Regulation 8 The training commitmentI1

United Kingdom

(1)

Except where paragraph (2) applies, a tonnage tax company shall annually produce a training commitment in respect of the coming year.

(2)

Where a company is a member of a tonnage tax group, the tonnage tax group shall annually produce a training commitment in respect of the coming year.

(3)

The tonnage tax company in paragraph (1), or the tonnage tax group in paragraph (2), shall submit the training commitment to the Secretary of State for approval.

(4)

The training commitment submitted to the Secretary of State shall contain the following information—

(a)

either—

(i)

the total numbers of relevant officers and of ratings, and the breakdowns of these numbers in terms of nationality groups, employed in each ship which the company or group expects to operate as a qualifying ship during the coming year, or

(ii)

the total numbers of relevant officers and of ratings, and the breakdowns of these numbers in terms of nationality groups, employed in all ships which the company or group expects to operate as qualifying ships during the coming year;

(b)

in respect of each ship which the company or group expects to operate as a qualifying ship during the coming year—

(i)

the name of the ship,

(ii)

the IMO number, if assigned,

(iii)

the State or territory in which the ship is registered, or if it is not registered in any State or territory, the State whose flag the ship is entitled to fly,

(iv)

where a safe manning document is required to be carried on board the ship—

(aa)

the number of relevant officers required by that document, and

(bb)

the figure, calculated by reference to the number of back-up officers required for a ship, by which the number referred to in sub-paragraph (aa) is to be multiplied to obtain the number of posts in the effective officer complement, and

(v)

the number of posts in the effective officer complement;

(c)

F1the total number of eligible officer trainees and the total number of eligible rating trainees for whom the company or group expects to provide the first year of training F2on relevant courses or undergoing approved training during the coming year;

(d)

details of the company’s or group’s proposals to meet the minimum training obligation by making payments in lieu of training, and the reasons for meeting the obligation in this way;

(e)

details of the company’s or group’s proposals for adopting the options agreed by the Ratings Task Force for the training of ratings or, where applicable, reasons for not adopting those options; and

(f)

the number of ratings who the company or group expects to be involved in the adoption of any options referred to in paragraph (e).

(5)

In addition to the information required under paragraph (4), the training commitment submitted to the Secretary of State shall contain an undertaking by the company or group—

(a)

to comply with the minimum training obligation;

(b)

to exercise best endeavours to provide the training referred to in regulation F34(1), (6) and (7A), and to make payments in lieu of training where such training is not provided;

(c)

to make payments in lieu of training, in any case where—

(i)

a qualifying ship is operated by the company or group in addition to those which were expected to be operated, but

(ii)

it is not practicable to train the additional trainees required to meet the minimum training obligation; and

(d)

to comply with the requirements of regulation 12 and with any direction to the company or group under regulation 19.

Annotations

Textual amendments

F1: Words in reg. 8(4)(c) substituted (1.10.2015) by The Tonnage Tax (Training Requirement) (Amendment) Regulations 2015 (S.I. 2015/788), regs. 1, 2(5)(a)(i)
F2: Words in reg. 8(4)(c) substituted (1.10.2015) by The Tonnage Tax (Training Requirement) (Amendment) Regulations 2015 (S.I. 2015/788), regs. 1, 2(5)(a)(ii)
F3: Words in reg. 8(5)(b) substituted (1.10.2015) by The Tonnage Tax (Training Requirement) (Amendment) Regulations 2015 (S.I. 2015/788), regs. 1, 2(5)(b)

Commencement

I1: Reg. 8 in force at 31.8.2000, see reg. 1