19.—(1) The certification and evaluation bodies for the purposes of Article 5 of Commission Regulation 303/2008 (issue and contents of certificates) are—
(a)City and Guilds of London Institute(1); and
(b)the Construction Industry Training Board(2).
(2) The City and Guilds of London Institute and the Construction Industry Training Board must—
(a)comply with Articles 5.1, 5.2, 10.1, second paragraph, 10.2, 10.3, 11.1, 11.3 and 11.4 (activities and obligations of certification and evaluation bodies) of that Regulation; and
(b)ensure compliance with Article 11.2 of that Regulation (planning and structure of examinations).
20.—(1) Subject to paragraphs (3) to (7) and regulation 25, it is an offence if an individual—
(a)carries out an activity referred to in paragraph (2) relating to stationary refrigeration, air conditioning and heat pump equipment, and
(b)does not hold a stationary equipment qualification,
in contravention of Article 4.1 of Commission Regulation 303/2008.
(2) The activities are—
(a)leakage checking of equipment containing—
(i)3 kilograms or more of fluorinated greenhouse gases, or
(ii)6 kilograms or more of fluorinated greenhouse gases with hermetically sealed systems, which are labelled as such,
(b)the recovery of fluorinated greenhouse gases,
(c)installation, and
(d)maintenance or servicing,
but not an exempt activity.
(3) Paragraph (1) does not apply to an individual who—
(a)is enrolled on a training course for the purpose of obtaining a stationary equipment qualification in respect of an activity referred to in paragraph (2), and
(b)carries out that activity under the supervision of an individual who does hold a stationary equipment qualification in respect of the activity in question,
for a period of two years from the date on which that individual enrolled on the training course referred to in sub-paragraph (a).
(4) Up to and including 3rd July 2009, paragraph (1) does not apply, as regards any of the activities referred to in paragraph (5), to an individual who carried out the activity in question before 4th July 2008 without supervision.
(5) The activities are—
(a)the recovery of fluorinated greenhouse gases,
(b)installation, and
(c)maintenance or servicing,
in relation to refrigeration, air conditioning and heat pump equipment containing less than 3 kilograms of fluorinated greenhouse gases.
(6) Paragraph (1) does not apply to an individual who—
(a)holds an interim certificate issued under Article 6.3, or
(b)is deemed to hold an interim certificate under Article 6.2,
of Commission Regulation 303/2008 in respect of an activity referred to in paragraph (2) and who carries out the activity in question.
(7) Paragraph (1) does not apply to an individual who—
(a)undertakes brazing, soldering or welding in connection with an activity referred to in paragraph (2) under the supervision of an individual qualified to carry out that activity by virtue of being the holder of a relevant qualification or being a deemed holder of an interim certificate under Article 6.2 of Commission Regulation 303/2008; and
(b)is suitably qualified for the purposes of paragraph 3.1.2 of Schedule 2 to the Pressure Equipment Regulations 1999(3).
(8) In this regulation—
(a)“exempt activity” means a manufacturing or repair activity undertaken at the site of the manufacturer of stationary refrigeration, air conditioning or heat pump equipment containing fluorinated greenhouse gases;
(b)“stationary equipment qualification” means a valid certificate issued by the City and Guilds of London Institute or by the Construction Industry Training Board under Article 5.1, 5.3 or 5.4 of Commission Regulation 303/2008;
(c)“installation” and “maintenance or servicing” have the meaning given in Article 3 of Commission Regulation 303/2008; and
(d)“relevant qualification” means—
(i)a stationary equipment qualification; or
(ii)an interim certificate issued under Article 6.3 of Commission Regulation 303/2008.
21.—(1) For the purposes of Article 6.1 and 6.2 of Commission Regulation 303/2008, an individual who holds an interim qualification obtained before the date of the coming into force of these Regulations is the holder of an interim certificate as regards the activity referred to in regulation 20(2) to which the interim qualification relates.
(2) The interim qualification for the activities to which a Category I certificate relates is one of the qualifications referred to in Part 1 of Schedule 1.
(3) The interim qualification for the activities to which a Category II certificate relates is—
(a)one of the qualifications referred to in Part 1 of Schedule 1; or
(b)an in-house qualification.
(4) The interim qualification for the activities to which a Category III certificate relates is an in-house qualification.
(5) The Secretary of State may appoint such person, and on such terms, as the Secretary of State thinks fit to be the certification body for the purposes of Article 6.3 of Commission Regulation 303/2008 (issue and contents of interim certificates).
(6) A person so appointed must comply with Articles 6.3, 10.1, second paragraph, 10.2 and 10.3 of that Regulation (obligations on a certification body).
22.—(1) The Secretary of State may appoint such person, and on such terms, as the Secretary of State thinks fit to be the certification body for the purposes of Article 8 of Commission Regulation 303/2008 (issue and contents of company certificates).
(2) A person so appointed must comply with Articles 8, 10.1, second paragraph, 10.2 and 10.3 of that Regulation (obligations on a certification body).
23.—(1) Subject to paragraph (2) and regulation 25, it is an offence if a person—
(a)carries out—
(i)installation, or
(ii)maintenance or servicing,
in respect of stationary refrigeration, air conditioning and heat pump equipment, and
(b)does not hold a stationary equipment qualification company certificate or an interim certificate,
in contravention of Article 7.1 of Commission Regulation 303/2008.
(2) Up to and including 3rd July 2009, paragraph (1) does not apply, as regards an activity referred to in paragraph (1)(a), to a person who carried out the activity in question before 4th July 2008.
(3) It is an offence for a person knowingly or recklessly to provide Article 8.1 information which is false or misleading in any material particular for the purposes of obtaining a stationary equipment qualification company certificate.
(4) In this regulation—
(a)“Article 8.1 information” means information relating to the matters referred to in Article 8.1(a) and (b) of Commission Regulation 303/2008;
(b)“stationary equipment qualification company certificate” means a valid certificate issued under Article 8 of Commission Regulation 303/2008;
(c)“installation” has the meaning given in Article 3 of Commission Regulation 303/2008;
(d)“interim certificate” means a certificate issued under Article 9.3 of Commission Regulation 303/2008; and
(e)“maintenance or servicing” has the meaning given in Article 3 of Commission Regulation 303/2008.
24.—(1) The Secretary of State may appoint such person, and on such terms, as the Secretary of State thinks fit to be the certification body for the purposes of Article 9.3 of Commission Regulation 303/2008 (issue and contents of interim company certificates).
(2) A person so appointed must comply with Articles 9, 10.1, second paragraph, 10.2 and 10.3 of that Regulation (obligations on a certification body).
25.—(1) A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 303/2008 by a certification body in an EEA State other than the United Kingdom in respect of an activity mentioned in regulation 20(1)(a) may carry out that activity if—
(a)the certificate is written in English; or
(b)the person also holds a translation of the certificate in English.
(2) A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 303/2008 by a certification body appointed under legislation in force in Northern Ireland in respect of an activity mentioned in regulation 20(1)(a) may carry out that activity.
26.—(1) The certification and evaluation body for the purposes of Article 5 of Commission Regulation 304/2008 (issue and contents of certificates) is the Fire Industry Association(4).
(2) The Fire Industry Association must—
(a)comply with Articles 5.1, 5.2, 10.1, second paragraph, 10.2 and 10.3, 11.1, 11.3 and 11.4 of that Regulation (activities and obligations of certification and evaluation bodies); and
(b)ensure compliance with Article 11.2 of that Regulation (planning and structure of examinations).
27.—(1) Subject to paragraphs (3) and (4) and regulation 32, it is an offence if an individual—
(a)carries out—
(i)an activity referred to in paragraph (2) relating to a fire protection system, or
(ii)the recovery of fluorinated greenhouse gases from fire extinguishers, and
(b)does not hold a fire protection systems qualification,
in contravention of Article 4.1 of Commission Regulation 304/2008.
(2) The activities are—
(a)leakage checking of applications containing 3 kilograms or more of fluorinated greenhouse gases,
(b)the recovery of fluorinated greenhouse gases,
(c)installation, and
(d)maintenance or servicing,
but not an exempt activity.
(3) Paragraph (1) does not apply to an individual who—
(a)is enrolled on a training course for the purpose of obtaining a fire protection systems qualification, and
(b)carries out an activity referred to in paragraph (2) under the supervision of an individual who does hold such a qualification,
for a period of one year from the date on which that individual enrolled on the training course referred to in sub-paragraph (a).
(4) Paragraph (1) does not apply to an individual who holds an interim certificate.
(5) In this regulation—
(a)“exempt activity” means a manufacturing or repair activity undertaken at the site of the manufacturer of containers or associated components of stationary fire protection systems containing fluorinated greenhouse gases;
(b)“fire protection systems qualification” means a valid certificate issued by the Fire Industry Association under Article 5.1, 5.3 or 5.4 of Commission Regulation 304/2008;
(c)“installation” has the meaning given in Article 3 of Commission Regulation 304/2008;
(d)“interim certificate” means a certificate issued under Article 6.3 of Commission Regulation 304/2008; and
(e)“maintenance or servicing” has the meaning given in Article 3 of Commission Regulation 304/2008.
28. For the purposes of Article 6.1 and 6.2 of Commission Regulation 304/2008, an individual who holds an in-house qualification obtained before the date of the coming into force of these Regulations is the holder of an interim certificate as regards the activity referred to in regulation 27(1)(a)(ii) or (2) to which the in-house qualification relates.
29.—(1) The Secretary of State may appoint such person, and on such terms, as the Secretary of State thinks fit to be the certification body for the purposes of Article 8 of Commission Regulation 304/2008 (issue and contents of certificate).
(2) A person so appointed must comply with Articles 8, 10.1, second paragraph, 10.2 and 10.3 of that Regulation.
30.—(1) Subject to paragraph (2) and regulation 32, it is an offence if a person—
(a)carries out—
(i)installation, or
(ii)maintenance or servicing,
in respect of a fire protection system, and
(b)does not hold a fire protection systems company certificate or an interim certificate,
in contravention of Article 7.1 of Commission Regulation 304/2008.
(2) Up to and including 3rd July 2009, paragraph (1) does not apply, as regards an activity referred to in paragraph (1)(a), to a person who carried out the activity in question before 4th July 2008 without supervision.
(3) It is an offence for a person knowingly or recklessly to provide Article 8.1 information which is false or misleading in any material particular for the purposes of obtaining a fire protection systems company certificate.
(4) In this regulation—
(a)“Article 8.1 information” means information relating to the matters referred to in Article 8.1(a) or (b) of Commission Regulation 304/2008;
(b)“fire protection systems company certificate” means a valid certificate issued under Article 8 of Commission Regulation 304/2008;
(c)“installation” has the meaning given in Article 3 of Commission Regulation 304/2008;
(d)“interim certificate” means a certificate issued under Article 9.3 of Commission Regulation 304/2008; and
(e)“maintenance or servicing” has the meaning given in Article 3 of Commission Regulation 304/2008.
31.—(1) The Secretary of State may appoint such person, and on such terms, as the Secretary of State thinks fit to be the certification body for the purposes of Article 9.3 of Commission Regulation 304/2008 (issue and contents of interim certificates).
(2) A person so appointed must comply with Articles 9.3, 10.1, second paragraph, 10.2 and 10.3 of that Regulation.
32.—(1) A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 304/2008 by a certification body in an EEA State other than the United Kingdom may carry out the activities referred to in regulation 27(1)(a) if—
(a)the certificate is written in English; or
(b)the person also holds a translation of the certificate in English.
(2) A person who holds a valid certificate issued under Article 5 or 8 of Commission Regulation 304/2008 by a certification body appointed under legislation in force in Northern Ireland may carry out the activities referred to in regulation 27(1)(a).
33.—(1) The persons referred to in Schedule 2 are the certification and evaluation bodies for the purposes of Commission Regulation 305/2008.
(2) A person referred to in Schedule 2 must—
(a)comply with Article 5.1, second paragraph, 5.2, 5.3, 6.1, 6.3 and 6.4 of that Regulation (obligations on certification and evaluation bodies); and
(b)ensure that Article 4.2 and 6.2 of that Regulation (contents of certificates and planning and structure of examinations) are complied with.
34.—(1) Subject to paragraphs (2) and (3) and regulation 35, it is an offence if an individual—
(a)recovers fluorinated greenhouse gases from high-voltage switchgear, and
(b)does not hold a high-voltage switchgear qualification,
in contravention of Article 3.1 of Commission Regulation 305/2008.
(2) Paragraph (1) does not apply to an individual who—
(a)is enrolled on a training course for the purpose of obtaining a high-voltage switchgear qualification, and
(b)recovers fluorinated greenhouse gases from high-voltage switchgear under the supervision of an individual who does hold such a qualification,
for a period of one year from the date on which that individual enrolled on the training course referred to in sub-paragraph (a).
(3) Up to and including 3rd July 2009, paragraph (1) does not apply to an individual who carried out work referred to in paragraph (1)(a) before 4th July 2008 without supervision.
(4) In this regulation—
(a)“high-voltage switchgear” means switching devices and their combination with associated control, measuring, protective and regulating equipment, and assemblies of such devices and equipment, with associated interconnections, accessories, enclosures and supporting structures, intended for use in connection with generation, transmission, distribution and conversion of electric energy at rated voltages above 1000V; and
(b)“high-voltage switchgear qualification” means a valid certificate issued by a certification body referred to in Schedule 2 under Article 4 of Commission Regulation 305/2008.
35.—(1) An individual who holds a valid certificate issued under Article 4 of Commission Regulation 305/2008 by a certification body in an EEA State other than the United Kingdom may recover fluorinated greenhouse gases from high-voltage switchgear if—
(a)the certificate is written in English; or
(b)the individual also holds a translation of the certificate in English.
(2) An individual who holds a valid certificate issued under Article 4 of Commission Regulation 305/2008 by a certification body appointed under legislation in force in Northern Ireland may recover fluorinated greenhouse gases from high-voltage switchgear.
(3) In this regulation, “high-voltage switchgear” has the same meaning as it has in regulation 34.
36.—(1) The Secretary of State may appoint such person and on such terms as the Secretary of State thinks fit to be—
(a)the certification body for the purposes of Commission Regulation 306/2008;
(b)the evaluation body for the purposes of that Regulation.
(2) The certification body and the evaluation body may be the same person.
(3) A person appointed as the certification body must comply with Articles 3.1, 3.2, 4.1, second paragraph, 4.2, and 4.3 of that Regulation (issue of certificates and obligations of certification bodies).
(4) A person appointed as the evaluation body must comply with Articles 5.1, 5.2, 5.3 and 5.4 of that Regulation (obligations of evaluation bodies).
37.—(1) Subject to paragraphs (2) and (3) and regulation 38, it is an offence if an individual—
(a)recovers fluorinated greenhouse gas-based solvents from equipment, and
(b)does not hold a solvents qualification,
in contravention of Article 2.1 of Commission Regulation 306/2008.
(2) Paragraph (1) does not apply to an individual who—
(a)is enrolled on a training course for the purpose of obtaining a solvents qualification, and
(b)recovers fluorinated greenhouse gas-based solvents from equipment under the supervision of an individual who does hold such a qualification,
for a period of one year from the date on which that individual enrolled on the training course referred to in sub-paragraph (a).
(3) Up to and including 3rd July 2009, paragraph (1) does not apply to an individual who carried out work referred to in paragraph (1)(a) before 4th July 2008 without supervision.
(4) In this regulation, “solvents qualification” means a valid certificate issued by a certification body under Article 3 of Commission Regulation 306/2008.
38.—(1) An individual who holds a valid certificate issued under Article 3 of Commission Regulation 306/2008 by a certification body in an EEA State other than the United Kingdom may recover fluorinated greenhouse gas-based solvents from equipment if—
(a)the certificate is written in English; or
(b)the person also holds a translation of the certificate in English.
(2) A person who holds a valid certificate issued under Article 3 of Commission Regulation 306/2008 by a certification body appointed under legislation in force in Northern Ireland may recover fluorinated greenhouse gas-based solvents from equipment.
39.—(1) The persons referred to in paragraph (2) are the attestation bodies for the purposes of Commission Regulation 307/2008.
(2) The persons are—
(a)the City and Guilds of London Institute(5);
(b)IMI Awards Limited(6);
(c)the Institute of the Motor Industry(7); and
(d)the Institute of Road Transport Engineers(8).
(3) A person referred to in paragraph (2) must comply with Articles 3.2 and 3.3 of that Regulation (issue and contents of training attestations).
40.—(1) Subject to paragraphs (2) and (3) and regulation 41, it is an offence if an individual—
(a)recovers fluorinated greenhouse gases from an air conditioning system in a motor car or a motor van, and
(b)does not hold an air conditioning qualification,
in contravention of Article 2.1 of Commission Regulation 307/2008.
(2) Paragraph (1) does not apply to an individual who—
(a)is enrolled on a training course for the purpose of obtaining an air conditioning qualification, and
(b)recovers fluorinated greenhouse gases from an air conditioning system in a motor car or a motor van under the supervision of an individual who does hold such a qualification,
for a period of one year from the date on which that individual enrolled on the training course referred to in sub-paragraph (a).
(3) Up to and including 3rd July 2010, paragraph (1) does not apply to an individual who holds a qualification referred to in Schedule 1.
(4) In this regulation—
(a)“motor car” means a motor vehicle which—
(i)has at least four wheels,
(ii)is used for the carriage of passengers, and
(iii)has no more than nine seats, including the seat for the driver;
(b)“motor van” means a motor vehicle which—
(i)has at least four wheels,
(ii)has a maximum weight not exceeding 1.305 metric tons, and
(iii)is used for the carriage of goods;
(c)“air conditioning qualification” means a valid attestation issued under Article 3.2 of Commission Regulation 307/2008 by an attestation body referred to in regulation 39(2).
41.—(1) An individual who holds a valid attestation issued under Article 3.2 of Commission Regulation 307/2008 by an attestation body in an EEA State other than the United Kingdom may recover fluorinated greenhouse gases from an air conditioning system in a motor car or a motor van if—
(a)the attestation is written in English; or
(b)the individual also holds a translation of the attestation in English.
(2) An individual who holds a valid attestation issued under Article 3.2 of Commission Regulation 307/2008 by an attestation body appointed under legislation in force in Northern Ireland may recover fluorinated greenhouse gases from an air conditioning system in a motor car or a motor van.
(3) In this regulation, “motor car” and “motor van” have the same meaning as in regulation 40.
42.—(1) The employer of an individual employed to carry out any work or activity referred to in regulation 20(1)(a), 27(1)(a), 34(1)(a), 37(1)(a) or 40(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) It is an offence for an employer to fail to comply with paragraph (1).
43.—(1) A training employer must provide a copy of any extant record created by that training employer under regulation 19(2) of the Fluorinated Greenhouse Gases Regulations 2008(9) 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 9th March 2009.
(3) It is an offence for a training employer to fail to comply with paragraph (1) or (2).
(4) In this regulation—
(a)“extant record” means a record existing immediately before 9th March 2009; and
(b)“training employer” means an employer who provided a course of training leading to an in-house qualification.
44.—(1) When requested to do so by any person, a certification body must, within 14 days of the request being made, 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.
(2) When requested to do so, an attestation body must provide details of an attestation issued by the attestation 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 Secretary of State, a relevant body must provide as soon as reasonably practicable to the Secretary of State such information as the Secretary of State may require in order that the Secretary of State may ensure that the obligations of the United Kingdom imposed by the second sentence of Article 5.2 of the 2006 Regulation (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 Regulation (EC) No 842/2006 of the European Parliament and of the Council, the format for notification of the training and certification programmes of the Member States(10); and
(b)“a relevant body” means a certification body, an attestation body or an evaluation body referred to in, or appointed under, these Regulations.
Details can be obtained from City & Guilds, 1 Giltspur Street London EC1A 9DD; telephone number: 020 7294 2800; website: www.cityandguilds.com.
Details can be obtained from the Construction and Industry Training Board, Bircham Newton, Kings Lynn, Norfolk PE31 6RH; telephone number: 01485 577700; website: www.cskills.org; email: bes.enquiry@skills.org.
S.I. 1999/200, to which there are amendments not relevant to these Regulations.
Details can be obtained from the Fire Industry Association, Thames House, 29 Thames Street, Kingston Upon Thames, Surrey, KT1 1PH; telephone number: 020 8549 5855; email: info@fia.uk.com; website:www.fia.uk.com.
Details can be obtained from City & Guilds, 1 Giltspur Street, London EC1A 9DD; telephone number: 020 7294 2800; website: www.cityandguilds.com.
Details can be obtained from the IMI Awards Limited, Fanshaws, Brickendon, Hertford, SG13 8PQ: telephone number: 01992 511521; email: info@imiawards.org.uk.
Details can be obtained from the Institute of the Motor Industry, Fanshaws, Brickendon, Hertford, SG13 8PQ: telephone number: 01992 511521; email: imi@motor.org.uk: website: www.motor.org.uk.
Details can be obtained from Irtec, Society of Operation Engineers, 22 Greencoat Place, London SW1P 1PR; telephone number: 0207 6301111; fax: 0207 6306677; email: irtec@irtec.org.uk.
S.I. 2008/41; revoked by regulation 2.
OJ No L 92, 3.4.08, p 28.