Key Facts

• Clause 1 sets out a new recognition approach for professional qualifications from around the world.
• Regulations under Clause 1 require regulators to determine if overseas qualifications meet UK standards without lowering these standards.
• Regulators support this clause and are free to continue recognizing overseas qualifications as per existing powers.
• The Bill aims to promote mutual recognition of professional qualifications.
• Legal services contribute £60 billion in gross added value to the UK economy.
• Export of legal services is worth £5 billion annually.
• Devolved Administrations should be appropriately consulted regarding regulations that affect them.
• The amendment would require the appropriate national authority to consider specific factors when determining unmet demand.
• Clause 15 sets out a duty to consult with regulators when using powers under clause 1.
• Devolved Administrations are best placed to determine relevant factors for assessing unmet demand in their areas.
• The UK is the second-largest exporter of services in the world.
• Clause 3 allows appropriate national authorities to implement parts of international agreements relating to professional qualifications.
• New clause 1 would place an obligation on the Secretary of State to provide guidance to regulators concerning mutual recognition under the EU-UK trade and co-operation agreement.
• The EU-UK trade agreement lacks reciprocity for professional qualification recognition.
• Article 158 of the TCA provides a framework for facilitating recognition of professional qualifications between the UK and EU.
• Annex 24 to the TCA contains guidelines to help regulators develop joint recommendations.
• Clause 4 has been ordered to stand part of the Bill.
• Clause 5 revokes the European Union (Recognition of Professional Qualifications) Regulations 2015.
• The regulations were temporarily retained to provide certainty during the transition period.
• Clause 5 upholds international agreements including EU withdrawal agreement, EEA EFTA separation agreement, and Swiss citizens' rights agreement.
• Clause 6 provides a power for modifications to other retained EU recognition law to cause it to cease having any effect.
• Clause 7 establishes a statutory basis for the continued delivery of an assistance centre supporting overseas professionals seeking to practise in the UK and vice versa.
• Clause 9 places a duty on UK regulators to provide information to other regulators when requested.
• The clause applies only to information held by the regulator about an individual and does not require obtaining new information.
• It supports co-operation between regulators across the UK to protect consumers and public health.
• Amendment 4 obliges the Secretary of State to consult devolved Administrations before making regulations affecting regulators covering the whole UK.
• The amendment is based on the formula in the United Kingdom Internal Market Act 2020.
• Ministers have offered an amendment for a duty to consult with devolved Administrations, rejected by Scottish and Welsh Governments but discussions are ongoing.
• The Bill includes a duty to consult regulators in the devolved nations.
• Clause 14 was added during proceedings in the House of Lords to protect regulator’s autonomy.
• Appropriate national authorities, including the Secretary of State and the Lord Chancellor, can make regulations under specific clauses.
• The Bill respects the devolution settlement, covering all UK nations.
• Clause 21 provides the short title for the Act as the Professional Qualifications Act 2021.
• A new clause requires annual reporting on workforce shortages in regulated professions.
• Serious shortages in nursing, doctors, veterinary surgeons, HGV drivers.
• Migration Advisory Committee's shortage occupation list is reviewed annually.
• Skills for jobs White Paper outlines an ambitious reform programme focusing on skills development.
• Care workers have been added to the shortage occupation list.
• Professionals with existing recognised qualifications will not be negatively affected by the new legislation.
• The government has confirmed that professionals with current recognition decisions can continue practising in the UK.
• Regulations in clause 5 include saving and transitional periods to ensure the validity of existing recognition decisions.
• The Government published a full list of affected professions and regulators on gov.uk on 14 October 2021.
• Officials are currently maintaining and updating the list regularly.
• The amendment seeks to commit the Government to maintain and publish this list in legislation.