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; [or]
(b)
a body approved by the [department 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] ; [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)