Professional Qualifications Bill factsheet: To whom the Bill applies
Updated 3 November 2021
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This is one of a series of factsheets exploring themes in the Professional Qualifications (PQ) Bill.
The PQ Bill was introduced to Parliament in May 2021. It will revoke an interim system for the recognition of professional qualifications from overseas, derived from EU law, which often means preference is given to EEA and Swiss professionals. The PQ Bill enshrines the autonomy of regulators in determining whether individuals are fit to practise. Amongst other matters, it provides the ability to empower regulators to conclude recognition agreements with their overseas counterparts.
Summary
This factsheet details how the Professional Qualifications (PQ) Bill defines professions and regulators. It considers instances where there are multiple regulators for a profession, and how professions which have different regulatory provisions in different UK nations are affected by the Bill. This factsheet does not constitute guidance on how to comply with measures in the PQ Bill once enacted.
What is a regulated profession and a regulator?
Professions regulated by law provide important services in all parts of the UK, such as in the healthcare and education sectors. Regulators play a vital role in making sure individuals are qualified to practise professions and that standards are maintained.
The PQ Bill applies to professions regulated by law and their regulators. It recognises and accommodates the different regulatory approaches for different professions and parts of the UK.
The definitions of the PQ Bill are in Clause 18. The Bill defines a ‘profession’ as including an occupation or trade or any subdivision of, or distinct specialism within, a profession. Examples include a schoolteacher, solicitor, or driving instructor. The Bill defines a regulated profession as where, under legislation, there is a legal requirement to have certain qualifications or experience (or meet an alternative condition or requirement) in order to undertake certain professional activities or use a protected title, such as ‘architect’. See the list of which regulators and professions meet the definitions in the PQ Bill. This list will be maintained to reflect changes in the regulatory landscape.
A ‘qualification’ is a record of having attained a particular standard following a course of study or training. It must be issued by a body whose ordinary activities include issuing such qualifications and demonstrate that a particular standard has been attained. A qualification might, for example, be demonstrated by completion of an exam, or an assessment of competence by an assessor. ‘Experience’ refers to practical experience working in a particular professional field.
A ‘regulator’ is a person, usually an organisation, with functions under legislation relating to the regulation of a regulated profession. Regulators have a range of responsibilities in relation to the professions they regulate, including making sure individuals have the necessary qualifications and/or experience to practise the profession and taking any necessary enforcement action.
Why does the PQ Bill only apply to regulated professions and regulators?
The UK has an interim system for recognising professional qualifications gained overseas derived from EU law. This was never meant to run indefinitely, and the PQ Bill is the first step to establishing an approach that suits the needs of all of the UK. The interim system covers a wide range of professions, including professions that are otherwise only subject to voluntary regulation in the UK, such as most chartered professions.
The PQ Bill will revoke the interim system derived from EU law, giving regulators more autonomy. The PQ Bill will only cover those professions that are regulated by law in the UK, or part of the UK. This means that professions will only be subject to the PQ Bill where they are already required to observe legal requirements under existing legislation. Professions subject to only voluntary regulation will not be covered by the PQ Bill.
The PQ Bill will strengthen the UK’s ability to negotiate and deliver ambitious arrangements on the recognition of professional qualifications. Free Trade Agreements, such as that recently agreed with Iceland, Liechtenstein and Norway, often contain provisions on the recognition of professional qualifications. Clauses 3 and 4 in the PQ Bill will provide the powers to deliver such provisions. The Bill will ensure that regulators in scope of these agreements and who are regulated in law can deliver on the expectations placed on them and make use of the provisions in trade agreements.
There are also measures in the PQ Bill to empower regulators to agree arrangements with their counterparts overseas to recognise each other’s professional qualifications. If a regulator already has the powers to make such agreements, the PQ Bill does not change that.
The legal requirements that mean individuals must meet certain standards to practise professions in the UK, or part of the UK, are not affected by the PQ Bill. Those requirements are in existing sectoral legislation, and the PQ Bill only concerns the recognition of individuals with professional qualifications gained overseas, alongside targeted steps to improve information sharing and transparency.
What are the different approaches to the regulation of profession in the UK?
Across the UK, there are different approaches to the regulation of professions, to reflect the needs of professions and parts of the UK. For example, the regulation of legal and education professions reflects the needs of the justice and education systems in different parts of the UK.
The PQ Bill accommodates these differences, recognising that requirements for professional qualifications and experience can vary across the 4 nations. For example, a teaching regulator could only be required to assess individuals with professional qualifications and experience gained outside of the UK in line with the requirements for their own jurisdiction within the UK.
In some cases, there is a single regulator for a profession across the entirety of the UK. An example is the General Medical Council, which carries out the full range of regulatory responsibilities related to medical practitioners.
In some cases, there are multiple regulators for a profession across the entirety of the UK. An example is statutory audit, where several regulators have the same regulatory responsibilities, and which can provide choice for professionals.
For certain professions with multiple regulators, regulators hold different regulatory responsibilities. For example, for F-Gas handler professions there are: appropriate authorities, such as the Secretary of State for the Environment, Food and Rural Affairs, that are responsible for setting training and certification requirements and appointing certification bodies; a range of certification bodies that are responsible for assessing and certifying individuals to practise; and enforcing authorities, such as the Environment Agency, that are responsible for enforcing the regulations and applying penalties, where appropriate.
The PQ Bill will not apply to professions that are regulated on a voluntary basis and associated regulators. Examples of professions subject to voluntary regulation are many chartered professions, such as ‘Chartered Accountant’.
What does it mean in practice?
Where a regulator or profession meets the definitions set out in the Bill, they may be subject to certain requirements after the Bill is enacted. The extent of these requirements will depend on whether the profession or regulator is specified in any regulations made using delegated powers in the Bill to recognise professional qualifications from overseas:
a. Where there is unmet demand for the services of a profession and regulations under Clause 1 are necessary to enable it to be addressed, the UK government or devolved administration ministers may introduce regulations which require regulators to have processes in place to assess the knowledge and skills of applicants with overseas qualifications or experience. Further detail is provided in the factsheet on Unmet demand.
b. The PQ Bill can implement international agreements that the UK secures that relate to the recognition of professional qualifications. Further detail is provided in the factsheet on Regulator recognition agreements.
c. The PQ Bill also means that regulators can be empowered to make recognition agreements with their overseas counterparts, making it easier for UK-qualified professionals to practise outside the UK. Where a regulator who meets the definition in the Bill wants to establish a recognition agreement with an international counterpart but is currently unable to do so, powers in the PQ Bill can be used to give them the necessary powers. Further detail is provided in the factsheet on Regulator recognition agreements.
The Bill does not change existing powers of information disclosure that regulators already have. Regulators who meet the definitions in the Bill will also need to provide certain information when it is requested. For example, a regulator:
a. must provide information that they hold about the profession that they regulate to the Assistance Centre. This is set out in Clause 7 of the PQ Bill. Further detail is provided in the factsheet on Information publication requirements.
b. must publish information about the profession they regulate. If there are multiple regulators of a profession, they do not all have to publish the information, unless they wish to do so. They might agree for one regulator to publish the information, while the other regulators signpost that publication online. This is set out in Clause 8 of the PQ Bill. Further detail is provided in the factsheet on Information publication requirements.
c. must share information with a counterpart regulator that they hold about individuals practising the profession, if requested. This information includes counterpart regulators in another part of the UK where a profession is devolved. It also includes overseas counterparts, if consented to by the individual and it does not contravene data protection. Clauses 9 and 10 of the PQ Bill set out the information sharing requirements. Further information is provided in the factsheet on Information sharing.