The regulation of professions
A regulated profession is one in which there are restrictions to pursuing the activities or a subset of activities of the profession, such as for doctors, and/or legal restrictions for using a professional title, such as the use of "architect" in the UK.
	Regulating professions by law is usually done to protect the public interest. Professions that are regulated in this way typically have requirements to practise in the UK, or part of the UK, which include licensing and certification. Licensing is where the individual cannot practise unless their qualification meets standards set out in legislation, such as a nurse. Certification can be by a public authority established for that purpose by legislation, such as the Architects Registration Board certifying architects.
	Regulating professions is a critical element of UK public and private services. It ensures safety in service provision, provides consumer confidence, and helps to maintain professional standards. Qualification requirements for professionals help make sure that people have the appropriate professional knowledge, skills and experience to undertake certain activities. In the UK there are over 200 professions that are regulated by legislation by a network of more than 80 regulators, in addition to a range of other professions that are regulated voluntarily. 1
	Recognition requirements make sure that holders of professional qualifications obtained in other jurisdictions have the professional knowledge, skills and experience required to practise in the UK. In many cases the professional title which goes with the professional recognition means that those individuals can responsibly practise professions which hold a higher degree of risk, for example an architect. Some regulatory bodies in the UK can recognise professional qualifications from overseas to grant access to that profession in the UK, or part of the UK. Overseas professionals play an important role in many professions in addressing current and future workforce needs.
	The recognition of professional qualifications is often covered in international trade negotiations. In order to provide services overseas, many UK services providers need their qualifications to be recognised in the host country. Qualification recognition, or a lack of it, can be an enabler or a constraint on professionals qualified in one country bidding for and winning contracts to provide services in another. In most FTAs the UK has signed so far, the professional qualifications provisions – and the implementation of them – will not place new requirements on regulators. They create provisions which regulators can utilise if they choose to do so. However, some FTAs, such as the UK’s recent agreement with the EEA EFTA states 2 , can require the Government to place obligations on regulators.
	While qualification recognition is important in addressing workforce needs and supporting trade, it also plays a key role in ensuring that the UK is meeting its commitments to uphold the Common Travel Area (CTA). The CTA is a long-standing political arrangement between the UK and Ireland which pre-dates both the UK and Ireland’s membership of the EU. Under the CTA, UK and Irish citizens can move freely and reside in either jurisdiction and enjoy associated rights and privileges, including the right to work.
	A Memorandum of Understanding (MoU) concerning the CTA was signed by the UK and Irish governments in 2019, reinforcing both parties’ existing commitments to the CTA as the UK prepared for exiting the EU. The MoU states that recognition of professional qualifications ‘is an essential facilitator of the right to work’ and therefore, both the UK and Irish governments have agreed to ensure there are adequate routes to recognition for qualified professionals across the UK and Ireland. These routes to recognition will be established either through UK and Irish regulators putting in place routes for their profession on a unilateral basis, or through recognition arrangements either agreed between UK and Irish regulators and professional bodies or using the UK-EU Trade and Cooperation Agreement mutual recognition agreement framework.