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

Prescribed qualification for trained operatives

5.—(1) A trained operative has a prescribed qualification for a particular type of work if, in respect of that work—

(a) an approved body has issued the trained operative with a certificate of competence showing that the trained operative has been assessed by an approved assessment centre as having achieved the units of competence set out in Schedule 3 as required by Schedule 4 for that particular type of work; or

(b) the Scottish Qualifications Authority has issued a certificate of recognition stating that the trained operative 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 trained operative 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) of the 2007 Regulations;

and the certificate is registered in the approved register.

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

(a) is assessed by an approved assessment centre as having achieved the units of competence set out in Schedule 3 as required by Schedule 4 for a particular type of 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 under regulation 25(1) of the 2007 Regulations in respect of a particular type of supervisory work;

the trained operative shall have a prescribed qualification for the particular type of work, notwithstanding that the relevant certificate of that trained operative 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 2 in Schedule 3 shall have a prescribed qualification to act as a trained operative for the purposes of signing, lighting and guarding without registration of a certificate of competence.