[F1PART 2N.I.Provisions relating to the 2010 Act]

Textual Amendments

11.—(1) An individual shall be regarded as professionally competent [F2under section 12A(3)(a)(i) of the 2010 Act or regulation 13A(1)(c)] if, and only if—

(a)that person has demonstrated that they possess 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)that person is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this paragraph by the Department.

(2) The approved body may exempt an individual from certain parts of the examination mentioned in paragraph (3)(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 paragraph by the Department.

(3) The written examination mentioned in paragraph (3)(a) may be supplemented by an oral examination organised by the approved body in the form set out in Annex I to Regulation 1071/2009.

(4) In this regulation—

  • “approved body” mentioned in paragraph (4) means—

    (a)

    a body approved by the Secretary of State for the purposes of paragraph 13(3) of Schedule 3 to the Goods Vehicles (Licensing of Operators ) Act 1995 M1; or

    (b)

    [F3a body approved by the Department for Infrastructure for the purposes of [F4this regulation] ; 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 Regulation 1071/2009 in the subjects there listed.

Textual Amendments

Marginal Citations