S.I. No. 1/1991 - European Communities(General System For The Recognition of Higher Education Diplomas) Regulations, 1991.

1. In this Schedule "the shortfall" means the length of time by which the period of education and training received by an applicant and established by him pursuant to Regulation 4 is shorter than the period required of persons other than applicants in the State in relation to the regulated profession concerned.

2. Subject to paragraph 6, to the extent that the shortfall or part of it relates to post-secondary studies, or to a period of probationary practice carried out under the control of a supervising professional person and ending with an examination, or both, the required period of professional experience may not exceed twice the shortfall or the part, as the case may be.

3. Subject to paragraph 6, to the extent that the shortfall or part of it relates to professional practice acquired with the assistance of a qualified member of the profession, the required period of professional experience may not exceed the shortfall or the part, as the case may be.

4. The duration of education and training required in the case of a diploma referred to in paragraph (

b

) of the definition of "diploma" in Regulation 3 shall be determined as for the education and training referred to in paragraph (

a

) of that definition.

5. In determining the length of the required period of professional experience, the period of professional practice referred to in Regulation 4 (

b

) shall be taken into account.

6. A period of professional experience may be required in respect of both of the matters referred to in paragraphs 2 and 3, but the total of the periods so required may not in any event exceed 4 years.

Regulation 5

THIRD SCHEDULE

Auditing company accounts.

Barrister.

Solicitor.

Patent agent.

Institute of Taxation in Ireland.

The Institute of Chartered Accountants in Ireland.

The Institute of Certified Public Accountants in Ireland.

The Chartered Association of Certified Accountants.

GIVEN under my Official Seal, this 2nd day of January, 1991.

MARY O'ROURKE,

Minister for Education

EXPLANATORY NOTE.

The purpose of these Regulations is to give legal effect to Council Directive No. 89/48/EEC of 21 December, 1988. This Directive introduced, for regulated professions, a general system for the recognition of higher education diplomas awarded on completion of professional education and training of at least three years' duration.

7. (1) An adaptation period is a period not exceeding 3 years—

(i) whose length is determined by the designated authority concerned,

(ii) during the whole of which the applicant concerned pursues the profession concerned under the responsibility of a qualified member of that profession, and

(iii) during which the applicant may be required by the designated authority to undergo such further training in relation to the profession as it may determine.

(2) The performance of an applicant in the pursuit of the profession concerned during an adaptation period shall be the subject of such an assessment as the designated authority concerned may determine.

(3) The professional status in the State of an applicant who is in the process of completing an adaptation period shall be determined by the designated authority concerned.

(4) The matters aforesaid and any matters connected therewith shall be governed by such rules made by the designated authority concerned as it may determine.

8. (1) A designated authority shall accept, as sufficient proof, for the purposes of Regulations 4, or 5, of any matters specified in those regulations, the appropriate diploma, certificate or other document in relation to that matter duly issued by the appropriate competent authority in the Member State concerned.

(2) (

a

) A designated authority shall accept as sufficient proof that an applicant satisfies a requirement that he—

(i) is of good character or repute or has not been declared bankrupt, or

(ii) has not been suspended or prohibited from practising the profession concerned in consequence of serious professional misconduct or conviction of a criminal offence,

a document showing that the requirement is met issued by the appropriate competent authority in the Member State of origin or the Member State from which the applicant comes.

(

b

) Where the competent authority in another Member State does not issue documents of the kind specified in paragraph (

a

), a designated authority shall, in lieu of such a document, accept as sufficient proof that an applicant satisfies a requirement specified in paragraph (

a

)—

(i) (I) a declaration on oath that the requirement is met, or

(II) if there is no provision in the Member State for a declaration on oath, a solemn declaration that the requirement is met,

made by the applicant concerned before a competent judicial or administrative authority or, where appropriate, a notary or qualified professional body of the Member State of origin or the Member State from which the applicant comes, and

(ii) a certificate attesting the authority of the declaration on oath or the solemn declaration issued by the authority, notary or qualified professional body.

(3) A designated authority shall accept, as sufficient proof of the state of the physical or mental health of an applicant—

(

a

) the document required for that purpose in the Member State of origin or the Member State from which the applicant comes, or

(

b

) in case, in the Member State of origin or the Member State from which the applicant comes, there is no such requirement, a certificate issued by the competent authority in the Member State of origin or the Member State from which the applicant comes corresponding to the certificate issued for the purpose aforesaid in the State.

(4) A designated authority may require that a declaration, certificate or other document required to be presented to it under paragraph (2) or (3) be so presented not more than 3 months after the date of its issue.

(5) A designated authority shall ensure that, where the form of an oath required by it to be taken, or of a declaration required by it to be made, by an applicant cannot be used by nationals of other Member States, an appropriate and equivalent form of oath or declaration is offered to the applicant concerned.

(6) A diploma, certificate, declaration or other document purporting to be the appropriate diploma, certificate, declaration or other document in relation to a matter specified in Regulation 4 or 5 or paragraph (2) or (3) and to be duly issued by the appropriate competent authority or other authority or by a notary, as may be appropriate, shall be deemed to be such diploma, certificate, declaration or other document and to be so issued unless the contrary is proved.

9. An applicant who has been authorised pursuant to these Regulations to take up or pursue a regulated profession may, and shall be permitted by the appropriate designated authority to use—

(

a

) the professional title and any abbreviatory letters relating to the profession in the State, and

(

b

) the lawful academic or professional title and, where appropriate, the abbreviation thereof relating to the profession deriving from his Member State of origin or the Member State from which he came, in the language of that State followed, if so required by the designated authority, by the name and location of establishment or body by which it was awarded

Provided that, if the profession is one that is specified in column (1) of Part II of the First Schedule, the applicant shall not use the professional title aforesaid or any abbreviatory letters therefor other than in accordance with the provisions of that Part and if those provisions require membership of the body or one of the bodies specified in column (3) of that Part opposite the first-mentioned specification and such membership is subject to any qualification requirements, those requirements may be applied by the designated authority to the applicant only in so far as they are consistent with these Regulations and, in particular, with Regulations 4 and 5.

10. An application shall be considered, as soon as may be, by the designated authority concerned and its decision to grant or refuse the application and the reasons for its decision shall be communicated by it to the applicant concerned not later than 4 months after the presentation to it of the documents, evidence and information relevant to the application.

11. (1) An applicant may appeal to the High Court from any decision of a designated authority, or any failure of a designated authority to make a decision, in relation to an application by him.

(2) Upon the hearing of an appeal under this Regulation the High Court may do one or more of the following

(

a

) affirm or set aside any decision of the designated authority concerned in relation to the application concerned,

(

b

) make any decision in relation to the application that could be made by the designated authority,

(

c

) remit the application with or without directions to the designated authority for reconsideration and the making of a new decision in relation to it,

(

d

) make such other order as may be appropriate for the purpose of doing justice.

(3) An appeal under this Regulation in relation to an application to the Council of the Honorable Society of King's Inns shall be heard and determined by a judge of the High Court who is not a member of that Council.

(4) An appeal under this Regulation shall be brought—

(

a

) within 42 days of the date upon which the decision concerned is communicated to the applicant concerned, or

(

b

) in the case of failure by the designated authority concerned to make a decision in relation to the application concerned, within 42 days of the expiration of the period of 4 months specified in Regulation 10.

(5) A decision of the High Court on an appeal under this Regulation shall be final and not appealable.

12. (1) The Minister shall appoint an official of the Minister to co-ordinate the activities of the designated authorities in the State and to promote uniform application of the Directive to all the professions concerned.

(2) Designated authorities in the State shall furnish to the official standing appointed for the time being pursuant to paragraph (1), at his request, such information as he may reasonably require for the purposes of his functions under these Regulations and the Directive.

13. Nothing in these Regulations or the Directive shall be construed as entitling a person who has, by virtue of a diploma awarded to him in the State, been authorised pursuant to the Directive to take up and pursue the relevant profession in another Member State to claim in the State any rights or status not conferred on him by the diploma.

14. (1)

Section 3

of the

Legal Practitioners (Qualification) Act, 1929

(No. 16 of 1929), shall not apply to an applicant to whom paragraph (

a

) or (

b

) of Regulation 4 applies.

(2)

Section 24

of the

Solicitors Act, 1954

(No. 36 of 1954), and regulations under section 40 of that Act shall not apply to an applicant to whom paragraph (

a

) or (

b

) of Regulation 4 applies.

Regulation 3

FIRST SCHEDULE

PROFESSIONS AND PROFESSIONAL ACTIVITIES

PART I

Professions and professional activities regulated by law.

(1)

Professions and professional

activities

(2)

Designated authorities

Auditing company accounts.

Chartered Association of CertifiedAccountants.

Institute of Certified Public Accountants in Ireland.

Institute of Chartered Accountants in Ireland.

Minister for Industry and Commerce.

The following professions relating to health in so far as remuneration or reimbursement or both is subject by virtue of national arrangements to the possession of a diploma

Analytical chemist.

Biochemist.

Diagnostic or therapeutic radio-grapher.

Dietician.

Environmental health officer.

Minister for Health

Medical laboratory technician.

Microbiologist.

Occupational therapist.

Orthoptist.

Physicist.

Physiotherapist.

Psychologist.

Social worker.

Speech therapist.

Barrister

Council of the Honorable Society of King's Inns.

Solicitor

Incorporated Law Society of Ireland.

Community and comprehensive school teacher.

Primary school teacher.

Teacher or lecturer in regional and technological colleges.

Vocational school teacher.

The Minister.

Registered secondary school teacher.

Secondary Teachers Registration Council, acting with the approval of the Minister.

Optician

Bord na Radharcmhastóirí

Patent agent.

Minister for Industry and Commerce.

PART II

Professions and professional activities regulated by professional bodies which are recognised in a special form by the State.

(1)

Professions

(2)

Abbreviatory

letters

(3)

Designated authorities.

Certified accountant.

ACCA

Chartered Association of Certified Accountants.

Certified public accounts.

CPA

Institute of Certified Public Accountants in Ireland.

Chartered accountant.

ACA

Institute of Chartered Accountants in Ireland.

Tax consultant.

AITI

Institute of Taxation in Ireland.

Technician engineer.

Graduate professional engineer.

Chartered engineer.

T Eng, AIEI

MIEI

C Eng, MIEI

Institution of Engineers of Ireland.

Town planner

MIPI

Irish Planning Institute.

Chartered town planner.

MRTPI

Royal Town Planning Institute Irish Branch, Southern Section.

Chartered surveyor.

ARICS

Society of Chartered Surveyors in the Republic of Ireland.

Chemist

LICI,

MICI

Institute of Chemistry of Ireland.

S.I. No. 1 of 1991.

EUROPEAN COMMUNITIES(GENERAL SYSTEM FOR THE RECOGNITION OF HIGHER EDUCATION DIPLOMAS) REGULATIONS, 1991.

I, MARY O'ROURKE, Minister for Education, in exercise of the powers conferred on me by

section 3

of the

European Communities Act, 1972

(No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 89/48/EEC of 21 December, 1988

1

hereby make the following regulations