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3E+W+SReferences in Part II of this Act to professional competence are to the professional competence of an individual; and a company satisfies the requirement as to professional competence if, and so long as, [F1it has a transport manager or transport managers of its road transport business who, or each of whom, is of good repute and professionally competent].
Textual Amendments
F1Words substituted by S.I. 1990/1851, reg. 2(1)(2), Sch. para. 3
Modifications etc. (not altering text)
C1Sch. 3 para 3 amended by S.I. 1986/1628, reg. 5(1), Sch.
4E+W+SWhere an individual is not himself professionally competent, the requirement as to professional competence shall be regarded as satisfied in relation to him if, and so long as, he has a transport manager of his road passenger transport business who is of good repute and professionally competent.
F25E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 3 para. 5 omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(3) (with Sch. 3 Pt. 1)
Modifications etc. (not altering text)
C2Sch. 3 para. 5 modified by S.I. 1981/1628, Sch. 1 Pt. 1 (as amended (5.10.2017) by The Operation of Public Service Vehicles (Partnership) (Amendment) Regulations 2017 (S.I. 2017/873), regs. 1(1), 6(6))
6[F3(1)]F4... an individual shall be regarded as professionally competent for the purposes of Part II of this Act if, and only if,—E+W+S
[F5(a)he has demonstrated that he possesses the requiste skills by passing a written examination organised by an approved body and is the holder of a certificate to that effect issued by that body; or]
(b)he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this paragraph by the Secretary of State.
[F6(1A)The approved body may exempt an individual from certain parts of the examination mentioned in sub-paragraph (1)(a) if the individual is the holder of a certificate of competence, diploma or other qualification which covers those parts and which is recognised for the purposes of this sub-paragraph by the Secretary of State.]
[F7(2)The written examination mentioned in sub-paragraph (1)(a) may be supplemented by an oral examination organised by the approved body in the form set out in Annex I to [F8the 2009 Regulation].
(3)The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in [F9Annex III to that Regulation and must have security features in compliance with Annex II to that Regulation].]
Textual Amendments
F3Sch. 3 para. 6 renumbered as Sch. 3 para. 6(1) (1.10.1999) by S.I. 1999/2431, reg. 4(2) (with reg. 6(3))
F4Words in Sch. 3 para. 6(1) omitted (4.12.2011) by virtue of The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(4)(a) (with Sch. 3 Pt. 1)
F5Sch. 3 para. 6(1)(a) substituted (1.10.1999) by S.I.1999/2431, reg. 4(1) (with reg. 6(3))
F6Sch. 3 para. 6(1A) inserted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(4)(b) (with Sch. 3 Pt. 1)
F7Sch. 3 para. 6(2)(3) inserted (1.10.1999) by S.I. 1999/2431, reg. 4(2) (with reg. 6(3))
F8Words in Sch. 3 para. 6(2) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(4)(c) (with Sch. 3 Pt. 1)
F9Words in Sch. 3 para. 6(3) substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(4)(d) (with Sch. 3 Pt. 1)
7E+W+SIn paragraph 6 above “approved body” means—
(a)a body approved by the Secretary of State for the purposes of that paragraph; or
(b)a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46A(5)(c) of the M1Transport Act (Northern Ireland) 1967; or
(c)a body or authority designated by another member State for the purposes of [F10Article 8.3 of the 2009 Regulation];
and “the requisite skills” means [F11knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to [F12that Regulation] in the subjects there listed.]
Textual Amendments
F10Words in Sch. 3 para. 7 substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(5)(a) (with Sch. 3 Pt. 1)
F11Words in definition of “the requisite skills” substituted (1.10.1999) by S.I. 1999/2431, reg. 4(3)(b) (with reg. 6(3)
F12Words in Sch. 3 para. 7 substituted (4.12.2011) by The Road Transport Operator Regulations 2011 (S.I. 2011/2632), reg. 1(1), Sch. 1 para. 11(5)(b) (with Sch. 3 Pt. 1)
Marginal Citations