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Regulation 2 InterpretationI1

Scotland

(1)

In these Regulations—

  • “the 1992 Regulations” means the Road Works (Qualifications of Supervisors and Operatives) (Scotland) Regulations 1992f1;

  • “the 2015 Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015f2;

  • “the Act” means the New Roads and Street Works Act 1991;

  • F1...

  • “approved assessment centre” means an establishment which carries out the assessment of competence in the types of work which should be done by a trained operative or supervisor;

  • “approved body” means a body listed in regulation 8(1);

  • “approved register” means the register mentioned in regulation 8(2);

  • F2...

  • “certificate” means a certificate of competence or certificate of recognition but does not include a renewal certificate;

  • “certificate of competence” means a qualification, an award or an equivalent certification in a type of work issued by an approved body;

  • “certificate of recognition” means a certificate of a type described in regulation 3(3)(b) F3...;

  • “competent authority” means a competent authority for the United Kingdom for regulating Road/Street Works Operatives and Road/Street Works Supervisors specified in Part 1 of schedule 1 of the 2015 Regulations;

  • F4“registration body” means Qualifications Scotland, established under section 1(1) of the Education (Scotland) Act 2025;

  • “renewal certificate” means a certificate issued in pursuance of regulation 13;

  • “supervisor” means a person by whom road works are required to be supervised under section 126(1) of the Act;

  • “trained operative” means a person whose presence at the site of road works is required under section 126(2) of the Act;

  • “type of work” means any of the types of work listed in schedules 1 and 2, and regulation 3(1)(b) and (2)(b).

(2)

For the purposes of these Regulations, a person has been—

(a)

assessed as having the required level of competence in a type of work if that person has passed a practical and theoretical assessment designed to demonstrate attainment of the required level of knowledge and understanding of, and skill in, that type of work; and

(b)

reassessed as having the required level of competence in a type of work if that person has passed a theoretical assessment designed to demonstrate that the required level of knowledge and understanding of that type of work has been retained and kept up to date since the previous assessment or reassessment.

Annotations

Textual amendments

F1

Words in reg. 2 omitted (1.4.2023) by virtue of The Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/33), regs. 1, 20(2)(a)

F2

Words in reg. 2 omitted (1.4.2023) by virtue of The Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/33), regs. 1, 20(2)(b)

F3

Words in reg. 2 omitted (1.4.2023) by virtue of The Road Works (Reinstatement Quality Plans, Qualifications of Supervisors and Operatives and Miscellaneous Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/33), regs. 1, 20(2)(c)

F4

Words in reg. 2(1) substituted (1.2.2026) by The Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2025 (S.S.I. 2025/385), reg. 1, sch. para. 8(2); S.S.I. 2026/2, reg. 2(2)(3), sch. Pt. 1

Commencement

I1

Reg. 2 in force at 4.9.2017, see reg. 1

Footnotes

f1

S.I. 1992/1675.

f2

S.I. 2015/2059, to which there are amendments not relevant to these Regulations.