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Question on Training Standards

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derek
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Question on Training Standards

Post by derek »

If a government body such as the HSE have established a minimum level of training to meet the HSE standard to allow an individual to work to work in the diving industry, but it is not possible to undertake the specialised training in the UK as no schools now exist to undertake the training.

Can the HSE insist their training standards remain as I thought that a government body could not make regulations with standards that were not possible to attain in the UK.

Tricky one unless someone with a legal bent can point me to the appropriate law. I can’t find the answer on the internet.

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Re: Question on Training Standards

Post by Alexis »

Bump.

Can anyone offer any assistance to derek on this one?

Many thanks in advance.
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quality_somerset
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Re: Question on Training Standards

Post by quality_somerset »

In many areas of UK law the government has provided extensions to cover periods where training and certification are required (MOT, driving licences, first aid etc).

Have you tried giving diving@hse.gov.uk a go? They should be able to provide answers to your questions.

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derek
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Re: Question on Training Standards

Post by derek »

The dispute is that the HSE set the training standard to be met. But there is no facility in the UK to undertake the said training standard and the individual must go abroad to get it.

Therefore, how can the HSE insist on a standard made under secondary legislation authorised by the Enabling Act, (the HASWA 1974) for which the validity of that delegated legislation and its standards cannot be met in the UK.
It’s a bit like DVSA setting the driving standard to be achieved in the UK but the individual can’t take a test or lessons in the UK.

Industry is trying to find a route, but it is taking too long as I know from experience with dealing with government bodies. They drag their feet a lot and sometimes need a good kick in the rear with a legal threat.

Some say this insistence by the HSE can be contested for the purported exercise of the power of the HSE being unreasonable for a procedural deficiency or irregularity.

Other say, take the HSE to court with the plea of Misfeasance and/or Ultra Vires for “performing a legal act in an illegal way, without intending to, by exceeding its powers to do so”.

Just wondered if anyone else knew of another route or legal precedence that might be more diplomatic.
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