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Regulation 5 Authorised examinerI1

Northern Ireland

(1)

A public electricity supplier, an authorised manufacturer or an authorised repairer may nominate a competent person for the purpose of this regulation.

(2)

If the Director is satisfied that a person nominated under paragraph (1) is competent to carry out the functions contained or referred to in regulation 7 the Director may authorise that person to be an examiner for the purpose of certifying meters for the purpose of the Order.

(3)

Subject to paragraphs (6) and (7), an authorisation under paragraph (2) shall be granted for a period of 3 years but so that any such authorisation may be renewed from time to time.

(4)

A person authorised to be an examiner shall not be authorised to examine any meter which he has (wholly or partly) manufactured or repaired, or one which he has examined, tested or regulated in a capacity other than that of an examiner authorised under paragraph (2).

(5)

An authorisation granted by the Director to a person who satisfies the provisions of paragraph (2) shall be subject to the following conditions—

(a)

that the authorisation will only apply in respect of meters which have been manufactured or repaired (as the case may be) by the person by whom he was nominated under paragraph (1);

(b)

that, where regulation 9 applies, he will examine and test not less than the number of meters selected in accordance with a sampling procedure determined by the Director having regard to national or international sampling procedures or plans;

(c)

that he will send to the Director not more than seven days after the expiry of each month a report stating the number of meters which have been submitted to him in accordance with regulation 6 and the number of meters in respect of which a certificate has been issued under regulation 7 or 9 during the preceding month; and

(d)

that he will retain a copy of each certificate issued by him for a period of not less than one year from the date of issue and will produce the copy to the Director if requested to do so.

(6)

An authorisation under this regulation may be terminated at any time by the Director upon giving not less than 28 days' notice to the authorised person if—

(a)

he is in breach of any condition of his authorisation and (in the case of a breach which is capable of being remedied) has failed to remedy that breach as soon as reasonably practicable after notice has been given to him by the Director specifying the breach;

(b)

he fails to exercise proper care and attention in performing his functions under regulation 7 or 9; or

(c)

he is unable (otherwise than temporarily) to perform his functions under regulation 7 or 9.

(7)

Where—

(a)

a person nominated under paragraph (1) and authorised under paragraph (2) is temporarily unable for any reason to act as an authorised examiner; and

(b)

the person by whom he was nominated has nominated another person under paragraph (1) who has been authorised under paragraph (2); and

(c)

the person referred to in sub-paragraph (a) of this paragraph is again able to act as an authorised examiner,

the Director may give not less than 28 days in writing to the authorised person referred to in sub-paragraph (b) of this paragraph terminating his authorisation.

Annotations

Commencement

I1

Reg. 5 in operation at 1.2.1999, see reg. 1