Paragraph 3 Person intending to act in a self-employed capacity or as manager of an undertakingF1

(1)

This paragraph applies where—

(a)

a competent harbour authority requires persons applying for authorisation to have knowledge of, and to demonstrate that they apply, specific national rules in force; and

(b)

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

(i)

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

(ii)

envisages acting as a pilot in a self-employed capacity or as a manager of an undertaking.

(2)

The competent harbour authority shall not refuse the applicant authorisation on the basis that he does not have knowledge of, or has not demonstrated that he applies, the specific national rules in force unless—

(a)

the authority has allowed the applicant to undergo an adaptation period or an aptitude test to satisfy the authority that he has the required knowledge and does apply those rules; and

(b)

the authority is not so satisfied.

(3)

The authority shall make provision for an adaptation period and an aptitude test for this purpose and shall endeavour to take into consideration the applicant’s preference as to which one of those alternatives he undergoes.

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. 3(1)(b)(i) 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)