SCHEDULES
SCHEDULE 3 Supplementary Provision as to Qualifications for PSV Operator’s Licence
Professional competence
C13
References in Part II of this Act to professional competence are to the professional competence of an individual; and a company satisfies the requirement as to professional competence if, and so long as, F1it has a transport manager or transport managers of its road transport business who, or each of whom, is of good repute and professionally competent.
4
Where an individual is not himself professionally competent, the requirement as to professional competence shall be regarded as satisfied in relation to him if, and so long as, he has a transport manager of his road passenger transport business who is of good repute and professionally competent.
F5C25
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6
F21
F6... an individual shall be regarded as professionally competent for the purposes of Part II of this Act if, and only if,—
F3a
he has demonstrated that he possesses the requiste skills by passing a written examination organised by an approved body and is the holder of a certificate to that effect issued by that body; or
b
he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this paragraph by the Secretary of State.
F71A
The approved body may exempt an individual from certain parts of the examination mentioned in sub-paragraph (1)(a) if the individual is the holder of a certificate of competence, diploma or other qualification which covers those parts and which is recognised for the purposes of this sub-paragraph by the Secretary of State.
F42
The written examination mentioned in sub-paragraph (1)(a) may be supplemented by an oral examination organised by the approved body in the form set out in Annex I to F8the 2009 Regulation.
3
The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in F9Annex III to that Regulation and must have security features in compliance with Annex II to that Regulation.
F107
1
In paragraph 6 above—
a
“approved body” means—
i
a body approved by the Secretary of State for the purposes of that paragraph; or
ii
a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46D(1)(b) of the Transport Act (Northern Ireland) 1967; or
iii
a body or authority designated by a member State for the purposes of Article 8.3 of the 2009 Regulation (EU);
b
“the requisite skills” means knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to the 2009 Regulation in the subjects there listed.
2
In the case of an examination organised or a certificate issued by an approved body specified in sub-paragraph (1)(a)(iii), references to the 2009 Regulation in sub-paragraph (1)(b) and paragraphs 6(2) and (3) are references to the 2009 Regulation (EU).