Addendum to previous update
On 21st July the matter of UKRS v NSAR was restored to the Competition Appeals Tribunal (CAT). On the day before the hearing the parties received a letter from the President of the CAT, suggesting that a convenient means of dealing with the question of whether NSAR’s training and assessment auditing decisions are subject to competition law, would be for a Preliminary Issue hearing to determine the matter.
NSAR’s written submission to the Tribunal reiterated points made in an application to the CAT to strike out UKRS’s claim, namely that, in the context of the critical need to protect public and worker safety, NSAR’s obligations are not subject to review as a matter of competition law.
The CAT will provide the parties with an early date for the hearing of the Preliminary Issue.
For a full transcript of the hearing please refer to the CAT website (Case No 1258/5/7/16) or follow this link: http://www.catribunal.org.uk/237-9263/1258-5-7-16-UKRS-Training-Limited.html
Summary
30 June
On 17th May 2016 UKRS Training Ltd, an accredited training provider under the Rail Training Accreditation Scheme (RTAS), was suspended for three months with effect from 21st June 2016. NSAR concluded that UKRS had failed to demonstrate strong procedural processes, incomplete Safe System of Work Packs, the management of fatigue and working hours was ineffective and that the quality of the training pack verification was significantly below standard.
This is the second time that UKRS has failed an audit. It was previously suspended on 24th December 2015 after NSAR concluded that UKRS had failed to comply with close-out actions agreed during a standard audit in September 2015.
UKRS’s suspension came into effect once its appeal to NSAR was dismissed by letter on 17th May. During the period allowed for the appeal, NSAR postponed the commencement of the suspension.
NSAR declined further to delay the period of suspension when UKRS threatened legal proceedings. As a result, UKRS applied to the Competition Appeal Tribunal (“CAT”) for an interim injunction. At a hearing on 28th June 2016, the matter was adjourned on terms so that the injunction can be fairly heard on 21st July 2016. NSAR agreed that pending the hearing on 21st July 2016 or further order of the Tribunal, the period of the suspension should be postponed, so that UKRS will be entitled to register candidates for Sentinel Cards.
Further documentation is available on the CAT website at http://www.catribunal.org.uk/ . On or before 8th July 2016, UKRS Training Ltd is required to set out its detailed legal case in a Claim Form to be issued from the CAT. By rule 33(8) of the CAT rules, a summary of the claim will be published on the CAT website.
Background
The National Skills Academy for Rail is working closely with partners to strengthen standards in rail training. In common with other safety sensitive regulated industries, rail infrastructure owners have a legal duty, for obvious safety reasons, to ensure personnel working on assets are appropriately competent. There are predetermined protocols for delegating the responsibility for making competence assessments to training providers. NSAR’s role is to ensure these protocols are adhered to. There is a consensus that standards in rail need continuously to improve, and lead partners have strengthened the assurance regime. The protocols allow for providers with repeat poor audits and or major non-compliances to be suspended or even excluded from the RTAS scheme. If an appeal is concluded and the provider does not agree with the result, then its recourse is to the courts.
For further information please contact Stefan.berci@nsar.co.uk