APPROVAL TO PRACTICE AS A COMPETENT PERSON

Transcription

1 REGULATOR FOR ENERGY AND WATER SERVICES LIQUEFIED PETROLEUM GAS MARKET REGULATIONS, S.L APPROVAL TO PRACTICE AS A COMPETENT PERSON IN THE LPG MARKET Regulator for Energy and Water Services Millennia 2nd Floor Aldo Moro Road Marsa MRS 9065 Malta Tel: Fax: enquiry@rews.org.mt

2 APPROVAL TO PRACTICE AS A COMPETENT PERSON IN THE LPG MARKET Approval Number: REWS/ Approval granted by the Regulator for Energy and Water Services under the Liquefied Petroleum Gas Market Regulations, 2008 (SL ), hereinafter to be referred to as the Regulations to Name and Surname, holder of Identity Card / Passport Number (M), with the contact address at House name, Street name. Town, Postcode, (hereunder known as the Competent Person) who is being approved to practice as a Competent Person in the LPG Market. Approval is being granted under the attached conditions for the time span declared hereunder. The Regulator reserves the right to amend, modify, replace add or delete the conditions associated with this approval. Any changes in the information submitted to the Regulator in relation to the granting of this approval must be submitted to the Regulator. Validity of the Approval: DD/MM/YYYY to 5 years after Regulator for Energy and Water Services Version: 09/2015 Page 2 of 12

3 COMPETENT PERSON APPROVAL CONTENTS 1.0 DEFINITIONS LIMITATIONS, VARIATIONS AND AMENDMENTS LIMITATIONS VARIATIONS AND AMENDMENTS GENERAL CONDITIONS VALIDITY COMPLIANCE TRANSFER OF APPROVAL REQUIREMENTS AND OBLIGATIONS TERMINATION OF THE APPROVAL INSURANCE SUSPENSION, REVOCATION OR CANCELLATION OF THE APPROVAL SPECIAL CONDITIONS Version: 09/2015 Page 3 of 12

4 1.0 DEFINITIONS In this approval (except in so far as the context otherwise requires) the definitions of the terms used in this approval are the same as those in the Regulator for Energy and Water Services Act (Cap 545), the Engineering Profession Act (Cap 321), the Malta Standards Authority Act (Cap 419) and the Liquefied Petroleum Gas Market Regulations, SL Version: 09/2015 Page 4 of 12

5 2.0 LIMITATIONS, VARIATIONS AND AMENDMENTS 2.1. Limitations Nothing in this approval or the conditions attached thereto should be construed as, and/or should in any way be understood and, or be deemed to exonerate the holder and/or any other person or persons from being obliged to observe, comply with or carry out any requirement or comply with a provision of any law or subsidiary legislation or any other legal requirement for the time being in force The granting of this Approval by the Regulator should not in any way be construed as an approval of the work carried out by the Competent Person. The Regulator does not assume any responsibility and shall not be liable for any loss or damage whatsoever which may occur from work carried out by the Competent Person Variations and Amendments Special conditions may be attached to this approval upon its granting and subsequent to that time thereof. The continuing validity of this approval shall be subject to adherence to such special conditions Any special condition, exemption or variation shall be read together with, and construed as being part of these conditions, unless otherwise specified Any general condition in 3.0 GENERAL CONDITIONS or special condition in 4.0 SPECIAL CONDITIONS of this approval may be amended or varied, or new general and special conditions added, at the discretion of the Regulator for Energy and Water Services, giving where practicable due notice to the Competent Person. Version: 09/2015 Page 5 of 12

6 3.0 GENERAL CONDITIONS 3.1. Validity This approval permits the Competent Person to carry out assessment inspections of authorised facilities which shall include any of the following: a) fixed piped networks; b) secondary storage facilities of LPG; c) autogas retail stations; supervise the material alterations made at authorised facilities, fixed piped networks, secondary storage facilities of LPG and at autogas retail stations; certify in writing that the authorised facilities, fixed piped networks, secondary storage facilities of LPG, or autogas retail stations are designed and maintained as prescribed in any authorisation conditions and according to guidelines and Codes of Practice duly approved by the Regulator; carry out other work of a technical nature that is complimentary or ancillary to the above; Any request for changes to the data provided in the application form submitted to the Regulator for the issue of this approval shall be properly notified to the Regulator in the form and manner as required by the Regulator The Competent Person shall inform the Regulator of any changes which result in the conditions for his approval no longer being met. Version: 09/2015 Page 6 of 12

7 This approval, including the granting form duly issued by the Regulator and any special conditions issued shall be produced to an official of the Regulator upon demand Compliance In the execution of his duties and activities the Competent Person, and all persons employed by him or under his supervision, shall act in accordance with the requirements of the Regulations and other applicable legislation / regulation in force at the time In the execution of his duties and activities the Competent Person, and all persons employed by him or under his supervision, shall execute the regulated operations, activities and practices in accordance with the conditions associated with this approval and must comply with relevant Codes of Practice Guidelines and Appropriate Standards, decisions and directions which may be issued by the Regulator from time to time. The Competent Person undertakes to accept directions in the form of letters, s, standards, guidelines, codes of practice or rules given by the Regulator, intended to explain or amplify the conditions associated with this approval or otherwise improve the general conduct of activities of the LPG Market The Competent Person shall comply with the existing Code of Ethics regulating the Engineering Profession as described in article 18 of the Engineering Profession Act (CAP. 321) This approval shall not exempt the Competent Person from complying with any requirement under any other law. Version: 09/2015 Page 7 of 12

8 3.3. Transfer of Approval This approval shall remain the property of the Regulator and is non transferable 3.4. Requirements and Obligations The Competent person shall, if so asked by the Regulator in deciding about the retention, grant, issue, amendment or renewal or any other matter pertaining to this approval, meet the following requirements where appropriate: be compliant with all other relevant permits, approvals and authorisations, however so described, issued by any other public Regulator; be of private and professional integrity; have a record of compliance with the relevant Codes of Practice, Guidelines, Standards and Code of Ethics however so described, issued by the Regulator and, or any other public Regulator and any other relevant laws; be compliant with the requirements contained in the Authorisations (Suspension, Refusal and Revocation) Regulations, SL The Competent Person shall, as may be required by the Regulator, undergo further training and obtain further relevant accreditation related to the LPG market in order to retain the validity of this approval. Version: 09/2015 Page 8 of 12

9 The Competent Person may be required by the Regulator to be a member throughout the validity of his approval of one or more industry bodies as designated by the Regulator Termination of the Approval When the Competent Person, decides either to suspend or terminate this approval, he shall promptly notify the Regulator in the form and manner prescribed by the Regulator, to notify such a termination or suspension Upon acknowledgment by the Regulator to the Competent Person of the notification for the suspension or termination of the approval, the approval shall be considered to have ceased to be in force and with immediate effect from the date of such acknowledgment any work, certification, supervision or assessment inspection carried out by that person shall henceforth be deemed to be uncertified Notwithstanding any notification for the termination or suspension of the approval, the Competent Person shall remain liable for the payment of any fees due prior to such notification Notwithstanding any notification for the termination or suspension of the approval, the Competent Person shall still be responsible for produce to the Regulator in the form and manner it deems appropriate, any documentation or information required by the Regulator Insurance This approval shall be invalid unless the competent person maintains in place Indemnity Insurance, as required by the Engineering Profession Act (CAP 321), throughout the duration of the approval. Version: 09/2015 Page 9 of 12

10 The competent person shall submit to the Regulator a copy of the insurance policy of his Indemnity Insurance. The competent person is obliged to inform the Regulator in the event of the renewal of such insurance policy and also in respect of any changes which may be effected to such existing insurance policy The Regulator reserves the right to stipulate minimum requirements which must be covered by the insurance policy Suspension, revocation or cancellation of the Approval At any time in the course of the period for which the approval is valid, the Competent Person may have his approval suspended, revoked or cancelled where the Regulator is satisfied that: the Competent Person has failed or is failing to abide by any conditions of the approval or to abide by the Regulations; or the Competent Person is contravening any requirement imposed by law; or the Competent Person fails to comply with any directive given by the Regulator as to such matters as are specified in the approval or are of a description so specified; or any information submitted in the application for an approval or the application for renewal of an approval and for which the approval has been issued or renewed, as the case may be, is determined to be false; or the Competent Person, wilfully or through negligence, fails to inform the Regulator of any changes related with the original details as Version: 09/2015 Page 10 of 12

11 submitted in the application form intended for this approval or fails to inform the Regulator with further changes to subsequent amendments; or the Competent Person does not meet the criteria in respect of one or more of the criteria referred to in clause 3.4 Requirements and Obligations; or the Competent Person fails to pay the necessary annual fees (if any) associated with this approval; the Competent person fails to comply with any of the requirements contained in the authorisations (Suspensions, Refusal and Revocation) Regulations (S.L ). Version: 09/2015 Page 11 of 12

12 4.0 SPECIAL CONDITIONS 4.1. NONE Version: 09/2015 Page 12 of 12