31.—(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.
Textual Amendments
F1Words in reg. 31(3)(b) substituted (31.12.2020) by The Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.I. 2019/826), regs. 1(2), 39; 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Reg. 31 in force at 31.12.2010, see reg. 41(5)