Professional competenceE+W+S
7E+W+SIn this Schedule references to “the requirement of professional competence” are references to any requirement imposed by a provision of this Act that a person be (or continue to be) professionally competent.
8(1)The requirement of professional competence falls to be satisfied by an individual.E+W+S
(2)Accordingly, where a company is required to satisfy that requirement, it does so if and so long as—
(a)it has in respect of its road transport undertaking a transport manager or managers, and such number of them as the traffic commissioner concerned may require; and
(b)that transport manager, or (as the case may be) each such manager, is—
(i)of good repute, and
(ii)professionally competent.
9E+W+SWhere an individual is not himself professionally competent, he shall be regarded as satisfying the requirement of professional competence if and so long as he has as the transport manager of the transport undertaking which he carries on an individual who is—
(a)of good repute, and
(b)professionally competent.
10E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12E+W+SParagraphs 1 to 5 shall have effect for the purposes of any provision of [paragraphs 8 and 9] by virtue of which it falls to be determined whether or not a transport manager is of good repute as they have effect for the purpose of determining for the purposes of any other provision of this Act whether or not any other individual is of good repute, but disregarding the reference in paragraph 1(1)(a) to the servants or agents of an individual.
13(1)An individual shall be regarded as professionally competent if, and only if—E+W+S
(a)he has demonstrated that he possesses the requisite 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 sub-paragraph by the Secretary of State.
[(1A)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.]
[(2)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 [the 2009 Regulation].
(2A)The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in [Annex 3 to that Regulation and must have security features in compliance with Annex 2 to that Regulation].]
(3)In sub-paragraph (1)—
“approved body” means—
(a)
a body approved by the Secretary of State for the purposes of that sub-paragraph;
(b)
a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46A(5)(c) of the Transport Act (Northern Ireland) 1967; or
(c)
a body or authority designated for the purposes of [Article 8.3 of the 2009 Regulation] by a member State other than the United Kingdom; and
[“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 [that Regulation] in the subjects there listed.]
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations
14E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .