Professional Qualifications Bill [HL] (HL Bill 36)

• “overseas practical experience” means practical experience
  obtained mainly outside the United Kingdom;

• “overseas qualification” means a qualification issued by a
  body that is based outside the United Kingdom.

(9)5For the purposes of subsection (8) a body is based—

(a)where its registered office is,

(b)if it does not have a registered office, where its head
office is, or

(c)if it does not have a registered office or a head office,
10where its principal place of operation is.”

(5)In Schedule 1 (the Board and its Committees) in paragraph 18(2)(b) (functions
which may not be discharged by a committee) after “section 4(1)” insert “,
(1A)”.

Final provisions

12 15Crown application

This Act binds the Crown.

13 Regulations: general

(1)Subject to subsections (2) to (4), any power to make regulations under this Act
includes power—

(a)20to modify legislation,

(b)to make different provision for different purposes, and

(c)to make supplementary, incidental, consequential, transitional,
transitory or saving provision.

(2)The power to make regulations under section 8 does not include power to
25modify legislation, other than earlier regulations made under that section.

(3)A power to make regulations under section 10 or section 18 does not include
power to amend, repeal or revoke legislation, other than earlier regulations
made under either of those sections.

(4)Subsection (1)(b) and (c) does not apply in relation to a power to make
30regulations under section 18.

14 Authority by whom regulations may be made

(1)In this Act “appropriate national authority” means the Secretary of State or the
Lord Chancellor, subject as follows.

(2)The Welsh Ministers are also an appropriate national authority in relation to
35regulations under this Act which contain only provision which would be
within the legislative competence of Senedd Cymru if contained in an Act of
the Senedd (ignoring any requirement for the consent of a Minister of the
Crown).

(3)The Scottish Ministers are also an appropriate national authority in relation to
40regulations under this Act which contain only provision which would be

within the legislative competence of the Scottish Parliament if contained in an
Act of that Parliament.

(4)A Northern Ireland department is also an appropriate national authority in
relation to regulations under this Act which contain only provision which, if
5contained in an Act of the Northern Ireland Assembly—

(a)would be within the legislative competence of the Assembly, and

(b)would not require the consent of the Secretary of State.

(5)The consent of a Minister of the Crown is required before any provision is
made by the Welsh Ministers in regulations under this Act so far as that
10provision, if contained in an Act of Senedd Cymru, would require the consent
of a Minister of the Crown.

(6)In this section “Minister of the Crown” has the same meaning as in the
Ministers of the Crown Act 1975.

15 Parliamentary procedure for making regulations

(1)15Regulations under this Act are subject to the affirmative resolution procedure
where they contain provision amending, repealing or revoking primary
legislation or retained direct principal EU legislation.

(2)Otherwise, regulations under this Act are subject to the negative resolution
procedure.

(3)20Any power conferred on the Secretary of State, the Lord Chancellor or the
Welsh Ministers to make regulations under this Act is exercisable by statutory
instrument.

(4)For regulations made under this Act by the Scottish Ministers, see section 27 of
the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish
25statutory instruments).

(5)Any power conferred on a Northern Ireland department to make regulations
under this Act is exercisable by statutory rule for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by
statutory instrument).

(6)30Where regulations under this Act are subject to the affirmative resolution
procedure, the regulations—

(a)if made by the Secretary of State or the Lord Chancellor, may not be
made unless a draft of the statutory instrument containing them has
been laid before, and approved by a resolution of, each House of
35Parliament;

(b)if made by the Welsh Ministers, may not be made unless a draft of the
statutory instrument containing them has been laid before, and
approved by a resolution of, Senedd Cymru;

(c)if made by the Scottish Ministers, are subject to the affirmative
40procedure (see section 29 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10));

(d)if made by a Northern Ireland department, may not be made unless a
draft of the regulations has been laid before, and approved by a
resolution of, the Northern Ireland Assembly.

(7)45Where regulations under this Act are subject to the negative resolution
procedure—

(a)if made by the Secretary of State or the Lord Chancellor, the statutory
instrument containing them is subject to annulment in pursuance of a
resolution of either House of Parliament;

(b)if made by the Welsh Ministers, the statutory instrument containing
5them is subject to annulment in pursuance of a resolution of Senedd
Cymru;

(c)if made by the Scottish Ministers, the regulations are subject to the
negative procedure (see section 28 of the Interpretation and Legislative
Reform (Scotland) Act 2010 (asp 10));

(d)10if made by a Northern Ireland department, the regulations are subject
to negative resolution within the meaning of section 41(6) of the
Interpretation Act (Northern Ireland) 1954 as if they were a statutory
instrument within the meaning of that Act.

(8)Any provision that may be made in regulations under this Act subject to the
15negative resolution procedure may be made in regulations subject to the
affirmative resolution procedure.

(9)This section does not apply to regulations under section 18.

16 Interpretation

(1)In this Act—

• 20“appropriate national authority” has the meaning given by section 14;

• “data protection legislation” has the same meaning as in the Data
  Protection Act 2018 (see section 3(9) of that Act);

• “legislation” means primary legislation, subordinate legislation and
  retained direct EU legislation;

• 25“modify” includes amend, repeal or revoke;

• “overseas experience” means experience obtained mainly outside the
  United Kingdom;

• “overseas qualification” means a qualification issued by a body that is
  based outside the United Kingdom;

• 30“part of the United Kingdom” means England, Wales, Scotland or
  Northern Ireland;

• “primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  an Order in Council made in exercise of Her Majesty’s
  35Prerogative,

  (c)

  an Act or Measure of Senedd Cymru,

  (d)

  an Act of the Scottish Parliament, or

  (e)

  Northern Ireland legislation;

• “profession” includes—

  (a)

  40an occupation or trade, and

  (b)

  any subdivision of, or distinct specialism within, a profession;

• “qualification” means any record, issued by a body whose ordinary
  activities include the issuing of such records, of having attained a
  particular standard following a course of study or training;

• 45“regulated profession” means a profession that is regulated by law in the
  United Kingdom or a part of it (see subsection (3));

• “regulator”, in relation to a regulated profession, means a person having
  functions under legislation that relate to the regulation of the

• profession in the United Kingdom or, as the case may be, in a part of it
  in which the profession is regulated by law (see subsection (3));

• “specified” means specified in regulations;

• “subordinate legislation” means an instrument made under primary
  5legislation or under retained direct EU legislation;

• “UK experience” means experience obtained mainly in the United
  Kingdom;

• “UK qualification” means a qualification issued by a body that is based in
  the United Kingdom.

(2)10In this Act, a reference to entitlement to practise a profession includes a
reference to entitlement to—

(a)undertake activities that comprise the practice of the profession,

(b)use a particular title associated with the practice of the profession, or

(c)be registered, licensed or similarly authorised, where that is required to
15undertake such activities or use such a title.

(3)For the purposes of this Act, a profession is regulated by law in the United
Kingdom, or in a part of it, if by reason of legislation—

(a)individuals are entitled to practise the profession in the United
Kingdom, or in that part of it, only if they have certain qualifications or
20experience, or

(b)individuals are entitled to practise the profession in the United
Kingdom, or in that part of it, only if—

(i)they have certain qualifications or experience, or

(ii)they meet an alternative condition or requirement.

(4)25For the purposes of this Act, a body is based—

(a)where its registered office is,

(b)if it does not have a registered office, where its head office is, or

(c)if it does not have a registered office or a head office, where its principal
place of operation is.

17 30Extent

This Act extends to England and Wales, Scotland and Northern Ireland.

18 Commencement

(1)The following provisions come into force on the day on which this Act is
passed—

(a)35sections 1 to 4;

(b)section 5(2);

(c)section 6;

(d)section 8 so far as it confers power to make regulations;

(e)section 10 so far as it confers power to make regulations;

(f)40sections 12 to 17;

(g)this section;

(h)section 19.

(2)Subsections (1), (2) and (3) of section 11 come into force at the end of the period
of 3 months beginning with the day on which this Act is passed.

(3)Section 8, so far as not already in force by virtue of subsection (1), comes into
force at the end of the period of 6 months beginning with the day on which this
Act is passed.

(4)The following provisions come into force on such day as the Secretary of State
5may by regulations appoint—

(a)section 5(1);

(b)section 7;

(c)section 9;

(d)section 10 so far as not already in force by virtue of subsection (1);

(e)10subsections (4) and (5) of section 11.

(5)Different days may be appointed for different purposes.

(6)The Secretary of State may by regulations make transitional, transitory or
saving provision in connection with the coming into force of a provision
mentioned in subsection (4).

(7)15The power to make regulations under subsection (6) includes power to make
different provision for different purposes.

(8)Regulations under this section are to be made by statutory instrument.

19 Short title

This Act may be cited as the Professional Qualifications Act 2021.