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Amendment of Principal Act — insertion of section 27A (functions of registration boards: approval of qualifications, etc.).
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5.— The Principal Act is amended by inserting the following section after section 27:
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“Functions of registration boards: approval of qualifications, etc.
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27A.— (1) The registration board of a designated profession is designated, as of and from the day on which its register is established under section 36(1), as the competent authority for the designated profession concerned under Directive 2005/36/EC.
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(2) The registration board of a designated profession shall, on and after the day on which its register is established under section 36(1)—
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(a) act as the competent authority for the purposes of all matters referred to in Directive 2005/36/EC which relate to the role of a competent authority for the purposes of the recognition of professional qualifications of persons engaged in the designated profession concerned, and
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(b) assess, for the purposes of section 38(2)(c), the professional qualifications of persons referred to in that section in accordance with the procedures (if any) contained in bye-laws (if any) made under section 31(1)(e).
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(3) A person who was, immediately before the day on which the register of a registration board of a designated profession is established under section 36(1), the competent authority under Directive 2005/36/EC in relation to the designated profession concerned shall, notwithstanding subsections (1) and (2) but subject to subsection (4), continue to be the competent authority in relation to every application under that Directive in relation to that designated profession if, on or before that day—
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(a) a decision has not been made on the application concerned, and
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(b) the application has not been withdrawn.
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(4) The person referred to in subsection (3) shall continue to be the competent authority in relation to each application referred to in that subsection until a final decision is made on any appeal of that decision, but nothing in this section shall be construed as requiring or permitting that person, where the decision concerned is to require the applicant concerned to undertake a compensation measure, to assess that applicant’s completion of that compensation measure.”.
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