42.—(1) The employer of an individual employed to carry out any work or activity referred to in regulation 20(1)(a), 27(1)(a), 34(1)(a), 37(1)(a) or 40(1)(a) must ensure that that individual holds the qualification necessary to enable the individual to carry out the work or activity in question under these Regulations.
(2) It is an offence for an employer to fail to comply with paragraph (1).