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The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2022, ISBN 9780348240368

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 13(1) of Schedule 8 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.

Merchant Shipping

Safety

Made 2022

Coming into force 2022

The Secretary of State is satisfied, for the purposes of section 47(2) of the Merchant Shipping Act 1995f1, that it is necessary or expedient, in the interests of safety to make Regulations in so far as they require ships to carry qualified seamen.

The Secretary of State, after consulting the persons referred to in sections 86(4) and 306(4) of the Merchant Shipping Act 1995, and in exercise of the powers conferred by sections 47(1), (3), (4), (4A) and (4B), 85(1), (3), (5) to (7), 86(1)(a), (b), (c) and (d), 302(1), 306A and 307 of that Act, and article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996f2, and with the consent of the Treasury, makes the following Regulations.

In accordance with paragraph 13(1) of Schedule 8 to the European Union (Withdrawal) Act 2018f3, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1995 c. 21. Subsections (4A) and (4B) of section 47 were inserted by section 10 of the Marine Navigation Act 2013 (c. 23). Sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), sections 8 and 29(2) and Schedule 7. Section 85 was amended by the British Overseas Territories Act 2002 (c. 8), section 2(3). Section 306A was inserted by the Deregulation Act 2015 (c. 20), section 106. There are other amendments but none is relevant. Sections 47, 85 and 86 are applied to hovercraft by the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350).

f2

S.I. 1996/282. Article 2 was amended by the Marine and Coastal Access Act 2009 (c. 23), Schedule 4, Part 1, paragraph 3 and S.I. 2022/844. There is another amendment which is not relevant. Article 2 is applied to hovercraft by the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350).

f3

2018 c. 16. Paragraph 13 of Schedule 8 was amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1), Schedule 5, paragraph 54(8) and the European Union (Future Relationship) Act 2020 (c. 29) Schedule 6, paragraph 8. There are other amendments but none is relevant.

Contents

  1. Part 1: Preliminary
  2. 1Citation, commencement and extent
  3. 2Amendments and revocations
  4. 3Interpretation
  5. 4Ambulatory reference
  6. Part 2: Training and certification: ships
  7. 5Application
  8. 6Requirement for seafarers to be qualified
  9. 7Qualification as an officer
  10. 8Engine-room watch duties
  11. 9Radiocommunication and radio personnel on a GMDSS ship
  12. 10Seafarers on an oil or chemical tanker – basic training
  13. 11Seafarers on an oil tanker – advanced training
  14. 12Seafarers on a chemical tanker – advanced training
  15. 13Seafarers on a liquefied gas tanker – basic training
  16. 14Seafarers on a liquefied gas tanker – advanced training
  17. 15Seafarers on a ship subject to the IGF Code – basic training
  18. 16Seafarers on a ship subject to the IGF Code – advanced training
  19. 17Ratings forming part of a navigational watch
  20. 18Ratings forming part of an engine-room watch
  21. 19Ratings as able seafarer deck
  22. 20Ratings as able seafarer engine
  23. 21Electro-technical ratings
  24. 22Seafarers designated to launch or take charge of a survival craft or rescue boat (other than a fast rescue boat)
  25. 23Seafarers designated to launch or take charge of a fast rescue boat
  26. 24Ship security officers
  27. 25Seafarers on a passenger ship engaged on international voyages (other than a high speed craft)
  28. 26Seafarers on a high speed craft
  29. 27Safety familiarisation, basic training and instruction for all seafarers
  30. 28Seafarers designated as a fire-fighting controller
  31. 29Seafarers designated as a provider of medical first aid or to take charge of medical care
  32. 30Security-related familiarisation training for seafarers on an ISPS ship
  33. Chapter Application and issuing of certificates
  34. 31Application for a certificate
  35. 32Form of a certificate
  36. 33Approval of seagoing service
  37. 34Endorsements on a certificate of competency
  38. 35Exemptions
  39. Chapter Recognition of certificates
  40. 36Recognition of a certificate issued by an EEA State
  41. 37Recognition of a certificate issued by a third party State
  42. 38Recognition of a party to the STCW Convention
  43. 39Additional requirements for a certificate of equivalent competency
  44. 40Withdrawal of recognition
  45. Chapter Validity of Certificates
  46. 41Validity of a certificate or endorsement
  47. 42Revalidation of certain certificates and endorsements
  48. 43Refresher training for certain seafarers
  49. Chapter Suspension and cancellation of certificates and ap
  50. 44Suspension and cancellation of a certificate
  51. 45Appeal against refusal, suspension or cancellation of a certificate
  52. 46Loss of a certificate
  53. 47Register of certificates and endorsements
  54. Chapter Training providers
  55. 48Approval of training providers
  56. 49Issue of certificates of proficiency and documentary evidence by an approved training provider
  57. 50Appeal against refusal, alteration, suspension or cancellation of an approval
  58. Part 3: Training and certification: hovercraft
  59. 51Hovercraft personnel
  60. 52Certificates and approved training providers
  61. 53Exemptions
  62. Part 4: Safe manning and Watchkeeping
  63. Chapter General
  64. 54Application
  65. Chapter Safe manning
  66. 55Safe manning document
  67. Chapter Watchkeeping arrangements
  68. 56Watchkeeping arrangements generally and at sea
  69. 57Watchkeeping arrangements in port
  70. 58Watchkeeping arrangements in port for ships carrying hazardous cargo
  71. 59Exemptions
  72. Part 5: General
  73. 60Application
  74. 61Responsibilities of companies, masters and others
  75. 62Carriage of documents
  76. 63Equivalents
  77. 64Inspection of ships that are not registered in the United Kingdom
  78. 65Power to detain
  79. 66Offences and penalties
  80. 67Transitional and saving provisions
  81. 68Review
  82. Signature
  83. Schedule 1
  84. Part 1: Amendments
  85. 1Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998
  86. 2Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998
  87. 3Merchant Shipping (Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998
  88. 4Merchant Shipping (Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998
  89. 5Merchant Shipping (Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998
  90. 6Social Security (Contributions) Regulations 2001
  91. 7Social Security (Contributions) Regulations 2001
  92. 8Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013
  93. 9Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013
  94. 10Merchant Shipping (Fees) Regulations 2018
  95. 11Merchant Shipping (Fees) Regulations 2018
  96. 12The Merchant Shipping (Polar Code) (Safety) Regulations 2021
  97. 13The Merchant Shipping (Polar Code) (Safety) Regulations 2021
  98. 14The Merchant Shipping (Polar Code) (Safety) Regulations 2021
  99. 15The Merchant Shipping (Polar Code) (Safety) Regulations 2021
  100. 16The Merchant Shipping (Polar Code) (Safety) Regulations 2021
  101. 17The Merchant Shipping (Polar Code) (Safety) Regulations 2021
  102. 2Revocations
  103. Schedule 2Categories of certificates of competency and criteria for issue
  104. Explanatory note