Paragraph 2 Formal qualificationsF1

(1)

This paragraph applies where—

(a)

a competent harbour authority requires particular formal qualifications from persons applying for authorisation; and

(b)

a person applying for authorisation (“the applicant”)—

(i)

is a national of an EEA State F2...; and

(ii)

does not hold the required qualifications, but holds formal qualifications obtained in an EEA State ....

(2)

If the applicant’s formal qualifications show a level of knowledge and skill corresponding to or exceeding the level shown by the formal qualifications required by the authority, the authority shall not refuse the applicant authorisation, or refuse to consider the application, on the basis that he does not hold the required formal qualifications.

(3)

If the applicant’s formal qualifications show a level of knowledge and skill which is substantially below the level shown by the formal qualifications required by the authority, the authority shall allow the applicant to undergo an adaptation period or an aptitude test to demonstrate that he has acquired the knowledge and skills which were lacking.

(4)

The authority shall make provision for an adaptation period and an aptitude test for this purpose and the applicant shall be permitted to choose to undergo either the adaptation period or the aptitude test.

(5)

If, by undergoing the adaptation period or the aptitude test, the applicant demonstrates that he has acquired the knowledge and skills which were lacking, the authority shall not refuse the applicant authorisation, or refuse to consider the application, on the basis that he does not hold the required formal qualifications.

(6)

Sub-paragraphs (2) to (5) are subject to paragraph 3.

Annotations

Textual amendments

F1: Sch. A1 inserted (30.5.2003) by The Pilotage (Recognition of Qualifications and Experience) Regulations 2003 (S.I. 2003/1230), regs. 1, 2(5)
F2: Words in Sch. A1 para. 2(1)(b) omitted (31.12.2020) by virtue of The Pilotage and Port Services (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/671), regs. 1(1), 2(b)(i)