OpenLegislation

Regulation 3 Prescribed qualificationsI1

Scotland

(1)

For the purposes of section 126 of the Act, a person has a prescribed qualification as a trained operative for a type of work (T) listed in schedule 1 if that person is qualified in—

(a)

T; and

(b)

the following additional types of work—

(i)

O1 - signing, lighting and guarding; and

(ii)

LA - location and avoidance of underground apparatus.

(2)

For the purposes of section 126 of the Act, a person has a prescribed qualification as a supervisor for a type of work (S) listed in schedule 2 if that person is qualified in—

(a)

S; and

(b)

the following additional types of work—

(i)

S1 - monitoring of signing, lighting and guarding; and

(ii)

LA - location and avoidance of underground apparatus.

(3)

For the purposes of paragraphs (1) and (2), a person is qualified in a type of work if, in respect of that work—

(a)

an approved body has issued a certificate of competence showing that the person has been assessed by an approved assessment centre as having the required level of competence;

(b)

a competent authority has issued a certificate of recognition stating that the person meets the requirements of regulation 29(1) F1... (conditions for recognition of qualification in a relevant F2European State) of the 2015 Regulations; or

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and the certificate is registered in the approved register.

Annotations

Textual amendments

F1

Words in reg. 3(3)(b) 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(3)(a)

F2

Word in reg. 3(3)(b) inserted (1.4.2023) by 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(3)(b)

F3

Reg. 3(3)(c) 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(4)

Commencement

I1

Reg. 3 in force at 4.9.2017, see reg. 1