13(1)An individual shall be regarded as professionally competent if, and only if—E+W+S
(a)he has demonstrated that he possesses the requisite 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 sub-paragraph by the Secretary of State.
[F1(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 Council Directive No. 96/26/EC.
(2A)The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in Annex Ia to that Directive.]
(3)In sub-paragraph (1)—
“approved body” means—
a body approved by the Secretary of State for the purposes of that sub-paragraph;
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
[F3“the requisite skills” means knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to that Directive in the subjects there listed.]
Textual Amendments
F1Sch. 3 para. 13(2)(2A) substituted (1.10.1999) for para. 13(2) by S.I. 1999/2430, reg. 4(1) (with saving in reg. 5(3)(4))
F2Words in Sch. 3 para. 13(3)(c) substituted (1.10.1999) by S.I. 1999/2430, reg. 4(2)(a) (with savings in reg. 5(3)(4))
F3Definition in Sch. 3 para. 13(3) substituted (1.10.1999) by S.I. 1999/2430, reg. 4(2)(b)(with savings in reg. 5(3)(4))
Modifications etc. (not altering text)
C1Sch. 3 para. 13 modified (1.10.1999) by S.I. 1999/2430, reg. 5(4)
Marginal Citations