Guidance

Recognition of Professional Qualifications under the UK’s Free Trade Agreement with Norway, Iceland and Liechtenstein: guidance for regulators

Updated 30 January 2024

Introduction

The UK’s Free Trade Agreement with Norway, Iceland and Liechtenstein establishes a comprehensive system for the recognition of professional qualifications between the UK and these countries. This system came into force in the UK on 1 December 2023, and regulators of professions covered by this agreement need to operate this system.

This document provides guidance for regulators in scope of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 on their obligations under the regulations.

This guidance does not include information about the impact of these regulations on individual professions. For further details not covered within this guidance, you should check profession-specific information provided on relevant GOV.UK pages or by the devolved administrations, or get in touch with relevant government departments.

This guidance should be read in conjunction with guidance on the revocation of the European Union (Recognition of Professional Qualifications) Regulations 2015.

Summary

The regulations implement the recognition of professional qualifications (RPQ) provisions set out in Chapter 12 of the UK-Norway, Iceland and Liechtenstein Free Trade Agreement (‘the Agreement’). The regulations came into force on 1 December 2023.

In summary:

• regulators in scope of the regulations are required to have processes in place to recognise comparable qualifications obtained in Norway, Iceland and Liechtenstein
• regulators outside the scope of these regulations are not required to implement the provisions of the regulations. They will be free to establish their own routes to recognition to these professions, or apply relevant sectoral legislation or international conventions where applicable
• regulators should continue to uphold recognition decisions made before 1 December 2023 from professionals qualified in Norway, Iceland or Liechtenstein

Background

In July 2021 the UK signed a Free Trade Agreement with Norway, Iceland and Liechtenstein. Chapter 12 of the agreement outlines a comprehensive system for recognition of professional qualifications between the parties.

Under the agreement, UK regulators are required to establish or operate a system for recognition of professional qualifications obtained in Norway, Iceland and Liechtenstein. The agreement is reciprocal, so regulators in Norway, Iceland and Liechtenstein are also required to recognise UK qualifications.

These arrangements under ‘the agreement’ replaces the interim system for RPQ that was retained after the UK left the EU. Whilst a member of the EU, there was a ‘general system’ that enabled European Economic Area (EEA) and Swiss nationals to have their professional qualifications recognised in the UK and vice versa.^{[footnote 1]} Following the UK’s exit from the EU, the UK government put in place a temporary system for recognition for EEA and Swiss qualifications in the UK.^{[footnote 2]}

This temporary system was revoked on 1 December 2023^{[footnote 3]} at the same time the provisions of ‘the agreement’ came into force. This means whilst regulators are no longer required to have systems in place to recognise EU professional qualifications, they must have processes in place to recognise qualifications gained in Norway, Iceland and Liechtenstein.

The regulations

The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (the regulations) implement the recognition of professional qualifications provisions in Chapter 12 of the agreement.

The regulations came into force on 1 December 2023.

The regulations:

• place a duty on UK regulators to establish or operate a system for recognition of comparable professional qualifications obtained in Norway, Iceland and Liechtenstein
• give regulators the powers to recognise these qualifications by making amendments to sectoral legislation where necessary

For some professions, sector specific legislation regarding the previous EU-based system applies in parallel to these regulations. For example, the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations (2019/593) (“the standstill provisions”).

In such cases, this legislation may create additional requirements for regulators to implement beyond what is required in the regulations which will need to be implemented. Regulators should consult their relevant department to understand what additional requirements may apply to them.

Annex I of this guidance details where the application of the regulations may not apply to certain transport professions, as well as amendments made to sectoral legislation to implement the provisions of the agreement.

Scope 

Professions in scope of the regulations

The regulations apply to professions regulated by law in the UK, whether at a national, regional or local level, unless specifically excluded in the regulations.

Professions outside the scope of the regulations

Professions which are subject to industry-led regulation (chartered professions) are not in scope of the regulations and are not required to have processes in place to recognise comparable qualifications obtained in Norway, Iceland and Liechtenstein.

Following the revocation of the interim EU-derived system for recognition of professional qualifications, regulators of chartered professions are not subject to any legal requirements requiring them to have general systems in place to recognise EEA professional qualifications. They are free to maintain recognition pathways of their own choosing for qualifications gained from countries within the EEA, subject to their own governing rules and any mutual recognition agreements.

The regulations do not apply to the regulators of certain maritime, aviation and dangerous goods professions. A full list of these professions is included in Schedule 2 to the regulations. These professions are subject to existing international regulations on recognition of professional qualifications.

Application in devolved nations

The regulations apply across all UK nations, but there are additional regulations that apply to certain professions regulated by the Welsh government and Scottish government.

The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 disapplies the UK-wide application of the regulations for professions within Welsh Government competence.

The Animal Welfare and Food Safety (International Professional Qualification Recognition Agreement Implementation) (Miscellaneous Amendment) (Scotland) Regulations 2023 also amends subordinate legislation for Scottish professions in areas of slaughter and food safety.

Affected regulators should engage with the relevant government to ensure they are compliant with the relevant regulations.

Recognition under new system

Regulators will need to ensure that they are able to process applicants with professional qualifications or relevant experience gained in Norway, Iceland or Liechtenstein in a fair and proportionate manner, in line with the requirements and powers set out in the regulations.

In summary, the regulations require regulators to:

• recognise qualifications or relevant experience of a professional who applies for recognition and possesses comparable professional qualifications
• refuse applications of comparable qualifications only when one or more conditions specified in the regulations are met (detailed later in this guidance)
• apply certain compensatory measures to address differences in qualifications in certain circumstances
• follow specific procedural requirements outlined in the Regulations. This includes:
  • following certain steps within specified time periods
  • ensuring any evidence requirements are no more than necessary and exchanging information with Norway, Iceland or Liechtenstein regulators
  • publishing and making easily available information relevant to applicants to applying for recognition
  • operating a fair and proportionate system for language requirements, appealing decisions and application fees

If access to a regulated profession in the UK relies upon an individual holding specific professional qualifications, regulators must recognise qualifications obtained in Norway, Iceland, and Liechtenstein that are comparable to professional qualifications obtained in the UK.

Given that ‘comparable’ applies with respect of a regulator’s standards, it is an assessment for the regulator to take as to how qualifications from Norway, Iceland and Liechtenstein relate to a UK qualification. This assessment of comparability is dependent on each regulated professions needs and requirements. It is up to individual regulators to set their approach for comparability and make decisions based on this.

Should a regulator judge that a qualification is not comparable, then the requirements of the regulations would not apply. In this case, regulators can decide what procedures such applicants can follow, in line with relevant legal requirements and public law principles (such as proportionality and accountability).

Refusal to recognise qualifications

When considering an application to recognise comparable professional qualifications obtained in Norway, Iceland, and Liechtenstein, regulators may decide to refuse to recognise their professional qualification when one of more of the following conditions are met:

• condition 1: there is a substantial difference between the professional qualification and the essential knowledge or skills required to practise the profession in the UK AND the applicant fails or refuses to take an aptitude test or complete an adaptation period (compensatory measures)
• condition 2: the profession in the UK contains professional activities that cover substantially different matters from those covered by the Norway, Iceland and Liechtenstein qualifications and the applicant refuses to take an aptitude test or complete an adaptation period (compensatory measures)
• condition 3: requiring a professional with a qualification from Norway, Iceland or Liechtenstein to take an aptitude test or complete an adaptation period would equate to requiring the professional to acquire the relevant qualification in the UK
• condition 4: access to and pursuit of a profession in the UK by those who gained their professional qualifications in the UK is subject to conditions other than the possession of specific qualifications, and the professional fails to meet those conditions

Compensatory measures

A compensatory measure is an adaptation period or aptitude test. A regulator can require a professional to undertake one or both of these measures to address differences between the qualification obtained in Norway, Iceland or Liechtenstein and the equivalent UK qualification.

An adaptation period is a period of supervised practice during which a professional may be assessed or receive further training.

An aptitude test is a test of a professional’s knowledge specific to the profession, with the aim of assessing the professional’s ability to pursue that profession in the UK.

Regulators should offer applicants such compensatory measures when there are substantial differences as described in Conditions 1 and 2 above before deciding to refuse an application.

Regulators are encouraged to apply compensatory measures in a proportionate manner to the differences they seek to address. Additionally, if requested by the professional, regulators should explain in writing why they have requested that an individual undertake compensatory measures.

Where a regulator requires an applicant to undertake an aptitude test, the regulator must schedule tests with reasonable frequency and at least once a year.

Procedure for applications - timeframe obligations

Regulators must have processes in place that enable them to meet the following requirements when processing applications from professionals who hold professional qualifications from Norway, Iceland of Liechtenstein:

• acknowledge receipt of an application within one month in writing and inform the professional of any missing documents
• grant the professional adequate time to complete the application process
• deal promptly with the application
• issue a decision no later than four months from the date on which the complete application was submitted

Procedure for applications - evidence requirements

Regulators may request evidence from applicants who hold a professional qualification gained in Norway, Iceland or Liechtenstein.

This may be evidence of the qualification the professional holds or evidence to demonstrate that they satisfy certain conditions other than the possession of specific professional qualifications.

Where such evidence is required, regulators must:

• ensure the evidence is not more than is necessary to demonstrate that the professional holds comparable professional qualifications, or satisfies the conditions
• accept copies of documents authenticated in accordance with UK law in place of originals, unless original documents are required to protect the integrity of the recognition process
• collaborate and exchange information with regulators in Norway, Iceland or Liechtenstein to facilitate the processing of an application (where applicable)
• exchange information on disciplinary action taken, criminal sanctions imposed or any other serious, specific circumstances which are likely to have consequences for an individual to practise the profession in the UK (where applicable, and subject to confidentiality requirements)

Regulators must comply with UK data protection law when exchanging information with regulators in Norway, Iceland or Liechtenstein.

Procedure for applications - other provisions

Regulators must also provide information to professionals from Norway, Iceland or Liechtenstein about:

• the relevant UK laws to be applied, for example, on disciplinary action, financial responsibility or liability
• the principles of discipline and enforcement of professional standards (including disciplinary jurisdiction and any consequential effects on practising professional activities)
• the process and procedures for the ongoing verification of competence
• the criteria for, and procedures relating to, revocation of registration
• the documentation required of professionals, and the form in which it should be provided
• the acceptance of documents and certificates issued in relation to professional qualifications and other conditions required to practise the profession

Regulators must deal promptly with enquiries from professionals about the qualification and other conditions required to practise the profession.

It is up to the discretion of regulators to decide how they satisfy this requirement. Examples of satisfying this request could be putting the above up-to-date information on the Regulated Professions Register or on their website.

Procedure for applications - language requirements

Regulators may choose to require minimum language proficiency of professionals qualified in Norway, Iceland or Liechtenstein. If regulators choose to do so, language tests must be proportionate to the requirements of the profession.

Procedure for applications - appeals

Regulators must provide a right of appeal to professionals with qualifications obtained in Norway, Iceland or Liechtenstein against their:

• decision to refuse access to and pursuit of a profession
• failure to make a decision about a professional’s access to and pursuit of a profession

Whilst regulators have a degree of discretion to what their appeals process should look like to be compliant with appeal requirements in the regulations, they should ensure that their appeal processes are compatible applicable legal frameworks and public law principles that apply to them.

Procedure for applications - fees

Regulators can charge fees to process applications to recognise qualifications obtained in Norway, Iceland or Liechtenstein. These fees must be:

• reasonable and proportionate to the cost of the application
• transparent in relation to fee structures and made public in advance
• payable by electronic means through their website

Recognition of EEA EFTA professional qualifications before 1 December 2023

Recognition decisions made prior to 1 December 2023 for professionals who qualified in Norway, Iceland and Liechtenstein remain valid.

If regulators received an application before 1 December 2023 from a professional who qualified in Norway, Iceland or Liechtenstein, they should continue to consider that application using previous processes.

Should a professional who qualified in Norway, Iceland or Liechtenstein and who previously practised in the UK (but not on 1 December 2023), apply to rejoin the profession in the UK, the regulator can refer to its rules as to whether the individual needs to make a new full application for recognition.

Should the regulator decide that the previous decision is not applicable and the professional therefore needs to apply for re-recognition, the regulator should follow the process set out in the regulations.

Regulators should refer to guidance on applications made before 1 December 2023.

Other requirements for regulators to comply with

Regulators should ensure that information about recognition routes for professionals qualified in Norway, Iceland and Liechtenstein is updated on their profession pages on the Regulated Professions Register. This information is important for professionals seeking to practise in the UK to be able to apply according to the correct process.

Section 8 the Professional Qualifications Act 2022 places a duty on regulators of professions regulated by law to publish information about requirements to practise. 

Sections 9 and 10 of the Professional Qualifications Act 2022 place a duty on regulators of professions regulated by law to share information with a regulator in another part of the UK or a regulator overseas when requested to do so by the professional. Regulators should refer to guidance on these requirements if needed.

Contact

For further information, please contact [email protected].

Annex I: sector-specific arrangements

Exclusion of certain maritime, aviation and dangerous goods professions

The regulations do not apply to professions listed in Schedule 2 of the regulations. Regulators of these professions do not need to comply with the regulations, with respect to the listed professions.

The professions listed are in respect of certain aviation, maritime and dangerous goods professions where there are existing multilateral international arrangements already in place between the UK and some or all EEA European Free Trade Association (EFTA) state members. Details on each profession is detailed below:

a. Aviation professions: The EEA EFTA States and Switzerland have entered into an agreement with the EU to participate in the European Union Aviation Safety Agency (EASA) system, by virtue of Article 129 of Regulation (EU) 2018/1139 (the EASA Basic Regulation) which requires the application of EU aviation safety legislation, including requirements on personnel licensing. This covers aviation professions listed in Schedule 2 of the Regulations.

Therefore, EEA EFTA States cannot independently enter into agreements with third countries on the recognition of licences and qualifications which come within the scope of the EU aviation safety legislative framework. UK regulators of aviation professions therefore cannot recognise EEA EFTA aviation qualifications under the terms of EEA EFTA RPQ agreements.

b. Maritime professions: The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the STCW) already covers RPQ arrangements for maritime professions between the UK and Norway and Iceland. Liechtenstein is not party to this agreement.

Since the UK is signatory to this agreement, regulators of maritime professions should continue to recognise professions obtained between Norway and Iceland provided the terms of the agreement are complied with.

c. Dangerous goods driving professions: The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) already covers international RPQ arrangements for these professions between the UK and Norway, Iceland and Liechtenstein and are incorporated into domestic legislation.

Therefore, parties to the ADR must accept qualifications from applicants from these countries provided the terms of the agreement are complied with.

Amendments to sectoral legislation

The regulations amend some sectoral legislation resulting from the implementation of the agreement. Amendments have been made in respect of sectoral legislation relating to:

• animal welfare professions
• education professions (England)
• F-gas handler professions
• food examiners
• healthcare professions
• professions of statutory auditors and local public auditors
• professions in transport

Amendments to healthcare legislation

The agreement is implemented for healthcare professions in Part 5 of Schedule 3 to the regulations which contains detailed amendments to healthcare legislation.

This approach aligns with the approach historically taken to implementing agreements relating to healthcare professions, owing to the detailed nature of legislation governing most healthcare professions.

Only applications to the GP and Specialist registers kept under the Medical Act 1983 and applications to use a title prescribed under s26(3) of the Dentists Act 1984 are subject to part 2 of the regulations.

Whilst the legislative approach to implementing the regulations for healthcare professions differs, healthcare regulators are still bound by the regulations to recognise comparable qualifications from Norway, Liechtenstein and Iceland, in the same way as other UK regulators.

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1. European Union (Recognition of Professional Qualifications) Regulations 2015 implemented part of EU Directive 2005/36/EC on the recognition of professional qualifications in the UK. ↩

2. Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 amended the 2015 Regulations to implement the temporary system. ↩

3. The Professional Qualifications Act 2022 (Commencement No. 3 and Savings and Transitional Provisions) Regulations 2023, ↩