The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023
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Change 1
9 Aptitude tests and adaptation periods
(1) Subject to paragraph (1A), a regulator may require an applicant to take an aptitude test, standardised or otherwise, or to complete an adaptation period or to undertake both where— (a) there exists a substantial difference between the applicant’s professional qualifications and the essential knowledge or skills required to practise the regulated profession; or (b) the regulated profession comprises one or more professional activities that cover substantially different matters from those covered by the applicant’s professional qualifications. (1A) A legal regulator wishing to impose a requirement under paragraph (1) in relation to an applicant who is a Swiss qualified lawyer— (a) may not require the Swiss qualified lawyer to undertake both an aptitude test and an adaptation period; and (b) must allow the Swiss qualified lawyer to choose whether to take an aptitude test or to complete an adaptation period in accordance with regulation 9A (adaptation periods for Swiss qualified lawyers). (2) A regulator must consider whether any requirement to take an aptitude test or to complete an adaptation period or to undertake both is proportionate to the difference sought to be addressed. (3) If requested to do so by an applicant, a regulator must, to the extent possible, provide its reasons in writing for requiring the applicant to take an aptitude test or to complete an adaptation period or to undertake both. (4) Where a regulator requires applicants to undertake an aptitude test, the regulator must schedule tests with reasonable frequency and at least once a year.
9 Aptitude tests and adaptation periods
(1) Subject to paragraph (1A), a regulator may require an applicant to take an aptitude test, standardised or otherwise, or to complete an adaptation period or to undertake both where— (a) there exists a substantial difference between the applicant’s professional qualifications and the essential knowledge or skills required to practise the regulated profession; or (b) the regulated profession comprises one or more professional activities that cover substantially different matters from those covered by the applicant’s professional qualifications. (1A) A legal regulator wishing to impose a requirement under paragraph (1) in relation to an applicant who is a Swiss qualified lawyer— (a) may not require the Swiss qualified lawyer to undertake both an aptitude test and an adaptation period; and (b) must allow the Swiss qualified lawyer to choose whether to take an aptitude test or to complete an adaptation period in accordance with regulation 9A (adaptation periods for Swiss qualified lawyers). (2) A regulator must consider whether any requirement to take an aptitude test or to complete an adaptation period or to undertake both is proportionate to the difference sought to be addressed. (3) If requested to do so by an applicant, a regulator must, to the extent possible, provide its reasons in writing for requiring the applicant to take an aptitude test or to complete an adaptation period or to undertake both. (4) Where a regulator requires applicants to undertake an aptitude test, the regulator must schedule tests with reasonable frequency and at least once a year.
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