The Street Works (Qualifications of Operatives and Supervisors) (England) Regulations 2016

Prospective

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 67(1) of the New Roads and Street Works Act 1991 (“the 1991 Act”) places a duty on the undertaker, subject to exceptions, to secure that the execution of street works involving breaking up the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street, is supervised by a person having a prescribed qualification as a supervisor. Section 67(2) of the 1991 Act requires at least one trained operative to be on site at all times where an undertaker executes street works involving breaking up or opening the street or any sewer, drain or tunnel under it, or tunnelling or boring under the street.

These Regulations prescribe the qualifications needed for the types of work being executed by trained operatives and supervisors. They also allow for the operation of rules for the recognition of equivalent qualifications in relation to trained operatives and supervisors found in the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2050) (which implement in part Council Directive 2005/36/EC on the recognition of professional qualifications, as amended by Directive 2013/55/EU).

A person has a prescribed qualification for a type of work (listed in Schedule 1 or 2) if the person is qualified in that type of work and the additional types of work specified in regulation 3(1)(b) and (c) (for trained operatives) or (2)(b) and (c) (for supervisors). A person is qualified in a type of work if an approved body has issued a certificate of competence showing that the person has been assessed as having the required level of competence in that type of work (regulation 3(3)(a)). Provision is also made for the recognition of equivalent qualifications obtained in a relevant State (regulation 3(3)(b)), and for workers to hold a qualification where they have successfully completed either an adaptation period or passed an aptitude test (regulation 3(3)(c)). Certificates must be registered in the approved register.

Regulation 5 provides for equivalent qualifications from other parts of the United Kingdom. Regulation 7 provides for the Regulations to have no restriction on the provision of services of a trained operative or supervisor on a temporary basis.

Regulation 8 provides that the approved bodies for the purposes of issuing certificates of competence are those that have been formally recognised for that purpose in accordance with the rules and criteria set out in sections 132 and 133 of the Apprenticeships, Skills, Children and Learning Act 2009. The register of certificates is kept by the Scottish Qualifications Authority (regulation 8(2)).

Registration of a certificate expires after 5 years (regulation 9) but a certificate may be re-registered for any number of further periods in accordance with regulations 10 to 12. Those regulations provide for re-registration more than 12 months before expiry, within 12 months of expiry and after expiry. A person wishing to re-register a certificate for a type of work must obtain a renewal certificate for that type of work. An approved body may award a person a renewal certificate for a type of work if that person has been assessed or reassessed as having the required level of competence in that type of work (regulation 13).

Regulation 14 exempts fire and rescue authorities from the requirement to have one trained operative on site where works do not involve breaking up the road or any sewer, drain or tunnel under it, or tunnelling or boring under the road.

Regulation 15 and Schedule 3 contain provisions about the validity of certificate obtained under the Street Work (Qualifications of Supervisors and Operatives) (England) Regulations 2009 (S.I. 2009/2257).

Regulation 16 requires the Secretary of State to review the operation and effect of the Regulations and publish a report within 5 years after they come into force and every five years after that. Following a review, it will fall to the Secretary of State to consider whether the Regulations should continue in force with or without amendment. A further instrument would be needed to revoke the Regulations

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Traffic Division, Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and will be published alongside this instrument and its Explanatory Memorandum on www.legislation.gov.uk.