Regulation 4 Meaning of “competent”E1

England, Scotland and Northern Ireland

F1(1)

For the purposes of this Part of these Regulations—

(a)

a person is competent to carry out relevant work whilst performing a task specified in column 1 of the Table in Schedule 2 in respect of the equipment specified in the corresponding entry in column 2 of that Table if that person has obtained any of the qualifications specified in the corresponding entry in column 3 of that Table F2, or has obtained the equivalent of those qualifications in a specified state;

(b)

a person is competent to carry out any other relevant work to which paragraph (a) does not apply if that person has obtained an in-house qualification in respect of that other relevant work;

F3(c)

a person is competent to carry out work with methyl bromide if that person has—

(i)

obtained the British Pest Control Association Certificate of Proficiency for Fumigation Operators and successfully completed the British Pest Control Association module referred to in the list in Schedule 3 which relates to the work in question; or

(ii)

obtained an equivalent certificate, and successfully completed an equivalent module, in a specified state.

F4(2)

For the purposes of this regulation, a “specified state” means one of the states specified in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.

Annotations

Textual amendments

F1: Reg. 4 renumbered as reg. 4(1) (E.S.N.I.) (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 7(2) (as amended by S.I. 2023/1294, regs. 1, 14(2))
F2: Words in reg. 4(1)(a) inserted (E.S.N.I.) (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 7(3)(a) (as amended by S.I. 2023/1294, regs. 1, 14(2))
F3: Reg. 4(1)(c) substituted (E.S.N.I.) (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 7(3)(b) (as amended by S.I. 2023/1294, regs. 1, 14(2))
F4: Reg. 4(2) inserted (E.S.N.I.) (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 7(4) (as amended by S.I. 2023/1294, regs. 1, 14(2))

Extent

E1: This version of this provision extends to England, Scotland and Northern Ireland only; a separate version has been created for Wales only