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Regulation 2

SCHEDULE 1REGULATIONS REVOKED

(1) Title of Regulations(2) S.I. Number(3) Regulations revoked
The 1993 Regulations1993/1213In regulation 2(1), the definitions of “existing boatman’s licence” and “mile”;
regulation 3(1), (2) and (3A);
in regulation 3(3), the words “Subject to paragraph (3A)” and “III, and”;
regulations 4 to 13; and
regulation 15.
The Merchant Shipping (Hours of Work) Regulations 20022002/2125Schedule 2, paragraph 2.
The Merchant Shipping (Working Time: Inland Waterways) Regulations 20032003/3049Schedule 2, paragraph 1.

Regulations 6 and 8

SCHEDULE 2 IWSPB CODE QUALIFICATIONS

PART 1QUALIFICATIONS

(1) Qualification(2) Waters for which it is appropriate
RYA/DfT Coastal Skipper Certificate endorsed as valid for vessels up to 24m load line length used for commercial purposesCategories A, B, C and D
RYA/DfT Day Skipper Certificate endorsed as valid for vessels up to 24m load line length used for commercial purposesCategories A, B, C and D
RYA/DfT Powerboat (Level 2) Certificate endorsed as valid for vessels up to 24m load line length used for commercial purposesCategories A, B C and D
British Waterways Boatmanship LicenceCategories A and B
National Community Boats Association Certificate in Community Boat ManagementCategories A and B
Boatman’s licence issued by a competent navigation authorityWaters covered by the licence

PART 2FURTHER PROVISIONS

Conditions applying to certain qualifications

1.  The IWSPB Code qualifications specified in paragraph 2 are subject to the condition that a holder is qualified to serve as master of a vessel for the purposes of regulation 8(5)(a) only after he has had 12 months’ relevant experience.

2.  The qualifications are—

Interpretation

3.  In this Schedule, “relevant experience” means experience which has been gained in the United Kingdom and which the Secretary of State is satisfied has been gained—

(a)in an appropriate deck capacity,

(b)on a suitable vessel, and

(c)on the relevant waters;

4.  A designation in this Schedule of a certificate as an “RYA/DfT” certificate means that the certificate is one issued by the Royal Yachting Association and its issue has been approved by the Department for Transport.

Regulations 9 and 15

SCHEDULE 3CLASSES OF BOATMASTER’S LICENCE AND ENDORSEMENT AND BOATMASTER’S CERTIFICATE

PART 1BOATMASTERS’ LICENCES

(1) Class of licence(2) Vessel operations and waters for which licence is valid
A. Tier 1 boatmaster’s licences:
Tier 1 (Level 1) without endorsementVessel operations: (i) small passenger vessel operations except operations with fast craft and (ii) other vessel operations not specified in this Part in relation to a class of endorsement (but including emergency towing assistance or rigid pushing operations).
Waters: waters of categories A and B and waters of category C if not linked to any other waters, except waters where a relevant local knowledge endorsement is required.
Tier 1 (Level 2) without endorsementVessel operations: (i) small passenger vessel operations except operations with fast craft and (ii) other vessel operations not specified in this Part in relation to a class of endorsement (but including emergency towing assistance or rigid pushing operations in waters of category A or B or waters of category C if not linked to any other waters).
Waters: all waters appropriate to the class of vessel except waters where a relevant local knowledge endorsement is required.
A passenger operations (general) endorsementVessel operations: operation of passenger ships, other than fast craft, carrying not more than 250 passengers.
Waters: waters otherwise authorised.
A large passenger vessel endorsementVessel operations: any passenger ship operation except operations with fast craft.
Waters: waters of categories A, B, C and D.
A towing and pushing endorsementVessel operations: vessels engaged in specialist towing and pushing operations.
Waters: as otherwise authorised.
A cargo endorsementVessel operations: operations involving the carriage of general cargo and ro-ro operations, but excluding operations with fast craft.
Waters: as otherwise authorised.
An oil and chemical cargo endorsementVessel operations: operations involving the carriage of oil and chemical cargo except operations with fast craft.
Waters: as otherwise authorised.
A dredging endorsementVessel operations: vessels engaged in dredging operations.
Waters: as otherwise authorised.
A radar endorsementVessel operations: operations which are otherwise authorised and the vessel is navigated using radar.
Waters: as otherwise authorised.
A fast craft endorsementVessel operations: operations with fast craft.
Waters: as otherwise authorised.
A relevant local knowledge endorsementVessel operations: as otherwise authorised.
Waters: those local waters to which the endorsement relates.
B. Tier 2 boatmaster’s licences:
Tier 2 (passenger-carrying operations)

Vessel operations: passenger-carrying operations with vessels on which the licence holder has completed his qualifying service but with the following grading—

  • licence limited to operations with small passenger vessels and passenger ships carrying not more than 100 passengers;

  • licence limited to operations with small passenger vessels, passenger ships carrying not more than 250 passengers;

  • licence for any passenger-carrying operation.

Waters: those waters of (i) category A or B or (ii) category C, if not linked to any other waters, which (having regard to the nature and length of the licence holder’s qualifying service) are specified in the licence.
Tier 2 (other operations)Vessel operations: vessels and operations, other than passenger-carrying operations, on which the licence holder has completed his qualifying service.
Waters: those waters of (i) category A or B or (ii) category C, if not linked to any other waters, which (having regard to the nature and length of the licence holder’s qualifying service) are specified in the licence.

PART 2BOATMASTERS’ CERTIFICATES

(1) Class of certificate(2) Equivalent class of boatmaster’s licence
Group A certificates
General certificateTier 1 (Level 2) with cargo and towing and pushing endorsements.
Certificate attesting competence in radar navigationTier 1 (Level 2) with cargo, towing and pushing and radar endorsements.
Certificate attesting competence in passenger transportTier 1 (Level 2) with cargo, towing and pushing, passenger operations (general) and large passenger vessel endorsements.
Certificate attesting knowledge of local navigation requirementsTier 1 (Level 2) with cargo and towing and pushing endorsements and a relevant local knowledge endorsement for the waters specified in the certificate.
Group B certificates
General certificateTier 1 (Level 1) with cargo and towing and pushing endorsements.
Certificate attesting competence in radar navigationTier 1 (Level 1) with cargo, towing and pushing and radar endorsements.
Certificate attesting competence in passenger transportTier 1 (Level 1) with cargo, towing and pushing, passenger operations (general) and large passenger vessel endorsements .
Certificate attesting knowledge of local navigation requirementsTier 1 (Level 1) with cargo and towing and pushing endorsements and a relevant local knowledge endorsement for the waters specified in the certificate.

PART 3INTERPRETATION AND EXPLANATORY PROVISIONS

Boatmasters’ licences

1.  In this Schedule—

“cargo” means all the things which are transported on a vessel, except fuel for the vessel, solid or liquid ballast, consumables to be used on board, the permanent outfit and equipment of the vessel, stores and spare gear for the vessel, the personal baggage and belongings of the crew and any passengers and the equipment necessary for or related to the activities being undertaken by the vessel;

“dangerous goods” means the following materials (other than those which would be oil and chemical cargo): explosives, gases, flammable solids, oxidising substances, organic peroxides, toxic and infectious substances, radioactive material, corrosive substances and substances and articles having similar dangerous characteristics;

“fast craft” means a vessel capable of a maximum speed when fully laden of at least 20 knots (where “maximum speed” means the speed achieved at the maximum continuous rating of the vessel’s propulsion machinery);

“general cargo” means any cargo other than oil and chemical cargo but includes packaged dangerous goods;

“oil and chemical cargo” means oil, liquid chemicals and liquefied gases;

“qualifying service”, in relation to a Tier 2 boatmaster’s licence, has the meaning given in regulation 11(10);

“relevant local knowledge” means knowledge of local regulations and other navigation requirements and of the hazards and other features specific to an area of water which affect safe navigation in that area;

“relevant local knowledge endorsement” means an endorsement authorising operations in specified waters (or in a specified part of the waters) for which relevant local knowledge is required ;

“specialist towing or pushing operations” means operations involving the towing or pushing of vessels, including ship towage with tugs (other than emergency towing assistance and rigid pushing operations on waters of category A or B or waters of category C if not linked to other waters).

2.—(1) Subject to the following provisions of this paragraph, a class of boatmaster’s licence or endorsement specified in column (1) of the table in Part 1 of this Schedule authorises a person to serve as master of a vessel of a description mentioned in column (2) for the purposes of operations of a description mentioned in that column and in the waters specified in that column.

(2) A cargo endorsement held by a person under the age of 21 does not authorise its holder to serve as master on a vessel if its overall length exceeds 40 metres (“overall length” being the maximum length of the vessel including all fixed installations such as parts of the steering system or power plant and mechanical or similar devices).

(3) In waters for which relevant local knowledge is required a boatmaster’s licence does not authorise its holder to undertake any operations (other than operations necessary to deal with an emergency) unless he also holds an endorsement appropriate to those waters.

3.—(1) Subject to the following provisions of this paragraph, a class of UK certificate specified in column (1) of the table in Part 2 of this Schedule confers on its holder authority to serve as master of a vessel which is equivalent to that conferred by the class of boatmaster’s licence specified in column (2) of that table.

(2) In waters for which relevant local knowledge is required, a UK certificate does not authorise its holder to undertake any operations (other than operations necessary to deal with an emergency) unless it is a certificate attesting to his knowledge of local navigation requirements in those waters.

4.—(1) Subject to the limitation specified in paragraph (2), a class of boatmaster’s certificate issued in an EEA State other than the United Kingdom corresponding to a class of UK certificate confers on its holder authority to serve as master of a vessel equivalent to the authority conferred by that class of UK certificate.

(2) The limitation is that no certificate authorises its holder to serve as master of a vessel at sea.

5.  A fast craft endorsement may be limited—

(a)to a specified description of vessel,

(b)to navigation on voyages following a specified route, or

(c)both to a specified description of vessel and to navigation on voyages following a specified route.

6.  Relevant local knowledge is required for operations in the waters specified in the table below.

Table: relevant local knowledge requirements
(1) Port or harbour area(2) Extent of waters where a relevant local knowledge endorsement is required
Bristol PortThe River Avon from Ashton Swing Bridge to the mouth of the Avon and King Road from Portishead Point to the port limits to the North and West
Caernafon and Menai StraitFrom the Southern Limit specified in the Menai Strait Pilotage District Pilotage Directions, that is an imaginary line joining positions 53˚09.6’N 004˚25.7’W (Malltraeth Bay); 53˚05.0’N 004˚32.15’W (Caernafon Bay) and 53˚00.55’N 004˚23.58’W (afon Hen, Clynnog) to a line drawn between Bangor Pier and Garth-y-Don
Dee ConservancyFrom an imaginary straight line connecting Point of Ayr (National Grid reference point SJ 12268519) and Hilbre Point (National Grid reference point SJ 20298843) to the Airbus Load-out Facility at Broughton
Dover HarbourThe harbour and the sea within a distance of one mile from the seaward limits of the harbour
Fowey HarbourThe upper estuary, north of Upper Carne Point
Gloucester HarbourThe Severn estuary from the harbour limits at Goldcliff to the weirs at Maisemore, Lanthony (Gloucester) on the tidal River Severn, and to Bigsweir Bridge on the tidal River Wye.
Port of LiverpoolThe River Mersey from a straight line drawn between the Perch Rock Lighthouse and Gladstone River Entrance West Bullnose, south to a straight line drawn between the East Bullnose of Eastham 50’ Lock and the West Bullnose of Stalbridge (Garston) Lock
Port of LondonThe River Thames from Putney Bridge to the eastern limit of the Thames Barrier Control Zone (currently Margaretness)
Padstow HarbourThe waters within a line joining Stepper Point, Gulland Rock and Pentire Point
Portsmouth HarbourThe waters between No. 4 Bar Buoy and a line drawn from No. 98 Pile to Whale Island.
Isles of ScillyThe waters within a line drawn from Bishop Rock Lighthouse to Scilly Rock, Round Island, White Island, Hanjague and around the South East of St Mary’s.
TeignmouthThe waters from Ness Point to 100 yards East of Den Lighthouse

Regulations 13 and 19

SCHEDULE 4STANDARDS OF COMPETENCE FOR BOATMASTER’S LICENCES AND CERTIFICATES

PART 1BOATMASTER’S LICENCES

Interpretation

1.  In this Part—

“candidate” means a person wishing to apply for a boatmaster’s licence of any class or an endorsement of a licence;

“examiner” means the person appointed under paragraph 8;

“qualifying service”, in relation to a Tier 2 licence, has the meaning given in regulation 11(10);

“syllabus” means the syllabus in paragraph 19.

Tier 1 licences: generic competencies

2.  The competencies required by the holder of a Tier 1 licence are—

(a)(according to the class of licence held) the practical skills and underpinning knowledge set out in sections 1 to 3 of the syllabus, and

(b)(in every case) knowledge of—

(i)basic personal survival and fire fighting techniques, and

(ii)first aid,

to the extent that such knowledge is necessary for the waters in which the holder of the licence is authorised to serve as master.

3.  The minimum level of knowledge necessary to meet the competency specified in paragraph 2(b) is an understanding of so much of the subject matter of section 12 of the syllabus as is appropriate to the class of licence.

Endorsements of Tier 1 licences: special competencies

4.—(1) The competencies required by the holder of an endorsement of a Tier 1 licence other than a radar endorsement are (according to the class of endorsement held) the practical skills and underpinning knowledge set out in sections 4 to 11 of the syllabus.

5.—(1) The competencies required for a radar endorsement are those which form the subject matter of the Small Ships Navigation and Radar Course.

(2) In sub-paragraph (1)—

“Small Ships Navigation and Radar Course” means the course for which the criteria and syllabus have been designed by the Merchant Navy Training Board and approved by the Maritime and Coastguard Agency.

Tier 2 licences: competencies

6.  The competencies required by the holder of a Tier 2 licence are—

(a)such of the generic practical skills, underpinning knowledge and knowledge of personal survival and fire fighting techniques and first aid prescribed in relation to Tier 1 licences as are relevant to the type of vessel operations in which the applicant has undertaken his qualifying service and to the waters to which the licence will relate;

(b)such of the further practical skills and underpinning knowledge as are prescribed in paragraph 4 or 5 of this Part of this Schedule in relation to endorsements of Tier 1 licences (other than the relevant local knowledge endorsement) as are relevant to the type of vessel and operations on which the applicant has undertaken his qualifying service and to the waters to which the licence will relate;

(c)knowledge of so much of the subject matter of section 11 of the syllabus as is relevant to the operational area to which the licence relates.

Evidence of attainment of appropriate standard of competence

7.  Each candidate must keep the following written records—

(a)a record of the necessary practical skills he has mastered and the knowledge and experience he has gained which are relevant to the class of licence or endorsement he wishes to apply for (the “Task Record Book”), and

(b)a record of his service and experience on vessels and in waters which are appropriate to the class of licence or endorsement he intends to apply for.

8.  Subject to paragraph 9, a candidate’s standard of competence must be assessed by a person who is—

(a)appointed for that purpose by the Secretary of State, or

(b)appointed by a person approved by the Secretary of State for the purpose of appointing examiners.

9.—(1) A candidate is deemed to have the appropriate knowledge of basic personal survival and fire fighting techniques and first aid if he produces evidence to the Secretary of State that he has successfully completed a course the subject matter of which satisfies the requirements of paragraph 3.

(2) A candidate is deemed to have the competencies required for the issue of a radar endorsement if he produces evidence to the Secretary of State that he has successfully completed the Small Ships Navigation and Radar Course.

(3) In this paragraph, “successfully completed” means completed to the satisfaction of a person approved by the Maritime and Coastguard Agency who has provided the course.

10.  An application for an assessment of competence or part of an assessment—

(a)must be in such form and contain, or be accompanied by, such particulars and documents as the Secretary of State may specify, and

(b)must be accompanied by the prescribed fee.

11.  A candidate attending for the part of the assessment described in paragraph 12(1)(c) must produce his Task Record Book to the examiner.

12.—(1) The assessment may, at the examiner’s discretion, consist of all or any of the following—

(a)a practical test of seamanship and vessel handling skill in a variety of circumstances chosen by the examiner and conducted on board a vessel of a kind reasonably representative of the class of vessel the command of which the licence or endorsement would authorise in waters appropriate to that class of licence or endorsement,

(b)a written or oral test of the candidate’s knowledge underpinning his practical skills, and

(c)oral questions about the entries in the Task Record Book,

(2) Different parts of the assessment may, if the examiner agrees, take place on different occasions.

13.  In the case of a candidate holding a qualification mentioned in regulation 35(1), a boatmaster’s certificate issued in an EEA State other than the United Kingdom or a Rhine navigation licence, the examiner may, in conducting his assessment, take account of the experience which the candidate has had of commanding or having charge of vessels.

14.  The examiner must as soon as practicable submit a report of his assessment to the Secretary of State and if he is satisfied that the candidate possesses the necessary competencies the Secretary of State must issue the appropriate boatmaster’s licence or endorsement to the candidate.

Representations by aggrieved candidates

15.—(1) A candidate who is aggrieved by an assessment may make representations in writing to the Secretary of State, care of the Customer Care Manager at the appropriate Regional Office of the Maritime and Coastguard Agency setting out his complaint and the reasons for it.

(2) Upon receipt of such representations, the Customer Care Manager must investigate the complaint and if he considers it is justified may offer to take such action in relation to the complaint as he thinks fit.

16.—(1) A candidate who is not satisfied with the action offered may appeal in writing to the Chief Executive of the Agency at Spring Place, 105 Commercial Road, Southampton SO15 1EG setting out the grounds of his appeal.

(2) Upon receipt of such representations, the Chief Executive must investigate the complaint and if he considers it is justified may offer to take such action in relation to the complaint as he thinks fit.

17.—(1) A candidate who is not satisfied with the action offered may ask the Chief Executive to refer the complaint to an independent adjudicator for a review of the fairness of the handling of the complaint.

(2) The independent adjudicator may request such further written evidence as he reasonably requires and may make such recommendations as he thinks fit to the Chief Executive who must act upon them.

18.  For the avoidance of doubt, in paragraphs 15 to 17 “writing” includes e-mail.

Syllabus

19.  The syllabus is set out below—

PART 2BOATMASTERS’ CERTIFICATES

Interpretation

1.  In this Part—

“candidate” means a person wishing to apply for a boatmaster’s certificate of any class;

“examiner” means the person appointed under paragraph 8;

“syllabus” means the syllabus set out in paragraph 19;

Group A and B certificates: generic competencies

2.  The competencies required by the holder of a general Group A certificate are the practical skills and underpinning knowledge set out in section 1 of the syllabus.

3.  The competencies required by the holder of a general Group B certificate are the practical skills and underpinning knowledge set out in section 2 of the syllabus.

Group A and B certificates: special competencies

4.  The competencies required by the holder of a Group A or Group B certificate attesting competence in radar navigation are the practical skills and underpinning knowledge set out in section 3 of the syllabus.

5.  The competencies required by the holder of a Group A or Group B certificate attesting competence in passenger transport are the practical skills and underpinning knowledge set out in section 4 of the syllabus.

6.  The competencies required by the holder of a Group A or Group B certificate attesting knowledge of local navigation requirements are the practical skills and underpinning knowledge set out in section 5 of the syllabus.

Evidence of attainment of appropriate standard of competence

7.  Each candidate must keep a written record (a “Task Record Book”) of the necessary practical skills he has mastered and the knowledge and experience he has gained which are relevant to the class of certificate he wishes to apply for.

8.  A candidate’s standard of competence must be assessed by a person who is—

(a)appointed for that purpose by the Secretary of State, or

(b)appointed by a person approved by the Secretary of State for the purpose of appointing examiners.

9.  An application for an assessment of competence or part of an assessment—

(a)must be in such form and contain, or be accompanied by, such particulars and documents as the Secretary of State may specify, and

(b)must be accompanied by the prescribed fee.

10.  A candidate attending for the part of the assessment described in paragraph 11(2)(b) must produce his Task Record Book to the examiner.

11.—(1) Except where paragraph 12 applies, the assessment must consist of—

(a)(where necessary) a practical test of seamanship and vessel handling skill in a variety of circumstances chosen by the examiner and conducted on board a vessel of a kind reasonably representative of the class of vessel the command of which the certificate would authorise in waters appropriate to that class of certificate; and

(b)an oral test of the candidate’s knowledge underpinning his practical skills.

(2) Subject to paragraphs 12 and 13, the assessment may, at the examiner’s discretion include—

(a)a written examination to test part or all of the candidate’s knowledge underpinning his practical skills, and

(b)questions about the entries in the Task Record Book.

(3) Different parts of the assessment may, if the examiner agrees, take place on different occasions.

12.  This paragraph applies where the candidate holds a Tier 1 boatmaster’s licence with both cargo and towing and pushing endorsements.

13.  Where paragraph 12 applies—

(a)the examiner must assess the candidate’s knowledge of the subject matter of those items in the syllabus for a Group A or Group B certificate marked (a) and (b) under the heading “Navigation” and (b) under the heading “Vessel construction and stability”;

(b)the examiner may assume (unless he has reason to believe otherwise) that the candidate possesses the remaining practical skills and underpinning knowledge required by the holder of a certificate of the group for which he has applied;

(c)the examiner may conduct—

(i)a test mentioned in paragraph 11(1), or

(ii)the test mentioned in paragraph 11(2)(b),

if, and only if, he reasonably believes it to be necessary.

14.  The examiner must as soon as practicable submit a report of his assessment to the Secretary of State and if he is satisfied that the candidate possesses the necessary competencies the Secretary of State must issue the appropriate boatmaster’s certificate to the candidate.

Representations by unsuccessful candidates

15.—(1) A candidate who is aggrieved by an assessment may make representations in writing to the Secretary of State, care of the Customer Care Manager at the appropriate Regional Office of the Maritime and Coastguard Agency setting out his complaint and the reasons for it.

(2) Upon receipt of such representations, the Customer Care Manager must investigate the complaint and if he considers it is justified may offer to take such action in relation to the complaint as he thinks fit.

16.—(1) A candidate who is not satisfied with the action offered may appeal in writing to the Chief Executive of the Agency at Spring Place, 105 Commercial Road, Southampton SO15 1EG setting out the grounds of his appeal.

(2) Upon receipt of such representations, the Chief Executive must investigate the complaint and if he considers it is justified may offer to take such action in relation to the complaint as he thinks fit.

17.—(1) A candidate who is not satisfied with the action offered may ask the Chief Executive to refer the complaint to an independent adjudicator for a review of the fairness of the handling of the complaint.

(2) The independent adjudicator may request such further written evidence as he reasonably requires and may make such recommendations as he thinks fit to the Chief Executive who must act upon them.

18.  For the avoidance of doubt, in paragraphs 15 to 17 “writing” includes e-mail.

Syllabus

19.  The syllabus is as follows—

Regulations 34 and 35

SCHEDULE 5TRANSITIONAL PROVISIONS

PART 1EXPERIENCED PERSONS HOLDING NO QUALIFICATIONS

Interpretation

1.  In this Part—

“service” means service in a working capacity;

“short qualifying period”, in relation to a person having served as master of a vessel on any vessel operation specified in column (1) of the table below, means the period of service specified in relation to that vessel operation in column (2) of that table, and “full qualifying period”, in relation to such a person, means the period of service so specified in column (3) of the table.

Table: Qualifying periods
(1) Vessel operations(2) Short qualifying period(3) Full qualifying period
A. Vessels operating in category C and D waters:
1. Where less than 24 metres load line length and not involved in carrying passengers, towing and pushing, dredging operations or operations with general cargo or oil and chemical cargoNot less than 120 days’ service during a period of not less than 12 monthsNot less than 240 days’ service during a period of not less than 24 months
2. Where 24 metres or more load line length and not involved in carrying passengers, towing and pushing, dredging operations or operations with general cargo or oil and chemical cargoNot less than 180 days’ service during a period of not less than 18 monthsNot less than 360 days’ service during a period of not less than 36 months
3. Where vessel is carrying no more than 12 passengersNot less than 240 days’ service during a period of not less than 24 monthsNot less than 300 days’ service during a period of not less than 36 months
4. Where less than 24 metres load line length and engaged in towing and pushing operationsNot less than 60 days’ service during a period of not less than 6 monthsNot less than 120 days’ service as part of the full qualifying period specified in relation to vessel operation A1 above
5. Where 24 metres or more load line length and engaged in towing and pushing operationsNot less than 120 days’ service during a period of not less than 12 monthsNot less than 180 days’ service as part of the full qualifying period specified in relation to vessel operation A2 above
6. Where less than 24 metres load line length and engaged in general cargo or dredging operationsNot less than 120 days’ service during a period of not less than 12 monthsNot less than 180 working days’ service as part of the full qualifying period specified in relation to vessel operation A1 above
7. Where 24 metres or more load line length and engaged in general cargo or dredging operationsNot less than 240 days’ service during a period of not less than 24 monthsNot less than 300 working days’ service as part of the full qualifying period specified in relation to vessel operation A2 above
8. Where less than 24 metres load line length and engaged in operations with oil and chemical cargoNot less than 120 days’ service during a period of not less than 12 monthsNot less than 240 working days’ service as part of the full qualifying period specified in relation to vessel operation A1 above
9. Where 24 metres or more load line length and engaged in operations with oil and chemical cargoNot less than 240 days’ service during a period of not less than 24 monthsNot less than 300 working days’ service as part of the full qualifying period specified in relation to vessel operation A2 above
B. Vessels operating in category A and B waters:
1. Where not involved in carrying passengers, towing and pushing, dredging operations or operations with general cargo or oil or chemical cargoNot less than 60 days’ service during a period of not less than 6 monthsNot less than 120 days’ service during a period of not less than 12 months
2. Where vessel is carrying no more than 12 passengersNot less than 60 days’ service during a period of not less than 6 monthsNot less than 120 days’ service during a period of not less than 12 months
3. Where engaged in towing and pushing operationsNot less than 30 days’ service during a period of not less than 3 monthsNot less than 90 days’ service as part of the full qualifying period specified in relation to vessel operation B1 above
4. Where engaged in general cargo operations or dredgingNot less than 60 days’ service during a period of not less than 6 monthsNot less than 120 days’ service as part of the full qualifying period specified in relation to vessel operation B1 above
5. Where engaged in operations with oil and chemical cargoNot less than 60 days’ service during a period of not less than 6 monthsNot less than 90 days’ service as part of the full qualifying period specified in relation to vessel operation B1 above

Applications for boatmasters’ licences

2.—(1) An application under regulation 34 must—

(a)be in such form and contain, or be accompanied by, such particulars and documents as the Secretary of State may reasonably require,

(b)state the class of boatmaster’s licence applied for, and

(c)be accompanied by the prescribed fee.

(2) In particular, the Secretary of State may require a person making an application to produce a statement by an independent person attesting that he has completed (as the case may be) the short or full qualifying period of service in relation to the class of licence he is applying for.

Requirements for issue of licence

3.  A person making an application under regulation 34 must satisfy the Secretary of State that—

(a)he has, during the period of 5 years immediately preceding the date of his application, completed the short qualifying period of service as master of a vessel appropriate to the class of licence for which he has applied;

(b)he is medically fit to perform the duties normally performed by a person holding a licence (with or without that endorsement) of the relevant class, and

(c)he has the requisite practical skills and underpinning knowledge to hold a licence of the class for which he has applied;

(d)he has the requisite knowledge of the basic personal survival and fire fighting techniques appropriate to the class of licence applied for and of first aid.

4.—(1) The Secretary of State may, if requested to do so by the applicant, temporarily waive the requirement in paragraph 3(d).

(2) Such a waiver has effect for a period of one year from the date of issue of the licence and the applicant may make no more than two such requests.

(3) A second request must be made while the waiver is effective and if the Secretary of State agrees to the request the waiver is extended for a further period of one year.

(4) If the Secretary of State waives the requirement the applicant must comply with it before the expiry of the waiver and if he fails to do so the provisions of regulation 34 shall cease to apply to him.

5.—(1) In order to satisfy himself that the applicant complies with paragraph 3 the Secretary of State—

(a)(subject to sub-paragraph (2)) must require him to undergo such an assessment of his practical skills and underpinning knowledge as the Secretary of State may think fit,

(b)must require him to undertake such training in personal survival and fire fighting techniques or first aid as he may specify, and

(c)may require him to provide a medical report or undergo a medical examination.

(2) The Secretary of State need not impose the requirement in sub-paragraph (1)(a) if the applicant has completed the full qualifying period of service and the Secretary of State is satisfied that an assessment is unnecessary.

Assessments of competence

6.  Paragraph 10 of Part 1 of Schedule 4 applies to an assessment made pursuant to paragraph 3(c) as it applies to an assessment under that Schedule and the person appointed to make the assessment must as soon as practicable submit a report of his assessment to the Secretary of State.

7.  In imposing on an applicant a requirement to undergo an assessment of practical skills and underpinning knowledge the Secretary of State may specify that—

(a)all of the provisions of paragraphs 1 to 9 and 11 to 14 of Part 1 of Schedule 4, or

(b)such part of those provisions as the Secretary of State or a person appointed by him to make the assessment thinks fit,

are to apply as they apply in respect of an application under regulation 10.

Representations by aggrieved applicants

8.  Paragraphs 15 to 18 of Part 1 of Schedule 4 apply in respect of a grievance arising from an application made under regulation 34 as they apply in respect of a grievance arising from an application made under regulation 10.

PART 2CONVERSION OF EXISTING QUALIFICATIONS

Applications

1.  An application under regulation 35 must—

(a)be for a class of boatmaster’s licence which is the nearest equivalent to the qualification the applicant currently holds,

(b)be in such form and contain, or be accompanied by, such particulars and documents as the Secretary of State may specify, and

(c)be accompanied by the prescribed fee.

Requirements for conversion

2.  Where a person makes an application under paragraph 1, he must satisfy the Secretary of State that—

(a)he has the practical skills and underpinning knowledge required by the holder of a licence of the class applied for,

(b)he is medically fit to perform the duties normally performed by the holder of a licence (with or without that endorsement) of that class, and

(c)(except in the case of a person who currently holds a boatmaster’s licence issued under the 1993 Regulations) he has the requisite knowledge of the basic personal survival and fire fighting techniques required by the holder of a licence of that class and a knowledge of first aid.

3.  In order to satisfy himself that the applicant complies with paragraph 2 the Secretary of State may require him—

(a)to provide a medical report or undergo a medical examination,

(b)to undertake such training in personal survival and fire fighting techniques or first aid as he may specify and provide evidence of successful completion of the training course, or

(c)to undergo such an assessment of his practical skills and underpinning knowledge as the Secretary of State may think fit.

Assessments of competence

4.  Paragraph 10 of Part 1 of Schedule 4 applies to an assessment made pursuant to paragraph 3(c) as it applies to an assessment under that Schedule and the person appointed to make the assessment must as soon as practicable submit a report of his assessment to the Secretary of State.

5.  In imposing on an applicant a requirement to undergo an assessment of practical skills and underpinning knowledge the Secretary of State may specify that—

(a)all of the provisions of paragraphs 1 to 9 and 11 to 14 of Part 1 of Schedule 4, or

(b)such part of those provisions as the Secretary of State or a person appointed by him to make the assessment thinks fit,

are to apply as they apply in respect of an application under regulation 10.

Representations by aggrieved applicants

6.  Paragraphs 15 to 18 of Part 1 of Schedule 4 apply in respect of a grievance arising from an application made under regulation 35 as they apply in respect of a grievance arising from an application made under regulation 10.

(1)

OJ No. L301, 28.10.1982, p.1.