| (1) |
The Regulator must evaluate prospective training institutions who have, in the prescribed form, applied for registration, and must, subject to any conditions the Regulator considers necessary, including meeting applicable prescripts envisaged under the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), and the Skills Development Act, 1998 (Act No. 97 of 1998), register an appropriate number of training institutions for a period not exceeding five years to— |
| (b) |
assess and evaluate persons applying for a safety critical grade licence. |
| (2) |
The board must, subject to the National Qualifications Framework Act, 2008, and the Skills Development Act, 1998, determine a policy for the registration of training institutions, taking into account all relevant factors, including— |
| (a) |
the nature and level of training required for individual safety critical grades; |
| (b) |
qualifications already recognised within the national qualification framework or similar systems applicable to individual safety critical grades; |
| (c) |
the nature of assessment and evaluation; |
| (d) |
the need for on-going training and re-training; |
| (e) |
the availability of potential service providers in a specific geographical area to provide the required training services; |
| (f) |
the impact on the availability of human resources if requirements are excessive; |
| (g) |
the financial implications for employees and employers; |
| (h) |
the business processes required for a potential applicant to successfully and sustainably render all services required over the full period of registration; |
| (i) |
reporting requirements by a registered service provider; |
| (j) |
the circumstances under which a registration may be suspended or revoked; and |
| (k) |
the Regulator’s capacity and requirements to continuously and effectively monitor and evaluate a registered service provider. |
| (3) |
The Regulator must publish the policy for the registration of training institutions in the Gazette and on its website. |
| (4) |
An applicant for registration must, when submitting its application, pay the application fee that may be determined by the Minister by notice in the Gazette. |
| (5) |
The Regulator must, when considering an application by a potential training institution for registration, take all relevant factors into account, including— |
| (a) |
the applicant’s experience in providing training and assessment; |
| (b) |
the applicant’s ability to render all services required over the full period of registration; |
| (c) |
whether the training to be offered by the applicant is recognised under a national qualification framework or similar system; |
| (d) |
the extent to which the applicant can separate its training and assessment services from its operational divisions; and |
| (e) |
the applicant’s ability to report and respond to queries of the Regulator for all training and assessment services. |
| (6) |
The Regulator must within four months of receipt of an application contemplated in this section in writing inform the applicant of its decision in this regard, but if the application is declined, the Regulator must provide reasons for its decision. |
| (7) |
A registered training institution may after expiry of its registration apply for the renewal of that registration. |
| (8) |
An operator who has been registered as a training institution may offer services to its own employees, but those employees may not receive any benefit, privilege or advantage that is not available to participants who are not employees of that training institution. |
[Section 35 excluded from commencement date of 1 August 2025, as per Proclamation Notice 269, GG52947, dated 7 July 2025]
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