Commission Decision of 22 November 2011 on criteria for the recognition of training centres involved in the training of train drivers, on criteria for the recognition of examiners of train drivers and on criteria for the organisation of examinations in accordance with Directive 2007/59/EC of the European Parliament and of the Council (notified under document C(2011) 7966) (Text with EEA relevance) (2011/765/EU)

CHAPTER 1 U.K. GENERAL PROVISIONS

Article 1 U.K. Subject matter and scope

This Decision lays down the criteria for the recognition of training centres providing professional training to train drivers and train drivers candidates for the recognition of examiners of train drivers and train drivers candidates and for the organisation of examinations [F1 for the purposes of the Regulations and the NI Regulations].

It applies to:

(a)

training centres providing training courses for train drivers and train candidate drivers [F2 on training referred to in regulation 29 of the Regulations or regulation 28 of the NI Regulations, as the case may be];

(b)

the examiners of train drivers [F3 designated pursuant to regulation 31(1)(b) or (2)(b) of the Regulations or regulation 31(1)(b) or (2)(b) of the NI Regulations, as the case may be].

Textual Amendments

F1 Words in Art. 1 substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(a) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 1(b) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Definitions

The following definitions shall apply for the purpose of this Decision:

(a)

‘applicant’ means an entity or a single person having established a company that applies for recognition to provide training courses relating to [F4 training referred to in regulation 29 of the Regulations or regulation 28 of the NI Regulations, as the case may be, including a single person applying for designation as an examiner pursuant to regulation 31(1)(b) or (2)(b) of the Regulations or regulation 31(1)(b) or (2)(b) of the NI Regulations];

(b)

‘trainer’ means a person with relevant skills and competence to prepare, organise and conduct training courses;

(c)

‘examiner’ means a person having relevant skills and competence, recognised to conduct and score examinations for the purposes of [F5 regulations 8(2)(f) and 9(2)(c) of the Regulations or regulations 8(1)(f) and 9(1)(c) of the NI Regulations, as the case may be];

(d)

‘examination’ means a process to check a train driver’s or candidate train driver’s competence in accordance with [F6 regulations 8(2)(f) and 9(2)(c) of the Regulations or regulations 8(1)(f) and 9(1)(c) of the NI Regulations, as the case may be] by one or more means such as written, oral and practical;

(e)

F7 ...

(f)

‘recognition’ means a formal statement on the competence of a person or an entity to perform training tasks or examinations, issued by [F8 the ORR or the Department, as the case may be];

(g)

F9 ...

(h)

[F10 “the Department” means the Department for Infrastructure renamed as such by the Departments Act (Northern Ireland) 2016 and originally established as the Department for Regional Development by article 3(1) of the Departments (Northern Ireland) Order 1999;

(i)

“complementary certificate” or “certificate”, when used in Articles 4, 5, 8 and 9 means a train driving certificate issued under the Regulations or the NI Regulations;

(j)

“the NI Regulations” means the Train Driving Licences and Certificates (Northern Ireland) Regulations 2010;

(k)

“the ORR” means the Office of Rail and Road;

(l)

“train driver licence” means a train driving licence issued under the Regulations or the NI Regulations;

(m)

“the Regulations” means the Train Driving Licences and Certificates Regulations 2010.]

Textual Amendments

F4 Words in Art. 2(a) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 2(c) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 2(d) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 2(e) omitted (31.12.2020) by virtue of The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 2(f) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 2(g) omitted (31.12.2020) by virtue of The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(e); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 2(h)-(l) inserted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 5(3)(f); 2020 c. 1, Sch. 5 para. 1(1)