Section 83
Modification, suspension or cancellation of Certificate of Competency
of Gas Supply Regulations 2023
Notwithstanding regulation 82, the Commission may, in its discretion, modify, suspend or cancel a Certificate of Competency issued under these Regulations in the case of serious misconduct by the holder of the Certificate of Competency or where an offence has been committed under the Enactment or these Regulations.
(2)
For the purpose of subregulation (1), “serious misconduct” means one or more of the following:
(a)
sleeping while on duty;
(b)
causing damage to equipment by careless operation;
(c)
causing danger to life by careless operation;
(d)
causing damage to equipment by neglecting to use safety devices provided;
(e)
causing danger to life by neglecting to use safety devices provided;
(f)
being under the influence of alcohol or drugs or both whilst on duty;
(g)
making or causing to be made a false or fraudulent declaration, certification or representation, either in writing or otherwise; and
(h)
failing to carry out diligently the duties as prescribed in these
Regulations.
(3)
When an authorized officer has reason to believe that a person who holds a
Certificate of Competency has committed an offence under the Enactment or these
Regulations or any serious misconduct under these Regulations and is no longer fit to hold the Certificate of Competency, he shall forthwith suspend the Certificate and shall refer the matter within seven days from the date of suspension to the
Commission.
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(4)
Upon receipt of the matter referred to him under subregulation (3), the
Commission shall, within seven days, appoint a Committee consisting of the
Chairman as his representative and two other authorized officers to be nominated by the Commission to enquire into the alleged offence or misconduct referred by the authorized officer.
(5)
The alleged offender shall be given the opportunity to defend himself against such alleged offence or misconduct before the Committee.
(6)
The Committee shall, within fourteen days, forward its findings and recommendations to the Commission who shall decide whether to modify or to suspend for any period of time or to cancel the Certificate of Competency.
(7)
A person who is aggrieved by the decision of the Commission under subregulation (6) may apply to the Minister for a reconsideration of the matter.
(8)
The application under subregulation (7) shall be made in writing within twenty-one days from the date of the decision of the Commission and shall contain the grounds of grievance.
(9)
The decision of the Minister on the matter referred to him under subregulation
(7)
shall be final.