Policy paper

Recognition of professional qualifications

Updated 17 November 2020

Why is there a need for an internal market for professional qualifications?

There is currently no overarching system that allows for professionals who are qualified to practise in one part of the UK to move and practise in another if the qualification requirements to do so are different.

Without putting in place a way for professionals to have their qualifications recognised in different parts of the UK, barriers may emerge within the UK internal market. This could prevent UK qualification holders from being able to work in all parts of the UK and restrict their economic competitiveness or life choices. The UK government has undertaken a Call for Evidence with the aim of developing policy on how professional qualifications from other countries are recognised, how we regulate professions generally and how to support the UK government’s thinking in relation to the effective operation of the UK’s internal market.

What are we introducing?

To prevent these potential barriers from causing disruption to the UK Internal Market, we are introducing 2 systems by which professionals will be able to have their qualifications recognised in other parts of the UK when necessary.

These systems are the automatic system and the alternative system. The automatic system will mean that if you have the qualifications or experience required to practise a profession in one part of the UK, or specific qualifications are not required to practise the profession in a part of the UK, that you will be treated as meeting the qualification requirements in all other parts of the UK. The automatic recognition system will apply by default unless a decision is made by the relevant authority to replace it with the alternative system.

If an alternative system is put in place, it must meet with certain principles laid out in Clause 24 of the Bill. This will ensure that the alternative recognition system is suitable and ensures that professionals and their qualifications are treated fairly when applying for recognition.

Combined, these recognition systems will ensure that professionals are able to be recognised and practise across the whole UK with relative ease, whilst protecting devolved administrations ability to set and maintain their own standards.

What professions will be in scope of part 3 of the Bill?

Only professions which are regulated by law will be in scope of part 3 of the Bill. This is where access to a profession is limited by legislation to individuals who hold specific professional qualifications or experience. Professions that are self-regulated through voluntary membership of a professional body or institution would not be in scope of this part of the Bill.

Additionally, there are exception for specific professions which are listed in the Bill. This is to reflect some long-standing differences concerning these professions across the United Kingdom, such as in the case of legal professions.

Who will benefit from the internal market on professional qualifications?

UK residents who have qualifications obtained in the UK and experience obtained mainly in the UK, will be able benefit from the Internal Market Bill provisions on professional qualifications.

For the purposes of this part of the Bill, a qualification is ‘obtained’ in the place where the issuing body is based. This is where the body’s registered office is located or, if the body does not have a registered office, where its head office or principal place of operation is located.

Professionals who hold non-UK qualifications will not be able to benefit from the recognition systems, even if their qualification has been recognised by a UK body.

Equal treatment

Qualification recognition is not the only barrier that might emerge in the internal market. It would be possible for unfair or discriminatory measures to be put in place to act as a further barrier to professionals practising their profession. Therefore, we have put in place provisions to ensure equal treatment of professionals regardless of where in the UK they obtained their qualifications or experience.

What does equal treatment do?

Equal treatment prevents professionals being treated differently on the basis of where in the UK they obtained their qualifications or experience. This means that where there are ongoing requirements to practise a profession, incoming professionals cannot be treated less favourably because of where in the UK their qualifications or experience were obtained or the type of qualifications they have (unless this is justified). For example, they could not be required to pay a higher annual fee than a locally qualified professional. Equal treatment will mean that professionals cannot be disadvantaged and can practice their profession on the same basis as a locally qualified professional.

When will equal treatment apply?

Equal treatment will apply from the commencement of Part 3 of the Bill. This will apply to professions which are regulated in law. The Equal Treatment provisions are not subject to the same exceptions as apply to the recognition system provisions and accordingly, will apply to all professionals with UK qualifications or experience regardless of whether they have been recognised under the automatic or alternative systems.

Questions and answers

Legal services have traditionally been dealt with completely separately in each jurisdiction in the UK, reflecting the diverse legal systems in each jurisdiction. Won’t these rules mean that lawyers from one part of the UK can practice in another without meeting the standards we have always had for lawyers?

We have been clear throughout the process of this Bill and the white paper before it that we have no intention of interfering with the longstanding differences between the legal systems in each part of the UK.

We recognise there are good reasons not to impose mutual recognition rules on the main legal professions, which have been listed on the face of the bill.

We have excluded specific legal professions from the provisions on recognition of professional qualifications in acknowledgement of the different legal systems of the UK.

If foreign qualifications are recognised in one part of the UK, will those professionals holding foreign qualifications automatically be able to access other parts of the UK?

No, even if someone with a non-UK qualification is recognised in one part of the UK, they will not be able to benefit from the internal market provisions.

The Bill only applies where an individual’s qualifications or experience were obtained in the UK. A foreign-qualified professional, even if recognised in one part of the UK, cannot rely on the provisions of the Bill.

The Bill does not make any provisions for the recognition of foreign-qualified professionals.

Regulators will be required to abide by the equal treatment provisions, does this mean that the Welsh Government will not be able to impose Welsh language requirements on professionals moving to Wales?

The equal treatment provisions relate to requirements and restrictions in respect of the ongoing practise of a profession and require that professionals who qualified in a different part of the UK are treated the same as locally qualified professionals. A Welsh language requirement in respect to the ongoing practise to the profession (for example, to take regular Welsh language lessons) can be imposed as long as it applies equally to locally qualified professional as it does to professionals qualified in other parts of the UK.

When might the alternative system be used?

It is our expectation that the alternative recognition process will be used where there are sufficient differences in professional standards between UK nations to justify a case-by-case assessment of incoming professionals.

Will the UK government be deciding when automatic recognition will apply?

Automatic recognition applies as the default when a new profession is regulated or when changes are made to existing qualification or experience requirements in a part of the UK.

Where the UK government or a UK regulator is directly responsible for the regulation of a profession, either the UK government or the regulator will decide whether an alternative recognition process should be used instead of the default automatic recognition principle.

Where the profession is regulated separately in a part of the UK, the devolved government or the relevant devolved regulator will be responsible for deciding whether to apply an alternative recognition process.

What happens if a regulator already has a recognition process in place that does not meet with the principles for the alternative recognition process set out in the Bill?

If existing recognition processes do not comply with the principles set out in the Bill, then the process will not disapply the automatic recognition principle. So, if any changes to qualifications requirements are made after the Bill is passed, automatic recognition would apply unless a compliant alternative recognition process is put in place.

Failure to comply with the publication requirements will not result in the automatic principle being reapplied.

Is there any limitation on when the alternative recognition process can be used?

No, the alternative recognition process is at the discretion of the relevant authority.

However, under an alternative recognition process, the relevant authorities will be obliged to recognise professionals who meet the required standards in their jurisdictions. This means that, if the alternative system was applied when there was no difference in standards, professionals would have to be recognised.