Cap. 56activeordinance

Boilers and Pressure Vessels Ordinance

鍋爐及壓力容器條例

Full legislation

s.6

Certificates of competency

(1)
The Authority may, upon application in writing, issue a certificate of
                competency to a person if that
person—
(a)
has produced evidence that satisfies the Authority that he has adequate
                    experience, skill and knowledge in the operation of all classes and types of
                    boiler and steam receiver or of boilers or steam receivers, or both, of the
                    class or type to be specified in the certificate, as the case may be;
                    or
(b)
has, by passing an examination conducted by the Authority, satisfied the
                    Authority that he has adequate experience, skill and knowledge in the operation
                    of all classes and types of boiler and steam receiver or of boilers or steam
                    receivers, or both, of the class or type to be specified in the certificate, as
                    the case may be.
(Replaced
15 of 2002 s. 2
)
(2)
Every certificate of competency shall be in the prescribed form and shall, as
                the case may be, certify that the person to whom it is issued
is—
(a)
competent to operate all classes and types of boiler and steam receiver and
                    their auxiliary equipment; or
(b)
competent to operate boilers or steam receivers, or both, and their
                    auxiliary equipment, of the class or type specified therein.
(3)
The Authority may, upon application in writing by a person who has been issued
                with a certificate of competency referred to in subsection
(2
)(
b)
,
                endorse the existing certificate of the person or issue a new certificate of
                competency to certify that the person is competent to operate all classes and types
                of boiler and steam receiver or is competent to operate boilers or steam receivers,
                or both, of a class or type
                        (
additional
                        class or
                type
)
                in addition to the class or type specified in the existing certificate, as the case
                may be.
(Replaced
15 of 2002 s. 2
)
(3A)
The Authority may endorse an existing certificate of competency of, or issue a
                new certificate of competency to, a person under subsection (3) only if that
person—
(a)
has produced evidence that satisfies the Authority that he has adequate
                    experience, skill and knowledge in the operation of all classes and types of
                    boiler and steam receiver or of boilers or steam receivers, or both, of the
                    additional class or type, as the case may be; or
(b)
has, by passing an examination conducted by the Authority, satisfied the
                    Authority that he has adequate experience, skill and knowledge in the operation
                    of all classes and types of boiler and steam receiver or of boilers or steam
                    receivers, or both, of the additional class or type, as the case may be.
(Added
15 of 2002 s. 2
)
(4)
The Authority
may—
(a)
revoke a certificate of competency if it ceases to be satisfied that the
                    holder of the certificate has adequate skill or knowledge in the operation of
                    all classes and types of boiler and steam receiver specified in the certificate;
                    or
(b)
amend a certificate of competency by deleting a class or type of boiler or
                    steam receiver specified in the certificate if it ceases to be satisfied that
                    the holder of the certificate has adequate skill or knowledge in the operation
                    of that class or type of boiler or steam receiver, as the case may be.
(Replaced
15 of 2002 s. 2
)
(5)
A person who makes an application under subsection (1) or (3) shall pay the
                prescribed application fee.
(Added
15 of 2002 s. 2
)
(6)
The Authority shall cause examinations to be conducted and shall appoint
                assessors for the purposes of subsections
(1
)(
b)
and
(3A
)(
b)
.
(Added
15 of 2002 s. 2
)
(7)
A person who has taken an examination referred to in subsection
(1
)(
b)
or
(3A
)(
b)
may, within 28 days of being notified of
                his examination result, request in writing the Authority to review the
                    result.
(Added
15 of 2002 s. 2
)
(8)
Upon receipt of a request under subsection (7), the Authority shall review the
                examination result to which the request relates as soon as practicable and shall
                notify in writing the person of its decision within 28 days after the completion of
                the review.
(Added
15 of 2002 s. 2
)
(9)
The Authority shall consider any written representation submitted by the person
                concerned before it makes a decision under subsection (8).
(Added
15 of 2002 s. 2
)
(10)
A person aggrieved by a decision of the Authority made in respect of him under
                subsection
(1
)(
a)
,
(3A
)(
a)
or
(4
)(
a)
or (b) may,
                within 28 days of being notified of the decision by the Authority, appeal to the
                Administrative Appeals Board.
(Added
15 of 2002 s. 2
)
(11)
A revocation or amendment of a certificate of competency by the Authority under
                subsection
(4
)(
a)
or (b), as the case may be, shall have immediate
                effect, notwithstanding any appeal lodged by the holder of the certificate against
                the decision under subsection (10).
(Added
15 of 2002 s. 2
)