Background and Purpose
These Regulations implement, in relation to Wales, provisions relating to the mutual recognition of professional qualifications contained in an agreement with Switzerland signed by the UK Government in June 2023 (“the Swiss Agreement”).
The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (“the 2023 Regulations”) implemented, in relation to Wales, provisions relating to the mutual recognition of professional qualifications contained in a free trade agreement with Iceland, Liechtenstein and Norway signed by the UK Government in July 2021.
These Regulations amend the 2023 Regulations to extend their application to Switzerland, amend other legislation for the purpose of implementing the Swiss Agreement and correct minor errors in the 2023 Regulations.
Procedure
Negative.
The Regulations were made by the Welsh Ministers before they were laid before the Senedd. The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd.
Technical Scrutiny
The following point is identified for reporting under Standing Order 21.2 in respect of this instrument.
1. Standing Order 21.2(v) – that for any particular reason its form or meaning needs further explanation.
These Regulations amend Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and the Ozone-Depleting Substances Regulations 2015, both of which extend and apply beyond England and Wales to Great Britain and Northern Ireland.
The Welsh Government is therefore asked to explain why these Regulations do not contain provision confirming the territorial application of those amendments, given that the amendments made by these Regulations may only extend to England and Wales (and apply in relation to Wales).
Merits Scrutiny
The following point is identified for reporting under Standing Order 21.3 in respect of this instrument.
2. Standing Order 21.3(ii) – that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Senedd.
The Explanatory Memorandum to these Regulations notes that:
“Under the terms of the Swiss Agreement, each party must have measures in place to ensure compliance with its terms by 1 January 2025. [These]…Regulations will therefore come into force on 1 January 2025 to ensure the Welsh regulators have a clear statutory duty to comply with the requirements of the Swiss Agreement from that date.”
Welsh Government response
A Welsh Government response to the technical reporting point is required.
Legal Advisers
Legislation, Justice and Constitution Committee
3 December 2024