PART 4N.I.PROCEDURE FOR OBTAINING LICENCES AND CERTIFICATES

Procedure for obtaining a train driving licenceN.I.

10.—(1) The Department must publish on its website the application procedures for obtaining a new train driving licence, for the updating of the particulars of such a licence, for the renewal of such a licence and for the issue of a duplicate licence.

(2) All applications must be lodged with the Department by the applicant or an entity acting on the applicant’s behalf, and must be made in accordance with the procedures published in accordance with paragraph (1).

(3) The Department must within one month of receiving all the necessary documents determine the application.

(4) Where satisfied a train driving licence should be issued or renewed the Department must issue it in the form of a single original.

(5) The Department may issue a duplicate train driving licence.

[F1(6) A person who is aggrieved by a decision not to issue a train driving licence may appeal to a tribunal established for the purposes of hearing an appeal under these Regulations

(7) The model provisions with respect to appeals which are set out in The Deregulation (Model Appeals Provisions) Order (Northern Ireland) 1997 shall apply to an appeal under paragraph (6)]

Procedure for obtaining a train driving certificateN.I.

11.—(1) A railway undertaking must set up—

(a)as part of its safety management system, its own procedures for the issue and updating of train driving certificates; and

(b)a procedure for a person to request a review by it of a decision it has made concerning them relating to the issue, updating, suspension or withdrawal of a train driving certificate.

(2) A railway undertaking must update, without delay, a train driving certificate issued by it whenever the holder has obtained additional authorisations relating to rolling stock or infrastructure.

(3) A person who has requested a review of a decision under paragraph (1)(b) may appeal to the Department if dissatisfied with the outcome.

[F2(3A) The model provisions with respect to appeals which are set out in the Deregulation (Model Appeals Provisions) Order (Northern Ireland) 1997 shall apply to an appeal under paragraph (3)]

(4) A railway undertaking must publish on its website—

(a)the procedures referred to in paragraph (1), and

(b)the availability of an appeal to the Department under paragraph (3),

and applications or requests made to them under paragraph (1) must be made in accordance with the procedures referred to in that paragraph.

F3(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(5)]  Without prejudice to the right of any person to make an application for judicial review—

(a)a determination by the Department on an appeal brought under paragraph (3) is binding; and

(b)it is the duty of a railway undertaking to whom a direction is given under paragraph (6)(b) to comply with and give effect to that direction.