The European Communities (Recognition of Qualifications and Experience) (Third General System) Regulations 2002, SCHEDULE 1 — Qualifications and Experience for Certificates of Experience (1–4) — Full Text

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In this Schedule, “applicant” means a person who has made an application to the Secretary of State for the issue of a Certificate of Experience.

(1) In the case of activities appearing in Part One of Annex A to the Directive the relevant qualifications and experience are that the applicant has pursued the activity in the United Kingdom— (a) in the case of activities in List I: (i) for six consecutive years in either a self-employed capacity or as a manager of an undertaking; or (ii) for three consecutive years in a self-employed capacity or as a manager of a undertaking where he proves that he has received at least three years’ prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements; or (iii) for three consecutive years in a self-employed capacity where he proves that he has pursued the activity in question for at least five years in an employed capacity; or (iv) for five consecutive years in a managerial capacity of which at least three years were spent in technical posts with responsibility for one or more departments of the undertaking where he proves that he has received at least three years’ prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements, and in the cases referred to in sub-paragraphs (i) and (iii), the applicant shall have pursued the activity during a period ending not more than 10 years prior to the application; or (b) in the case of the activities in List II: (i) for six consecutive years in either a self-employed capacity or as a manager of an undertaking; or (ii) for three consecutive years in a self-employed capacity or as a manager of an undertaking where he proves that he has received at least three years’ prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements; or (iii) for four consecutive years in a self-employed capacity or as a manager of an undertaking where he proves that he has received at least two years’ prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements; or (iv) for three consecutive years in a self-employed capacity or as a manager of an undertaking where he proves that he has pursued the activity in question for at least five years in an employed capacity; or (v) for five consecutive years in an employed capacity where he proves that he has received at least three years’ prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements; or (vi) for six consecutive years in an employed capacity where he proves that he has received at least two years’ prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements, and in the cases referred to in sub-paragraphs (i) and (iii), the applicant shall have pursued the activity during a period ending not more than 10 years prior to the application; or (c) in the case of the activities in List III: (i) for six consecutive years in either a self-employed capacity or as a manager of an undertaking: or (ii) for three consecutive years in a self-employed capacity or as a manager or an undertaking, where he proves that he has received at least three years’ prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements; or (iii) for three consecutive years in a self-employed capacity where he proves that he has pursued the activity in question for at least five years in an employed capacity, and in the cases referred to in sub-paragraphs (i) and (iii), the applicant shall have pursued the activity during a period ending not more than 10 years prior to the application; or (d) in the case of the activities in List IV: (i) for five consecutive years in either a self-employed capacity or as a manager of an undertaking; or (ii) for two consecutive years in a self-employed capacity or as a manager of an undertaking where he proves that he has received at least three years’ prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements; or (iii) for three consecutive years in a self-employed capacity or as a manager of an undertaking where he proves that he has received at least two years’ prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements; or (iv) for two consecutive years in a self-employed capacity or as a manager of an undertaking where he proves that he has pursued the activity in question for at least three years in an employed capacity; or (v) for three consecutive years in an employed capacity where he proves that he has received at least two years’ previous training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements; or (e) in the case of the activities in List V(a) and (b), (i) for three years in a self-employed capacity or as a manager of an undertaking, provided that pursuit of the activity in question did not cease more than two years before the date on which the application is made; (ii) for three years in a self-employed capacity or as a manager of an undertaking, provided that, except in cases where the Member State in which the activity in respect of which the Certificate of Experience is sought permits its nationals to interrupt their pursuit of that activity for a longer period, pursuit of the activity in question did not cease more than two years before the date on which the application is made; or (f) in the case of the activities in List VI: (i) for three consecutive years in either a self-employed capacity or as a manager of an undertaking; or (ii) for two consecutive years in a self-employed capacity or as a manager of an undertaking where he proves that he has received prior training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements; or (iii) for two consecutive years in a self-employed capacity or as a manager of an undertaking where he proves that he has pursued the activity in question for at least three years in an employed capacity; or (iv) for three consecutive years in an employed capacity where he proves that he has received previous training for the activity in question, attested by a nationally recognised certificate or regarded by a competent professional or trade body as fully satisfying its requirements, and in the cases referred to in sub-paragraphs (i) and (iii), the applicant shall have pursued the activity during a period ending not more than 10 years prior to the application;. (2) In the case of other activities referred to in Annex A, the relevant experience and qualifications are possession of general, commercial or professional knowledge or ability evidenced by the pursuit in the United Kingdom of the activity in question

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If an applicant has worked as mentioned in subparagraphs (a)(ii) and (iv), (b)(ii) and (iv), (c)(ii), (d)(ii), (iii) and (v), and has received at least two years but less than three years prior training, the requirements of paragraph 1 shall be satisfied if the time he has spent working and the time he has spent training together equal— (a) 6 years, in the cases of subparagraphs (a)(ii), (b)(ii) and (c)(ii); (b) 8 years, in the cases of subparagraphs (a)(iv) (b)(ii) and (iv); (c) 5 years, in the case of subparagraph (d)(ii)(iii) and (v).

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A person shall be regarded as having pursued an activity as a manager of an undertaking for the purposes of this Schedule if he has pursued such an activity in an undertaking in the occupational field in question: (a) as a manager of an undertaking or a manager of a branch of an undertaking; or (b) as a deputy to the proprietor or the manager of an undertaking where that post involves responsibility equivalent to that of the proprietor or manager represented; or (c) in a managerial post with duties of a commercial and/or technical nature and with responsibility for one or more departments of the undertaking.