The Train Driving Licences and Certificates Regulations (Northern Ireland) 2010

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.

[F1(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.

F2(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(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.