Part 3: Professional Qualifications and Regulations UK Market Access: Professional qualifications and regulation Section 26: Exception from section 24 where individual assessment offered
This section sets out an exception to the application of the automatic recognition principle in section 24.
	Subsection (1) provides that the automatic recognition principle will not apply where a process which complies with the section enables a UK resident to seek recognition of their professional qualifications or experience in order to practise the profession concerned. This does not affect the position of any individual who has practised the profession before the process was available (who will still be able to rely on automatic recognition).
	Subsection (2) provides that the process must allow the relevant regulatory body to be able to grant access to the profession following an application by a UK resident.
	Subsection (3) provides that any process engaging this section must comply with the principles set out in subsection (4).
	The principles in subsection (4) include qualifications or experience obtained in one part of the UK should be treated equally to like qualifications or experience obtained in the part where recognition is sought and should be able to be relied on to demonstrate the necessary knowledge and skills required to access the profession.
	Subsection (4) also provides that where an applicant cannot in reliance on qualifications and experience alone demonstrate the necessary knowledge and skills required to access a specific profession, the process should allow the applicant to undertake a test or assessment in order to be able to demonstrate that they do in fact have the knowledge and skills that are not demonstrated by their qualifications or experience.
	Subsection (4) further provides that if the applicant can demonstrate the necessary knowledge and skills, either on the basis of the qualifications or experience they can evidence, or through the test or assessment, the regulatory body should recognise the applicant and allow them to practise the profession in that part of the UK.
	Subsection (5) and (6) set out a situation where a regulatory body does not have to offer an assessment in accordance with subsection (4) before declining an application. In effect, this is where the gaps in the applicant’s knowledge and skills are such that an individual assessment would be just as demanding as doing whatever would be needed for the applicant to obtain the qualifications or experience that are normally needed to access the profession.
	Subsection (7) and (8) provide that a decision on an application under the process must be made within reasonable time and sets out the consequences if that is not done (namely that automatic recognition can be relied on once the failure is established).
	Subsection (9) provides that the regulatory body must publish information about the procedure for making an application under the process, including providing information on how the process satisfies the principles it must comply with.
	Subsection (10) defines terms used in this section. In the event that there is no specific regulatory body responsible for a profession, it provides that the responsibility for administering a process complying with the clause will rest on relevant minister or department.