Regulation 4 Amendment of regulation 3I1

For regulation 3 substitute–

“3.

(1)

Without prejudice to the European Union (Recognition of Professional Qualifications) Regulations 2015^f1, the qualifications and experience required of a person to be considered technically competent for the purposes of Article 3(3)(b) of the 1997 Order (management of activities to be in the hands of a technically competent person), is either:

(a)

an Operator Competence Certificate awarded by CIWM to carry on the specific activities which are authorised by a waste management licence; or

(b)

a Competence Management System Certification awarded by EU Skills.

(2)

Where it is not possible to obtain a qualification under paragraph 1(a) or (b) for any activity, the Department will assess technical competence for the purposes of Article 3(3)(b) of the 1997 order based on the knowledge and experience in waste management practice of the person seeking to manage that activity.

(3)

A person who has been awarded an Operator Competence Certificate by CIWM must undertake an assessment every 24 months to ensure that competence is kept up to date.

(4)

A person who has been awarded Competence Management System Certification by EU Skills must undertake an assessment every 36 months to ensure that competence is kept up to date.

(5)

Where a person carries out activities without the qualifications specified in paragraph (1)(a) or (b) or an assessment of technical competence by the Department, that person will not be deemed to be a fit and proper person which may result in that person’s application being refused or their licence being revoked except where that activity is being carried out by way of an exemption from waste management licensing.”