Commentary on provisions of Act Section 1: Power to provide for individuals to be treated as having UK qualifications
This Section provides a power which can be exercised by an "appropriate national authority", which is defined in Section 19 as the Secretary of State (or the Lord Chancellor), Scottish Ministers, Welsh Ministers or a Northern Ireland Department, depending on whether a regulated profession falls within devolved legislative competence. The power relates to a regulator’s decision about whether an individual with overseas qualifications or experience should be entitled to practise a regulated profession in the UK.
	It allows the appropriate national authority to, by regulations, specify that individuals who meet either of two conditions should be treated as if they had the UK qualifications or experience required to practise the profession. The first condition is that the regulator has assessed that the knowledge and skills of the individual are substantially the same as if they had the UK qualifications or experience. The second condition is that if the individual’s knowledge and skills are lacking, they have obtained further qualifications or experience to make up the difference.
	For the purposes of the Act, the term "regulator" refers to a person, usually an organisation, with functions under legislation relating to the regulation of a regulated profession. A regulator may cover the whole of the UK or a part or parts of it, namely: England, Wales, Scotland or Northern Ireland. The term "regulated profession" refers to where, under legislation, an individual must have certain qualifications or experience (or meet an alternative condition or requirement) to practise the professional activity or use a protected title.
	This Section is designed to allow regulators to assess an individual with qualifications or experience gained overseas any way the regulator sees fit, subject to the conditions set out in the Section and whatever other criteria may be provided for in regulations by the appropriate national authority. Regulations may, for example, make provision in relation to the acceptance and processing of applications, including, amongst other things, the relevant information, documentation, or fees connected to an application.
	Subsection (1) sets out that individuals are treated as if they had the UK qualification or experience required by the law to practise a particular profession. This is subject to either of the following two conditions being met.
	Subsection (2) sets out the first condition. This is that the regulator has decided that the individual with overseas qualifications or experience has demonstrated substantially the same knowledge and skills, to substantially the same standard, as an individual with the specified UK qualification or experience would demonstrate. Subsection (2) does not specify how regulators reach this decision and regulators can assess knowledge and skills as they see fit. However, further detail on the approach to be taken in assessing such qualifications may be set out in regulations made under subsection (1).
	Subsection (3) sets out the second condition. This is that the specified regulator has made a determination that an individual with overseas qualifications or overseas experience falls short of the necessary standard under subsection (2), and that the shortfall could be "made up" by meeting such additional conditions as the regulator may choose to specify where appropriate; and the individual has met those conditions. Whether or not the shortfall can be made up is for the regulator to decide.
	Subsection (4) sets out that a condition may be specified under subsection (1) regardless of whether or not it is connected to the specified UK qualification or experience. Subsection 4 also provides that regulations made under Section 1 may provide for the specified regulator making the determination in subsection (2) or (3) to do so only on the basis of overseas qualifications or experience, or on any other basis. The latter would allow a regulator to make a determination in (2) or (3) by considering, for example, both UK gained and overseas gained qualifications and experience, and/or any other criteria, such as language proficiency, proof of indemnity insurance, identity or criminal records checks.
	Where neither of the conditions in (2) or (3) are met, the individual with overseas qualifications or experience cannot be treated as if they have the UK qualification or experience under regulations made under Section 1.
	A determination under regulations made under Section 1 that an individual with overseas qualifications or experience should be treated as if they had the UK qualifications or experience does not necessarily, by itself, entitle the applicant to practise the relevant profession in the UK. Other requirements to practise in the UK, such as requirements to hold indemnity insurance, suitability requirements, safeguarding checks, criminal record checks, and visa requirements may also need to be satisfied.
	Subsection (5) provides that regulations made under Section 1 may include provisions relating to an individual’s application for a determination of whether their knowledge or skills meet UK standards.
	Subsection (6) sets out non-exhaustive examples of what regulations made under Section 1 may include. For example, these regulations may include provision requiring a regulator to have regard to guidance, the manner and form of applications, the fees payable and the appeals process. The appropriate national authorities may also wish to provide in regulations for those whose knowledge and skills do not meet the requirements in subsections (2) or (3) to be given reasons for that decision and, where a shortfall may be made up under subsection (3), appropriate information on the steps open to them to do so.
	Subsection (7) sets out how a UK qualification or UK experience may be specified for the purpose of this Section.
Section 1 should be read in conjunction with Section 14 (protection of regulator autonomy). Section 14 limits the potential effect of regulations made under Section 1, ensuring that they cannot remove the ability of a regulator of a regulated profession to prevent individuals who are unfit to practise 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.