The Street Works (Qualifications of Supervisors and Operatives) (England) Regulations 2009

Prescribed qualification for supervisors

4.—(1) A supervisor has a prescribed qualification for a particular type of supervisory work if, in respect of that work–

(a) an approved body has issued the supervisor with a certificate of competence showing that the supervisor has been assessed by an approved assessment centre as having achieved the units of competence set out in Schedule 1 as required by Schedule 2 for that particular type of supervisory work; or

(b) the Scottish Qualifications Authority(1) has issued a certificate of recognition stating that the supervisor meets the requirements of regulation 22(1)(a) or (b) (conditions for recognition of qualification in a relevant State) of the 2007 Regulations; or

(c) the Scottish Qualifications Authority has issued a certificate of recognition stating that the supervisor has completed an adaptation period of up to three years with a successful assessment or has taken and passed an aptitude test, as described in regulation 25(1) (conditions for compensation measures) of the 2007 Regulations(2);

and the certificate is registered in the approved register.

(2) For a period of two months beginning with the day on which a supervisor—

(a) is assessed by an approved assessment centre as having achieved the units of competence set out in Schedule 1 as required by Schedule 2 for a particular type of supervisory work; or

(b) is recognised by the Scottish Qualifications Authority as meeting the requirements of regulation 22(1)(a) or (b) of the 2007 Regulations in respect of a particular type of supervisory work; or

(c) is successful when assessed following completion of an adaptation period of up to three years, or passes an aptitude test, as described in regulation 25(1) of the 2007 Regulations in respect of a particular type of supervisory work;

the supervisor shall have a prescribed qualification for the particular type of supervisory work, notwithstanding that the relevant certificate of that supervisor has not been registered in the approved register.

(3) Before 6th April 2011 a person who has been assessed by an approved assessment centre as having achieved the unit of competence set out in unit 10 in Schedule 1 shall have a prescribed qualification to act as a supervisor for the purposes of signing, lighting and guarding without registration of a certificate of competence.

(1)

The Scottish Qualifications Authority is the relevant competent authority for the United Kingdom under the 2007 Regulations (see regulation 4 and Part 1 of Schedule 1) for regulating Road/Street Works Operatives and Road/Street Works Supervisors.

(2)

“Adaptation period” and “aptitude test” are defined respectively in regulations 23 and 24 (Compensation measures – adaptation periods and aptitude tests) of the 2007 Regulations.