PART 9TRAINING AND EXAMINATION
ExaminationsI131
1
The Department must—
a
set or approve the general professional competence examination referred to in regulation 8(1)(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
A railway undertaking 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(1)(c);
b
designate the examiner for the examinations it sets or approves; and
c
include guidance and information about the examination in the publication it makes on its website in pursuance of regulation 11(4).
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
recognised or accredited as competent for the purpose by F1a member State in accordance with 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 Department or railway undertaking must ensure that the examinations referred to in paragraphs (1)(a) and (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, 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.