Mandatory Electrical checks - Private rentals in Scotland

[ban-all-sheds]

What am I missing here?

Apart from in the febrile minds of idiots or Europhobes does a requirement for people to have appropriate qualifications amount to discrimination on the grounds of nationality?

Item 3 (b) seems to cover it.

And so does 3(c).

I am a UK national, born here and all that, but I would not be allowed to do that work in Scotland because I don't have the required qualifications. I am not being discriminated against because of my nationality, and neither would anybody else of any nationality who also did not have the required qualifications.

There is nothing in the legislation/guidance referenced so far which says that nationality is a factor. It does not contravene Article 45.

 

[JohnW2]

Apart from in the febrile minds of idiots or Europhobes does a requirement for people to have appropriate qualifications amount to discrimination on the grounds of nationality?

It doesn't - and 'they' would undoubtedly like to see total interchangeability (mutual recognition) of 'appropriate qualifications' However 45.3(c) OF TFEU (aka 48.3(c) of ToR) seemingly implicitly recognises that this is not necessarily always going to be the case ....

.... employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action; ...

Kind Regards, John

 

[PBC_1966]

does a requirement for people to have appropriate qualifications amount to discrimination on the grounds of nationality?

No, not in itself. But as John has pointed out, the EU certainly likes to push for the recognition of qualifications across national boundaries as part of its "free movement" agenda, so this does seem a little out of step with that.

It's not just qualifications but standards too, remember, in which the EU pushes for every member to recognize the "equivalent standard" of another member state (hence, no doubt, the mention of various EU standards along with BS7671 in the Approved Document for Part P).

 

[stillp]

the EU pushes for every member to recognize the "equivalent standard" of another member state (hence, no doubt, the mention of various EU standards along with BS7671 in the Approved Document for Part P).

Where did you get that from? Are you confusing the EU with CENELEC?

 

[PBC_1966]

Standards in general, not just specifically electrical.

 

[stillp]

Alright, are you confusing the EU with CEN and CENELEC? Those organisations require their members to withdraw any national standards that overlap or conflict with European standards, but the EU has nothing to do with that process.

 

[PBC_1966]

A harmonised standard is a European standard developed by a recognised European Standards Organisation: CEN, CENELEC, or ETSI. It is created following a request from the European Commission to one of these organisations. Manufacturers, other economic operators, or conformity assessment bodies can use harmonised standards to demonstrate that products, services, or processes comply with relevant EU legislation.

http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/index_en.htm

 

[stillp]

Yes, I know that. What's your point? Those are standards that support particular EC Directives by providing a Presumption of Conformity to some or all of the EHSRs. They are developed by CEN and CENELEC. They are not "equivalent standards of another Member State.

 

[ban-all-sheds]

Yes, I know that. What's your point?

I'm beginning to think that he doesn't like standards. Any standards.