The Fluorinated Greenhouse Gases Regulations (Northern Ireland) 2009

Miscellaneous obligations

Obligation of employers to employ qualified employees

39.—(1) The employer of an individual employed to carry out any work or activity referred to in regulation 17(1)(a), 24(1)(a), 31(1)(a), 34(1)(a) or 37(1)(a) must ensure that that individual holds the qualification necessary to enable the individual to carry out the work or activity in question under these Regulations.

(2) A person commits an offence if that person fails to comply with paragraph (1).

Training records

40.—(1) A training employer must provide a copy of any extant record created by that training employer to the employee in question when requested to do so by that employee where the employee holds an in-house qualification enabling that employee to carry out work under these Regulations.

(2) A training employer must keep an extant record created by that training employer as mentioned in paragraph (1) for a period of three years from the date on which these Regulations come into operation.

(3) A training employer commits an offence if the training employer fails to comply with paragraph (1) or (2).

(4) In this regulation—

(a) “extant record” means a record existing immediately before the coming into operation of these Regulations; and

(b) “training employer” means an employer who provided a course of training leading to an in-house qualification.

Obligations of certification bodies, attestation bodies and evaluation bodies to provide information

41.—(1) When requested to do so by any person, a certification body must provide details of a certificate issued by the certification body pursuant to—

(a) Commission Regulation 303/2008;

(b) Commission Regulation 304/2008; or

(c) Commission Regulation 305/2008,

within 14 days of making the request.

(2) When requested to do so, an attestation body must provide details of a certificate issued by the certification body pursuant to Commission Regulation 307/2008.

(3) In this regulation, “details”, in relation to a certificate or attestation, includes—

(a) the name of the person to whom the certificate or attestation was issued;

(b) the date on which the certificate or attestation was issued; and

(c) in the case of an individual, the examination or training to which the certificate or attestation relates.

(4) When requested to do so by the Department, a relevant body must provide as soon as is reasonably practicable to the Department such information as the Department may require in order that the Department may ensure that the obligations of Northern Ireland imposed by the third sentence of Article 5.2 (recognition of certificates issued in other Member States) and by Commission Regulation 308/2008 are complied with.

(5) In this regulation—

(a) “Commission Regulation 308/2008” means Commission Regulation 308/2008 establishing, pursuant to the 2006 Regulation, the format for notification of the training and certification programmes of the Member States(1); and

(b) “relevant body” means a certification body, an attestation body or an evaluation body referred to in, or appointed under, these Regulations.

(1)

OJ No L 92, 3.4.08, p.28