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

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 126(1) of the New Roads and Street Works Act 1991 (“the Act”) requires that the execution of works is supervised by a person having a prescribed qualification as a supervisor where an undertaker executes road works involving breaking up the road or any sewer, drain or tunnel under it, or tunnelling or boring under the road. Section 126(2) of the Act requires at least one person having a prescribed qualification as a trained operative to be on site at all times where an undertaker executes road works involving breaking up or opening the road or any sewer, drain or tunnel under it, or tunnelling or boring under the road.

These Regulations prescribe the qualifications needed for the types of work being executed by trained operatives and supervisors. They also allow for the operation of rules for the recognition of equivalent qualifications in relation to trained operatives and supervisors found in the European Union (Recognition of Professional Qualifications) Regulations 2015, which implement in part Directive 2005/36/EC of the European Parliament and of the Council (OJ L 255, 30.9.2005, p. 22) on the recognition of professional qualifications, as amended by Directive 2013/55/EU (OJ L 354, 28.12.2013, p.132).

A person has a prescribed qualification for a type of work listed in schedule 1 or 2 of these Regulations if the person is qualified in that type of work and the additional types of work specified in regulation 3(1)(b) (for trained operatives) or regulation 3(2)(b) (for supervisors). A person is qualified in a type of work if an approved body has issued a certificate of competence showing that the person has been assessed as having the required level of competence in that type of work (regulation 3(3)(a)). Provision is also made for the recognition of equivalent qualifications obtained in a relevant European State (regulation 3(3)(b)) and for workers to be considered qualified where they have successfully completed either an adaptation period or passed an aptitude test (regulation 3(3)(c)). Certificates must be registered in the approved register.

Regulation 4 provides for a grace period of two months following the issuing of a certificate or a renewal certificate before registration, during which the person issued with the relevant certificate is deemed to be qualified in the relevant type of work, notwithstanding that the certificate has not been registered or re-registered.

Regulation 5 provides for the recognition of equivalent qualifications from other parts of the United Kingdom.

Regulation 6 provides for recognition of restricted forms of qualification.

Regulation 7 provides for the Regulations not to restrict the provision of services of a trained operative or supervisor on a temporary basis.

Regulation 8 sets out the approved bodies for the purposes of issuing certificates of competence The register of certificates is kept by the Scottish Qualifications Authority (regulation 8(2)).

Registration of a certificate expires after 5 years beginning with the date on which it was issued (regulation 9) but a certificate may be re-registered for any number of further periods in accordance with regulations 10 to 12. Those regulations provide for re-registration more than 48 months before expiry, more than 12 months (but not more than 48 months) before expiry, within 12 months of expiry and after expiry of a certificate. A person wishing to re-register a certificate for a type of work must obtain a renewal certificate for that type of work. An approved body may award a person a renewal certificate for a type of work if that person has been assessed or reassessed as having the required level of competence in that type of work (regulation 13).

Regulation 14 exempts the Scottish Fire and Rescue Service from the requirement to have one trained operative on site where works do not involve breaking up the road or any sewer, drain or tunnel under it, or tunnelling or boring under the road.

Regulation 15 and schedule 3 contain savings provisions as regards certificates obtained under the Road Works (Qualifications of Supervisors and Operatives) (Scotland) Regulations 1992 (S.I. 1992/1675).

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from Transport Scotland, Buchanan House, 58 Port Dundas Road, Glasgow, G4 0HF.