Professional competence
7In 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.
(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.
9Where 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.
10Where the holder of a standard licence relies on a single transport manager to satisfy the requirement of professional competence and that manager—
(a)dies,
(b)ceases, by reason of physical disability or mental disorder, to be capable of discharging his duties as transport manager,
(c)ceases to work for the business, or
(d)ceases to be of good repute,
the holder of the licence shall not be treated as failing to satisfy the requirement of professional competence until the expiry of such period (not exceeding 18 months) as, in the opinion of the traffic commissioner by whom the licence was issued, is reasonably required for the appointment of a new transport manager.
11Where—
(a)the holder of a standard licence is a company which has two or more transport managers, and
(b)any of those managers ceases to be of good repute,
the company shall not be treated as failing to satisfy the requirement of professional competence until the expiry of such period as, in the opinion of the traffic commissioner by whom the licence was issued, is reasonably required for that manager’s removal or the appointment of another transport manager in his place.
12Paragraphs 1 to 5 shall have effect for the purposes of any provision of paragraphs 8 to 11 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—
(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.
(2)The written examination mentioned in sub-paragraph (1)(a) may take the form of a multiple-choice examination.
(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 [1967 c. 37 (N.I.).] Transport Act (Northern Ireland) 1967; or
(c)
a body or authority designated for the purposes of Article 3.4 of the 1974 Council Directive by a member State other than the United Kingdom; and
“the requisite skills” means skills in the subjects listed in Part A and, in the case of a licence to cover international operations, Part B, of the Annex to the 1974 Council Directive.
14In relation to a certificate of professional competence which was issued before 4 February 1991, or which was issued on or after that date to a person who before that date passed the whole or any part of the examination leading to the issue of that certificate, paragraph 13 has effect with the following modifications—
(a)for sub-paragraph (1)(a) there shall be substituted—
“(a)he is the holder of a certificate issued by an approved body to the effect that he possesses the requisite skills; or”;
(b)sub-paragraph (2) shall be omitted; and
(c)references in sub-paragraph (3) to the 1974 Council Directive shall be construed as references to that Directive as it had effect immediately before it was amended by [O.J. No. L212.] Community Council Directive No.89/438/EEC dated 21 June 1989.