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.
[F1(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.]
[F2(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 [F3the 2009 Regulation].
(2A)The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in [F4Annex 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 body approved by the Secretary of State for the purposes of that sub-paragraph; [F5or]
a body approved by the [F6department in Northern Ireland that, by order made under the Departments (Northern Ireland) Order 1999, is responsible for exercising the functions of a department under the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010] ; [F7and]
F8...
[F9“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 [F10that Regulation] in the subjects there listed.]
Textual Amendments
F1Sch. 3 para. 13(1A) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(5)(a) (with Sch. 3 Pt. 2)
F2Sch. 3 para. 13(2)(2A) substituted (1.10.1999) for para. 13(2) by S.I. 1999/2430, reg. 4(1) (with saving in reg. 5(3)(4))
F3Words in Sch. 3 para. 13(2) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(5)(b) (with Sch. 3 Pt. 2)
F4Words in Sch. 3 para. 13(2A) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(5)(c) (with Sch. 3 Pt. 2)
F5Word in Sch. 3 para. 13(3) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Sch. 3 para. 13(3) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 54(7)
F7Word in Sch. 3 para. 13(3) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Sch. 3 para. 13(3) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 2(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F9Definition in Sch. 3 para. 13(3) substituted (1.10.1999) by S.I. 1999/2430, reg. 4(2)(b)(with savings in reg. 5(3)(4))
F10Words in Sch. 3 para. 13(3) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 2 para. 20(5)(d)(ii) (with Sch. 3 Pt. 2)
Modifications etc. (not altering text)
C1Sch. 3 para. 13 modified (1.10.1999) by S.I. 1999/2430, reg. 5(4)
