Commentary on provisions of Act Section 3: Implementation of international recognition arrangements
Section 3(1) (read with subsection (4)) establishes that the "appropriate national authority" can make regulations to implement any parts of international agreements that the UK has entered into that relate to the recognition of professional qualifications.
	This would include the relevant sections of free trade agreements and specific agreements on the recognition of professional qualifications that the UK makes with an international partner. It includes future agreements negotiated from scratch between the UK and international partners and ones already in existence that the UK accedes to. It includes agreements with a single partner and agreements with several international partners, such as the UK-EEA EFTA States free trade agreement. For example, as a result of the agreement with the EEA-EFTA States, UK regulators will be required to operate a system to recognise qualifying qualifications obtained in the EEA EFTA states. This means that professionals with these qualifications who meet the required standards can practise in a regulated profession in the UK. This agreement also contains a mutual recognition agreement (MRA) framework for regulators wishing to agree profession-specific arrangements. The agreement will not affect UK national authorities’ and regulators’ autonomy to uphold professional standards for UK regulated professions.
	This power will not be necessary to implement any MRAs agreed through the EU-UK Trade and Cooperation Agreement, which can be implemented using powers in the European Union (Future Relationship) Act 2020. However, it will be necessary to implement the recognition of professional qualifications provisions of ongoing and future international agreements, so far as doing so falls outside the powers available in the Trade Act 2021 to implement international trade agreements where the other signatory (or signatories) had an agreement with the EU immediately before exit day.
	Subsection (4) of the Section provides further clarification around what provisions can be implemented under this power. It explains that "international recognition agreement", as used in this Section, refers only to the portions of international agreements relating to the recognition of overseas qualifications or experience. Therefore, any aspect of international agreements not concerned with the recognition of professional qualifications cannot be implemented under this power, even if the agreement which they are part of contains provisions on the recognition of professional qualifications.
	Subsection (5) provides further clarification on the provisions that can be implemented under this power, noting that modifications and amendments to the UK’s international agreements (as long as they are made in line with the provisions of the original agreement) can be implemented through this power. An example of such a modification intended to be covered by subsection (5) includes, for instance, a new Mutual Recognition Agreement annexed to an existing international agreement the UK is party to.
	Subsection (2) explains that the regulations made under this Section may deal with the following topics to support the implementation of these international agreements:
First, conferring functions on a person. This includes a corporate or any other legal entity. This might be necessary, for example, to confer functions on a regulator to enable them to comply with the processes established in an international agreement around the recognition of qualifications from another country.
Second, for the sharing of information. This might be necessary where an international agreement stipulates that UK regulators and overseas regulators must share information to facilitate the recognition of qualifications.
Third, provisions to charge fees. This may be necessary if an international agreement references fees and to ensure that regulators can charge appropriately for any systems established under international agreements.
	Subsection (3) clarifies that regulations made using this Section that concern information sharing cannot contravene the UK’s data protection legislation.
Section 3 should be read in conjunction with Section 14 (protection of regulator autonomy). This Section limits the potential effect of regulations made under Section 3, ensuring that they cannot remove the ability of a regulator of a regulated profession to prevent individuals who are unfit to practice from doing so, or have a material adverse effect on any regulated profession in terms of the knowledge and skills of the individuals practising it.