that—

(i)35is maintained by the regulator,

(ii)is publicly accessible, and

(iii)is easy to use, and

(b)keep that information up to date.

(2)The information is—

(a)40information as to the qualifications or experience an individual must
obtain to become entitled to practise the profession (disregarding any
exception to the need to obtain those qualifications or that experience);

(b)information as to any application process by which an individual who
has not obtained the qualifications or experience mentioned in
45paragraph (a) may seek to become entitled to practise the profession in
reliance on overseas qualifications or overseas experience;

(c)information as to any application process to which section 26 of the
United Kingdom Internal Market Act 2020 applies by which an
individual who has not obtained the qualifications or experience
mentioned in paragraph (a) may seek to become entitled to practise the
5profession in reliance on UK qualifications or UK experience;

(d)in a case where there is an application process of a sort mentioned in
paragraph (b) or (c), information as to—

(i)the number of individuals who have sought to become entitled
to practise the profession by means of the process;

(ii)10the number of individuals who have become entitled to practise
the profession by means of the process; and

(iii)the qualifications or experience held by individuals who have
become entitled to practise the profession by means of the
process;

(e)15information as to any requirement for an individual to be registered,
licensed or similarly authorised in order to become entitled to practise
the profession;

(f)information as to any other requirement that must be met by an
individual to become entitled to practise the profession;

(g)20information as to any requirement as to training, learning or otherwise
that must be met by an individual to continue to be entitled to practise
the profession;

(h)information as to how any requirement mentioned in paragraph (g)
may be met (such as information as to the institutions from which any
25training or learning may be obtained);

(i)information as to any fees payable to the regulator by individuals
seeking to become or to continue to be entitled to practise the
profession (such as fees payable on making an application to be
registered to practise the profession); and

(j)30such other information relating to the regulation of the profession as
may be specified by the appropriate national authority.

(3)Where—

(a)there is no application process of a sort mentioned in subsection (2)(b),

(b)there is no application process of a sort mentioned in subsection (2)(c),

(c)35there is no requirement of a sort mentioned in subsection (2)(e),

(d)there is no requirement of a sort mentioned in subsection (2)(f),

(e)there is no requirement of a sort mentioned in subsection (2)(g), or

(f)there are no fees of a sort mentioned in subsection (2)(i),

the regulator mentioned in subsection (1) must publish a statement that this is
40the case on the website mentioned in that subsection.

(4)Where the regulator mentioned in subsection (1) is not the only regulator of the
regulated profession—

(a)that regulator must publish on the website mentioned in subsection (1)
a statement that identifies the other regulator,

(b)45the reference in subsection (2)(i) to that regulator is to be read as
including a reference to the other regulator,

(c)anything done by that regulator is to be taken for the purposes of this
section to have also been done by the other regulator, and

(d)the website mentioned in subsection (1) is to be taken for the purposes
50of this section to also be maintained by the other regulator.

(5)Where the regulatory functions of the regulator mentioned in subsection (1) are
exercisable throughout the United Kingdom, the references in subsection (2) to
becoming or continuing to be entitled to practise the regulated profession are
to be read as references to becoming or continuing to be entitled to practise the
5regulated profession in the United Kingdom.

(6)Where the regulatory functions of the regulator mentioned in subsection (1) are
exercisable only in a part of the United Kingdom—

(a)the references in subsection (2) to becoming or continuing to be entitled
to practise the regulated profession are to be read as references to
10becoming or continuing to be entitled to practise the regulated
profession in that part of the United Kingdom, and

(b)the reference in subsection (4) to a case where that regulator is not the
only regulator of the regulated profession is to be read as a reference to
a case where that regulator is not the only regulator of the regulated
15profession with regulatory functions exercisable in that part of the
United Kingdom.

(7)In this section “regulatory functions” means functions under legislation that
relate to the regulation of the regulated profession mentioned in subsection (1).

9 Duty of regulator to provide information to regulator in another part of UK

(1)20This section applies where—

(a)an individual is, or has been, entitled to practise a regulated profession
in a part of the United Kingdom, and

(b)the individual is seeking to practise a corresponding regulated
profession in another part of the United Kingdom.

(2)25A regulator of the regulated profession mentioned in subsection (1)(a) (“the
first regulator”) must provide to a regulator of the corresponding regulated
profession mentioned in subsection (1)(b) (“the second regulator”) any
information—

(a)that is held by the first regulator,

(b)30that relates to the individual,

(c)that—

(i)is requested by the second regulator, or

(ii)is requested by the individual to be provided to the second
regulator, and

(d)35that is required by the second regulator for the purpose of determining
any question relating to the entitlement of the individual to practise the
corresponding regulated profession in the part of the United Kingdom
mentioned in subsection (1)(b).

(3)A disclosure of information under this section does not breach—

(a)40any obligation of confidence owed by the first regulator, or

(b)any other restriction on the disclosure of information (however
imposed).

(4)Nothing in this section requires the making of a disclosure which contravenes
the data protection legislation (save that the duty imposed by this section is to
45be taken into account in determining whether any disclosure contravenes that
legislation).

(5)In this section, “corresponding regulated profession” means a regulated
profession that ordinarily consists of activity that is the same as, or
substantially corresponds to, activity that ordinarily comprises the practice of
the regulated profession mentioned in subsection (1)(a).

10 5Duty of regulator to provide information to overseas regulator

(1)This section applies where—

(a)an individual is, or has been, entitled to practise a regulated profession
in the United Kingdom or a part of the United Kingdom, and

(b)the individual is seeking to practise a corresponding profession in a
10country or territory outside the United Kingdom.

(2)A regulator of the regulated profession must provide to an overseas regulator
of the corresponding profession any information—

(a)that is held by the regulator of the regulated profession,

(b)that relates to the individual,

(c)15that—

(i)is requested by the overseas regulator, or

(ii)is requested by the individual to be provided to the overseas
regulator, and

(d)is required by the overseas regulator for the purpose of determining
20any question relating to the entitlement of the individual to practise the
corresponding profession in the country or territory mentioned in
subsection (1)(b).

(3)But the duty imposed by subsection (2) does not apply by reason of a request
by the overseas regulator unless it is made with the permission of the
25individual.

(4)The appropriate national authority may by regulations make such provision as
the authority considers appropriate in connection with the duty imposed by
subsection (2) (including provision limiting the duty).

(5)The regulations may in particular provide that—

(a)30the duty applies only in relation to information of a specified
description;

(b)the duty applies only if the request by the overseas regulator or the
individual is made in a specified manner;

(c)the duty applies by reason of a request by the overseas regulator only
35if the request is accompanied by specified evidence that it is made with
the permission of the individual;

(d)the duty applies only on the payment of a specified fee, or a fee
determined in a specified manner, to the regulator of the regulated
profession;

(e)40the duty is to be complied with within a specified period.

(6)A disclosure of information under this section does not breach—

(a)any obligation of confidence owed by the regulator of the regulated
profession, or

(b)any other restriction on the disclosure of information (however
45imposed).

(7)Nothing in this section requires the making of a disclosure which contravenes
the data protection legislation (save that the duty imposed by this section is to
be taken into account in determining whether any disclosure contravenes that
legislation).

(8)5In this section—

• “corresponding profession” means a profession that ordinarily consists of
  activity that is the same as, or substantially corresponds to, activity that
  ordinarily comprises the practice of the regulated profession
  mentioned in subsection (1)(a);

• 10“overseas regulator”, in relation to a corresponding profession, means any
  person having functions under the law of a country or territory outside
  the United Kingdom that relate to the regulation of the corresponding
  profession in that country or territory.

Architects

11 15Amendments to the Architects Act 1997

(1)The Architects Act 1997 is amended as follows.

(2)In section 2 (the Registrar), after subsection (3) insert—

“(3ZA)The Registrar may delegate any of those functions to a member of the
staff of the Board who is nominated by the Board for the purpose of this
20subsection.”

(3)In section 3 (the Register), after subsection (4) insert—

“(4A)The Board may exclude the whole or any part of the regular business
address of a registered person from the published version of the
Register if—

(a)25the registered person has applied in the prescribed manner
requesting the address or part of it to be excluded from the
published version, and

(b)the Board is satisfied that the address is also a residential
address of the registered person.”

(4)30In section 4 (registration: general)—

(a)after subsection (1) insert—

“(1A)But the Board may by rules provide that a person who satisfies
subsection (1)(a) by reason of holding overseas qualifications or
gaining overseas practical experience is entitled to be registered
35only if the person has undertaken such training, passed such
test or met such other condition as is prescribed.”,”

(b)in subsection (3)—

(i)in the words before paragraph (a) omit “prescribing”,

(ii)in paragraph (a) at the beginning insert “prescribing”,

(iii)40after paragraph (a) (but before “or”) insert—

“(aa)making rules under subsection (1A);”, and”

(iv)in paragraph (b) at the beginning insert “prescribing”, and

(c)after subsection (7) insert—

“(8)In this section—