The Street Works (Qualifications of Supervisors and Operatives) (England) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 67(1) of the New Roads and Street Works Act 1991 places a duty on the undertaker, subject to exceptions, to secure that the execution of street works involving breaking up the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street, is supervised by a person having prescribed qualifications as a supervisor. Section 67(2), similarly in relation to street works breaking up the street etc, places a duty on the undertaker to secure there is on site at all times when such works are in progress at least one person having a prescribed qualification as a trained operative.

These Regulations amend the Street Works (Qualifications of Supervisors and Operatives) Regulations 1992 so that those Regulations cease to apply to street works in England and then restate much of the provision, with some changes, with respect to England. These Regulations allow for the operation of the rules for the recognition of equivalent qualifications in relation to supervisors and trained operatives found in the European Communities (Recognition of Professional Qualifications) Regulations 2007 (SI 2007/2781) (which implements in part Council Directive 2005/36/EC(1) of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications).

These Regulations prescribe the qualifications needed for the type of work being executed by supervisors (regulation 4) and trained operatives (regulation 5).

A supervisor or a trained operative has a prescribed qualification if an approved body has issued that supervisor or trained operative with a certificate of competence showing that they have been assessed as having achieved the relevant units of competence for the work being executed, as set out in Schedules 1 and 2 (supervisors) and Schedules 3 and 4 (trained operative) (regulation 4(1)(a) and regulation 5(1)(a)). Provision is made for the recognition of equivalent qualifications obtained in a relevant State (regulation 4(1)(b) and regulation 5(1)(b)) and provision is also made for workers to hold the prescribed qualification where they have successfully completed either an adaptation period of passed an aptitude test (regulation 4(1)(c) and regulation 5(1)(c)). Regulation 6 provides for the Regulations to have no restriction on the provision of services of a supervisor or trained operatives on a temporary basis. Regulation 7 prescribes the City and Guilds of London Institute, the Scottish Qualifications Authority and the CABWI Awarding Body as the approved bodies for the issuing of certificates of competence mentioned in regulations 4 and 5. The register of certificates is kept by the Scottish Qualifications Authority (regulation 8(2)).

Regulations 8 and 9 provide that prescribed qualifications may relate to all or any types of work to be done by a supervisor or trained operative. Regulation 10 provides that a registration expires after 5 years and that the supervisor or trained operative may be re-registered for further successive periods of 5 years provided the application is accompanied by the relevant reassessment certificate (Schedules 5 and 6 (supervisor) and Schedules 7 and 8 (operative)).

Regulation 11 provides that any registration of prescribed qualifications under the Street Works (Qualifications of Supervisors and Operatives) Regulations 1992 will be deemed to have been registered under these Regulations.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Street Work, 2/06 Department for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).

(1)

OJ No L 255, 30.9.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No L 363, 20.12.2006, p.141.