S.I. No. 135/1996 - European Communities (Second General System For The Recognition of Professional Education and Training) Regulations, 1996.

1. In the case of a profession specified in column (1) of this part—

(a) the professional activity concerned is regulated only by virtue of admission to membership of the body specified in column (3) of this Part opposite the first-mentioned specification.

(b) only members of that body may use the abbreviatory letters specified in column (2) of this Part opposite such first-mentioned specification, and

(c) except in the case of a chemist, tax consultant, associate engineer, affiliate (engineering), graduate professional engineer, town planner, or medical laboratory technician the use of the name of the profession is regulated by such membership as aforesaid.

2. Where the same body is specified in Part I of this Schedule and in this Part, that body regulates both

(a) the pursuit of the profession or professional activity concerned specified in the said Part I, and

(b) the use of the abbreviatory letters concerned specified in this Part.

GIVEN under my Official Seal, this 21st day of May, 1996.

Niamh Bhreathnach

Minister for Education.

EXPLANATORY NOTE.

The purpose of these Regulations is to give legal effect to Council Directive No. 92/51/EEC of 18 June, 1992. This Directive introduced, for regulated professions, a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC.

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 "Regulation 2 diploma" in Regulation 2 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 3(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 19

FOURTH SCHEDULE

Professions and Professional activities

Part 1.

Professions and professional activities regulated by law.

(1)

(2)

Professions and professional activities

Designated authorities

Auditing company accounts

Chartered Association of Certified Accountants Institute of Certified Public Accountants in Ireland Institute of Chartered Accountants in Ireland Minister for Enterprise and Employment

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 Chiropodist Diagnostic or therapeutic radiographer Dietitian Environmental health officer Microbiologist Occupational therapist Orthoptist Physicist Psychologist Speech therapist

Minister for Health

Social Worker

National Validation Body on Social Work Qualifications and Training acting with the approval of the Minister for Health.

Medical laboratory technician

Academy of Medical Laboratory Sciences acting with the approval of the Minister for Health.

Barrister

Council of the Honourable 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

Physiotherapist

Irish Society of Chartered Physiotherapists acting with the approval of the Minister for Health

Registered secondary school teacher

Secondary Teachers Registration Council acting with the approval of the Minister

Registered Ophtalmic Optician

Bord na Radharcmhastóirí

Patent agent

Minister for Enterprise and Employment.

Registered Psychiatric Nurse Registered Sick Childrens' Nurse Registered Mental Handicap Nurse Registered Public Health Nurse Registered Nurse Tutor

An Bord Altranais

Deck Officers (Merchant Marine) Deck Officer class 1 (Master Mariner) Ships' Deck Officer class 2 Engineer Officers (Merchant Marine) Marine Engineer Officer class 1 Marine Engineer Officer class 2

Minister for the Marine

Part II

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

(1)

(2)

(3)

Professions

Abbreviatory Letters

Designated authorities

Certified accountant

ACCA

Chartered Association of Certified Accountants

Certified public accountant

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

Affiliate (Engineering) Associate engineer Graduate professional engineer Chartered engineer

Afl IEI A Eng, AMIEI MIEI C Eng, MIEI

Institute 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

Medical Laboratory technician

AIBMS MAMLS

Academy of Medical Laboratory Sciences

Chartered Physiotherapist

MISCP

Irish Society of Chartered Physiotherapists

Chemist

LICI, MICI

Institute of Chemistry of Ireland

7. A designated authority may, before authorising an applicant to take up or pursue a regulated profession referred to in Regulation 6(1) in the State, require the applicant, either —

(a) where the education and training received by the applicant and shown by him in his application relates to theoretical or practical matters differing substantially from those covered by the certificate required in the State by a person other than an applicant (being the first case referred to in paragraph (a) of Article 7 of the Directive) or in the other case referred to in paragraph (a) of the said Article 7, at the option of the applicant, either —

(i) to complete successfully an adaptation period not exceeding 2 years, or

(ii) to pass an aptitude test, or

(b) where the applicant does not hold any Regulation 2 diploma, certificate or other evidence of education and training, the designated authority may, require the applicant either —

(i) to complete successfully an adaptation period not exceeding 2 years, or

(ii) to pass an aptitude test.

Special systems for recognition of other qualifications.

8. (1) Where, in the State, the taking up or pursuit of a regulated profession is subject to possession of an attestation of competence, the designated authority concerned may not, on the grounds of inadequate qualifications, refuse to authorise an applicant to take up or pursue that profession on the same conditions as apply to holders of that attestation of competence —

(a) if the applicant holds the attestation of competence required in another Member State for the taking up or pursuit of the profession concerned, that profession is a regulated profession in its territory and the attestation of competence was awarded in a Member State, other than the State, or

(b) if the applicant provides proof of qualifications obtained in another Member State,

and containing guarantees, in particular in the matter of health, safety, environmental protection and consumer protection, being of a level equivalent to those required by the laws, regulations or administrative provisions of the State.

(2) If the applicant does not provide proof of such an attestation of competence or of such qualifications, the laws, regulations or administrative provisions of the State shall apply.

9. Where, in the State, the taking up or pursuit of a regulated profession is subject only to possession of evidence of education attesting to general education at primary or secondary school level, the designated authority concerned may not, on the grounds of inadequate qualifications, refuse to authorise an applicant to take up or pursue that profession on the same conditions as those which apply to holders of that evidence of education —

(a) if the applicant possesses formal qualifications of the corresponding level awarded in another Member State, and

(b) the evidence of formal qualifications has been awarded by a competent authority in that Member State.

10. (1) An aptitude test shall —

(i) be carried out by the designated authority concerned,

(ii) be designed to assess the ability of the applicant concerned to pursue the profession concerned in the State,

(iii) be limited to the professional knowledge of the applicant, and

(iv) take account of the fact that the applicant is a qualified member of the profession in the Member State of origin or the Member State from which he comes.

(2) (a) The designated authority concerned shall determine what subjects covered by the education and training concerned, required by a person other than an applicant in the State, are not covered by the evidence of education and training possessed by the applicant concerned and such subjects may cover both theoretical knowledge and practical skills required for the pursuit of the profession and the aptitude test shall cover only —

(i) subjects so determined knowledge of which is essential for the pursuit of the profession concerned in the State, and

(ii) if the designated authority so determines, knowledge of the relevant rules of professional conduct.

(3) The professional status in the State of an applicant preparing for an aptitude test 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.

11. (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 education and 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, in particular in the matter of right of residence as well as of obligations, social rights and benefits, allowances and remuneration, in accordance with applicable Community law.

(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.

12. (1) A designated authority shall accept, as sufficient proof, for the purposes of Regulations 3 to 9, of any matters specified in those regulations, the appropriate Regulation 2 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 subparagraph (a), a designated authority shall, in lieu of such a document, accept as sufficient proof that an applicant satisfies a requirement specified in subparagraph (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 authenticity 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 Regulation 2 diploma, certificate, declaration or other document purporting to be the appropriate Regulation 2 diploma, certificate, declaration or other document in relation to a matter specified in Regulation 3, 4, 5, 6, 7, 8 or 9 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 Regulation 2 diploma, certificate, declaration or other document and to be so issued unless the contrary is proved.

13. 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 III 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 that 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 3 to 8.

14. 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 all the documents, evidence and information relevant to the application.

15. (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 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 14.

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

16. (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.

17. Nothing in these Regulations or the Directive shall be construed as entitling a person who has, by virtue of a diploma, certificate, attestation of competence or evidence of education and training 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, certificate, attestation of competence, or evidence of education and training.

18. The Directives listed in Annex B of the Directive shall apply to the pursuit in the State as an employed person of the activities covered by those Directives.

19. The Principal Regulations are hereby amended by the substitution of the Schedule set out in the Fourth Schedule for the First Schedule thereto.

Regulation 2

FIRST SCHEDULE

PART I

Professions and professional activities regulated by law at the level of "Regulation 2 diploma"

(1)

(2)

Professions and Professional activities

Designated Authorities

Trade Mark Agent

Controller of Patents, Designs and Trademarks

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 diplomaAudiometrician

Minister for Health

Registered Dispensing Optician

Bord na Radharcmhastóirí

Ships Radio Officer

Minister for Transport, Energy and Communications

Deck Officers (Merchant Marine)Ship's Deck Officer Class 3.Ship's Deck Officer Class 4Deck Officers (Fishing Fleet) Deck Officer Skipper Full. Deck Officer Skipper Limited. Deck Officer Second Hand Full.Engineer Officers (Merchant Marine) Marine Officer Class 3Engineer Officers (Fishing Fleet) Engineer Officer Class 1 (F.V.) Engineer Officer Class 2 (F.V.)

Minister for the Marine

FIRST SCHEDULE

Part II

Professions and professional activities regulated by law at the level of "certificate".

(1)

(2)

Professions and Professional Activities

Designated Authorities

The following profession(s) relating to health in so far as remuneration or reimbursement or both is subject by virtue of national arrangements to the possession of a certificateDental Craftsperson

Minister for Health

Aircraft Maintenance Engineer

Minister for Transport, Energy and Communications

Deck Officers (Merchant Marine)Ship's Deck Officer Class 5Deck Officers (Fishing Fleet)Deck Officer Second Hand Limited (F.V.)Deck Officer Second Hand Special (F.V.)Engineer Officers (Merchant Name)Marine Engineer Officer Class 4Engineer Officer (Fishing Fleet)Engineer Officer Class 3 (F.V.)

Minister for the Marine

FIRST SCHEDULE

Part III

Professions and professional activities regulated by professional bodies at "Regulation 2 diploma" level which are recognised in a special form by the State.

(1)

(2)

(3)

Professions

Abbreviatory Letters

Designated Authorities

Technician Accountant

Tech, CPA

Institute of Certified Public Accountants in Ireland

Accounting Technician

MIATI

Institute of Chartered Accountants in Ireland

Technician (Engineering)

Tech, IEI

Institution of Engineers of Ireland

Engineering Technician

Eng Tech IEI

Institution of Engineers of Ireland

Regulation 4

SECOND SCHEDULE

Trade Mark Agent

The Institute of Certified Public Accountants in Ireland

The Institute of Chartered Accountants in Ireland.

Regulation 4

THIRD SCHEDULE

I, Niamh Bhreathnach, 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. 92/51/EEC of 18 June 1992,

1

and Commission Directive No. 94/38/EC of 26 July, 1994

2

and Commission Directive No. 95/43/EC of 20 July, 1995

3

hereby make the following Regulations

1

O.J. No. L209, 24.7.92, p.25

2

O.J. No. L217, 23.8.94, p.8

3

O.J. No. L184 3.8.95, p.21