Paragraph 9 Proof of other mattersF1

(1)

This paragraph applies in a case to which either paragraph 7 or 8 applies, where the EEA State of which the applicant is a national or from which he comes does not issue the document in question mentioned in the relevant paragraph.

(2)

Subject to sub-paragraph (3), the competent harbour authority shall accept, as sufficient evidence of the satisfaction of a requirement mentioned in paragraph 7(1)(a) or 8(1)(a), a declaration that the relevant requirement is satisfied, which—

(a)

is made by the applicant before a competent judicial or administrative authority, or a notary in the relevant EEA State; and

(b)

complies with sub-paragraph (4).

(3)

The competent harbour authority shall also accept, as sufficient evidence of the satisfaction of a requirement in paragraph 7 or 8 to prove no previous bankruptcy, a declaration of no previous bankruptcy, which,—

(a)

is made by the applicant before a competent professional or trade body in the relevant EEA State; and

(b)

complies with sub-paragraph (5).

(4)

The declaration mentioned in sub-paragraph (2) must—

(a)

be a declaration on oath or, in an EEA State where there is no provision for declaration on oath, be a solemn declaration;

(b)

have been made within the period of three months ending with the date on which it is produced to the competent harbour authority; and

(c)

be accompanied by a certificate issued by the relevant authority or notary and attesting to the authenticity of the declaration.

(5)

The declaration mentioned in sub-paragraph (3) must—

(a)

be a declaration on oath or, in an EEA State where there is no provision for declaration on oath, be a solemn declaration; and

(b)

have been made within the period of three months ending with the date on which it is produced to the competent harbour authority.

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)