The Fluorinated Greenhouse Gases Regulations 2009 (revoked)

Qualification of individuals relating to certain stationary equipment U.K.

20.—(1) Subject to paragraphs (3) to (7) and regulation 25, it is an offence if an individual—

(a) carries out an activity referred to in paragraph (2) relating to stationary refrigeration, air conditioning and heat pump equipment, and

(b) does not hold a stationary equipment qualification,

in contravention of Article 4.1 of Commission Regulation 303/2008.

(2) The activities are—

(a) leakage checking of equipment containing—

(i) 3 kilograms or more of fluorinated greenhouse gases, or

(ii) 6 kilograms or more of fluorinated greenhouse gases with hermetically sealed systems, which are labelled as such,

(b) the recovery of fluorinated greenhouse gases,

(c) installation, and

(d) maintenance or servicing,

but not an exempt activity.

(3) Paragraph (1) does not apply to an individual who—

(a) is enrolled on a training course for the purpose of obtaining a stationary equipment qualification in respect of an activity referred to in paragraph (2), and

(b) carries out that activity under the supervision of an individual who does hold a stationary equipment qualification in respect of the activity in question,

for a period of two years from the date on which that individual enrolled on the training course referred to in sub-paragraph (a).

(4) Up to and including 3rd July 2009, paragraph (1) does not apply, as regards any of the activities referred to in paragraph (5), to an individual who carried out the activity in question before 4th July 2008 without supervision.

(5) The activities are—

(a) the recovery of fluorinated greenhouse gases,

(b) installation, and

(c) maintenance or servicing,

in relation to refrigeration, air conditioning and heat pump equipment containing less than 3 kilograms of fluorinated greenhouse gases.

(6) Paragraph (1) does not apply to an individual who—

(a) holds an interim certificate issued under Article 6.3, or

(b) is deemed to hold an interim certificate under Article 6.2,

of Commission Regulation 303/2008 in respect of an activity referred to in paragraph (2) and who carries out the activity in question.

(7) Paragraph (1) does not apply to an individual who—

(a) undertakes brazing, soldering or welding in connection with an activity referred to in paragraph (2) under the supervision of an individual qualified to carry out that activity by virtue of being the holder of a relevant qualification or being a deemed holder of an interim certificate under Article 6.2 of Commission Regulation 303/2008; and

(b) is suitably qualified for the purposes of paragraph 3.1.2 of Schedule 2 to the Pressure Equipment Regulations 1999 M1 .

(8) In this regulation—

(a) “exempt activity” means a manufacturing or repair activity undertaken at the site of the manufacturer of stationary refrigeration, air conditioning or heat pump equipment containing fluorinated greenhouse gases;

(b) “stationary equipment qualification” means a valid certificate issued by the City and Guilds of London Institute or by the Construction Industry Training Board under Article 5.1, 5.3 or 5.4 of Commission Regulation 303/2008;

(c) “installation” and “maintenance or servicing” have the meaning given in Article 3 of Commission Regulation 303/2008; and

(d) “relevant qualification” means—

(i) a stationary equipment qualification; or

(ii) an interim certificate issued under Article 6.3 of Commission Regulation 303/2008.

Marginal Citations

M1 S.I. 1999/200, to which there are amendments not relevant to these Regulations.