Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020
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Certification and training attestation relating to individuals | ||
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15. (1) A valid certificate issued before the coming into operation of this Part by a certification body in the United Kingdom under— | ||
(a) Article 5 of Commission Regulation (EC) No 304/2008 of 2 April 20087 in respect of an activity referred to in Article 2(1) of that Commission Regulation, | ||
(b) Article 3 of Commission Regulation (EC) No 306/2008 of 2 April 20088 in respect of an activity referred to in Article 1 of that Commission Regulation, | ||
(c) Article 3 of Commission Implementing Regulation (EU) 2015/2066 of 17 November 20159 in respect of an activity referred to in Article 1 of that Commission Implementing Regulation, or | ||
(d) Article 4 of Commission Implementing Regulation (EU) 2015/2067 of 17 November 201510 in respect of an activity referred to in Article 2(1) of that Commission Implementing Regulation, | ||
is a qualifying certificate for the purposes of this Part. | ||
(2) A valid training attestation issued before the coming into operation of this Part by an attestation body in the United Kingdom under Article 3 of Commission Regulation (EC) No 307/2008 of 2 April 200811 in respect of an activity referred to in Article 1 of that Commission Regulation is a qualifying training attestation for the purposes of this Part. | ||
(3) An individual who holds a qualifying certificate or a qualifying training attestation may carry out the activity to which the qualifying certificate or qualifying training attestation relates until the date that is six months after the coming into operation of this Part or the date on which a certificate or training attestation, as the case may be, is issued by the Agency in accordance with subsection (4), whichever is earlier. | ||
(4) (a) An individual who holds a qualifying certificate or qualifying training attestation shall apply to the Agency not later than four months after the coming into operation of this Part for the issue by it of a certificate or training attestation— | ||
(i) under the Article of the Commission Regulation or Commission Implementing Regulation referred to in subsection (1)(a), (b), (c) or (d), as appropriate, or subsection (2), as the case may be, to which the qualifying certificate or qualifying training attestation relates, and | ||
(ii) in respect of the activity to which the qualifying certificate or qualifying training attestation relates, | ||
and such certificate or training attestation shall, subject to subsection (5), be issued by the Agency not later than six months after the coming into operation of this Part. | ||
(b) An application made to the Agency pursuant to Regulation 12B or 12J (inserted by Regulation 7 of the European Union (Fluorinated Greenhouse Gas) (Amendment) Regulations 2019 ( S.I. No. 367 of 2019 ) and amended by Regulation 3 of the European Union (Fluorinated Greenhouse Gas) (Amendment) Regulations 2020 ( S.I. No. 32 of 2020 )) of the European Union (Fluorinated Greenhouse Gas) Regulations 2016 ( S.I. No. 658 of 2016 ) by an individual who holds a qualifying certificate or a qualifying training attestation is deemed to be an application made for the purpose of paragraph (a) where the Agency has not determined before the time and date specified in Regulation 12B(3)(a) or 12J(3)(a), as the case may be, of those Regulations that the application has been made in accordance with the procedures established by the Agency in that behalf. | ||
(5) The Agency shall issue a certificate or training attestation where an application is made in accordance with this section and in accordance with the procedures established by the Agency in that behalf. | ||
(6) An individual to whom a certificate is issued in accordance with this section may carry out the activity in respect of which the certificate is issued subject to and in accordance with the procedures established by the Agency in relation to the suspension and withdrawal of any such certificate. | ||
9 OJ No. L 301, 18.11.2015, p.22 |