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The Road Works (Qualifications of Operatives and Supervisors) (Scotland) Regulations 2017

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2.—(1) In these Regulations—

“the 1992 Regulations” means the Road Works (Qualifications of Supervisors and Operatives) (Scotland) Regulations 1992(1);

“the 2015 Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015(2);

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

“adaptation period” has the same meaning as it has in regulation 30 of the 2015 Regulations;

“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);

“aptitude test” has the same meaning as it has in regulation 31 of the 2015 Regulations;

“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) or (c);

“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;

“registration body” means the Scottish Qualifications Authority established under the Scottish Qualifications Authority (Establishment) (Scotland) Order 1996(3);

“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.

(2)

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

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