Examinations
31.—(1) The ORR must—
(a)set or approve the general professional competence examination referred to in regulation 8(2)(f);
(b)designate the examiner; and
(c)include guidance and information about the examination in the publication it makes on its website in pursuance of regulation 10(1).
(2) Each railway undertaking and infrastructure manager must—
(a)set or approve the specific professional knowledge examinations relevant to its rolling stock or infrastructure, as the case may be, as referred to in regulation 9(2)(c);
(b)designate the examiner for the examinations it sets or approves; and
(c)include guidance and information about these examinations in the publication it makes on its website in pursuance of regulation 11(1).
(3) Subject to paragraph (4), a person may only be designated as an examiner under paragraphs (1)(b) or (2)(b) if that person is—
(a)a recognised examiner; or
(b)an examiner accredited or recognised to act as a examiner in another Member State in accordance with the requirements of article 20 of the Directive.
(4) In so far as an examination set or approved under paragraph (2)(a) is for infrastructure knowledge evaluation, including evaluation of route knowledge and operating rules and procedures, the examiner must be a recognised examiner.
(5) The ORR, railway undertaking or infrastructure manager, as the case may be, must ensure that any examination referred to in paragraphs (1)(a) or (2)(a) which they set or approve are organised in such a way as to avoid any conflict of interest arising.
(6) Notwithstanding paragraph (5), a railway undertaking or infrastructure manager may designate a recognised examiner under paragraph (2)(b) who is also its employee, provided the examiner has not trained the candidate for the examination.