Regulation 5A

If it appears to the Registrar that a person appointed by an authorised examiner as a manager, an engineer, a chief inspector or an inspector (called in this rule the relevant appointee) is unfit to perform the functions and duties of the appointment, the Registrar may by notice in writing require the examiner to cancel the relevant appointee’s appointment as such.

The Registrar must, before requiring an authorised examiner to cancel a relevant appointee’s appointment under paragraph (1), give the examiner and the relevant appointee notice in writing of the Registrar’s intention to do so and an opportunity to submit reasons, within such period as the Registrar may specify in that notice, as to why the relevant appointee’s appointment should not be cancelled.

Pending any decision to require an authorised examiner to cancel a relevant appointee’s appointment under paragraph (1), the Registrar may, if the Registrar considers it necessary in the interest of public safety, by notice in writing require the examiner to immediately stop the relevant appointee from performing the functions and duties of the relevant appointee’s appointment.

The Registrar is not liable for any expenses that an authorised examiner may incur in complying with this rule.

To avoid doubt, nothing in this rule empowers the Registrar to require an authorised examiner to terminate the employment of the examiner’s employee.