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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.
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