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41. For regulation 35, substitute—
35.—(1) Without prejudice to regulation 37, if the Department considers that the holder of a European train driving licence no longer satisfies a condition required for the holding of it the Department may—
(a)inform the safety authority of this view;
(b)give the safety authority a reasoned request for a review of the holder’s eligibility to hold the licence, or for the licence to be suspended or withdrawn; and
(c)notify the other safety authorities of the request.
(2) Without prejudice to regulation 37, if the Department considers that the holder of a GB train driving licence no longer satisfies a condition required for the holding of it the Department must—
(a)inform the Office of Rail and Road of this view; and
(b)give the Office of Rail and Road a reasoned request for a review of the holder’s eligibility to hold the licence, or for the licence to be suspended or withdrawn.
(3) Pending any suspension or withdrawal of the licence, or other conclusion on the request under paragraph (1)(b) or (2)(b), the Department may prohibit the train driver from driving a train in Northern Ireland.”.
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