The Merchant Shipping (Inland Waterway and Limited Coastal Operations) (Boatmasters’ Qualifications and Hours of Work) Regulations 2006

1. Introductory Text

2. PART 1

   1. 1. Citation and commencement

   2. 2. Revocation

   3. 3. Interpretation: general

   4. 4. Extension of provisions to non-United Kingdom ships

3. PART 2

   1. General

      1. 5. Interpretation of Part 2

      2. 6. Expressions relating to qualifications other than boatmaster’s licences and certificates

      3. 7. Application of Part 2

      4. 8. Masters to be qualified

   2. Boatmaster’s licences

      1. 9. Classes of licence and endorsement

      2. 10. Applications for licences

      3. 11. Minimum age and qualifying service for licences and endorsements

      4. 12. Medical fitness: boatmasters’ licences

      5. 13. Standards of competence for licences and endorsements

      6. 14. Validity periods and re-validation of licences

   3. Boatmasters’ certificates

      1. 15. Classes of certificate

      2. 16. Applications for boatmasters’ certificates made to the Secretary of State

      3. 17. Minimum age and qualifying service time for certificates

      4. 18. Validity of boatmasters’ certificates: medical fitness

      5. 19. Standards of competence for UK certificates

   4. Rhine navigation licences

      1. 20. Rhine navigation licences

   5. Licensing requirements under local legislation

      1. 21. Licensing requirements under local legislation

   6. Records, surrender and loss of documents

      1. 22. Records of documents

      2. 23. Surrender and loss of documents

   7. Enforcement

      1. 24. Part 2: offences

      2. 25. Offences by bodies corporate, Scottish partnerships, etc

      3. 26. Detention of vessels

4. PART 3

   1. 27. Interpretation of Part 3

   2. 28. Application of Part 3

   3. 29. The self-employed masters’ working hours code

   4. 30. Contravention of Part 3

5. PART 4

   1. 31. Interpretation of Part 4

   2. 32. Continuing validity of existing qualifications

   3. 33. Holders of Thames watermen’s licences

   4. 34. Experienced persons holding no qualification

   5. 35. Conversion of existing qualifications

6. Signature

7. 1. SCHEDULE 1

      REGULATIONS REVOKED

   2. SCHEDULE 2

      IWSPB CODE QUALIFICATIONS

      1. PART 1 QUALIFICATIONS

      2. PART 2 FURTHER PROVISIONS

         1. Conditions applying to certain qualifications

            1. 1. The IWSPB Code qualifications specified in paragraph 2 are subject...

            2. 2. The qualifications are— the RYA/DfT Coastal Skipper Certificate endorsed as...

         2. Interpretation

            1. 3. In this Schedule, “relevant experience” means experience which has been...

            2. 4. A designation in this Schedule of a certificate as an...

   3. SCHEDULE 3

      CLASSES OF BOATMASTER’S LICENCE AND ENDORSEMENT AND BOATMASTER’S CERTIFICATE

      1. PART 1 BOATMASTERS’ LICENCES

      2. PART 2 BOATMASTERS’ CERTIFICATES

      3. PART 3 INTERPRETATION AND EXPLANATORY PROVISIONS

         1. Boatmasters’ licences

            1. 1. In this Schedule— “cargo” means all the things which are...

            2. 2. (1) Subject to the following provisions of this paragraph, a...

            3. 3. (1) Subject to the following provisions of this paragraph, a...

            4. 4. (1) Subject to the limitation specified in paragraph (2), a...

            5. 5. A fast craft endorsement may be limited—

            6. 6. Relevant local knowledge is required for operations in the waters...

   4. SCHEDULE 4

      STANDARDS OF COMPETENCE FOR BOATMASTER’S LICENCES AND CERTIFICATES

      1. PART 1 BOATMASTER’S LICENCES

         1. Interpretation

            1. 1. In this Part— “candidate” means a person wishing to apply...

         2. Tier 1 licences: generic competencies

            1. 2. The competencies required by the holder of a Tier 1...

            2. 3. The minimum level of knowledge necessary to meet the competency...

         3. Endorsements of Tier 1 licences: special competencies

            1. 4. (1) The competencies required by the holder of an endorsement...

            2. 5. (1) The competencies required for a radar endorsement are those...

         4. Tier 2 licences: competencies

            1. 6. The competencies required by the holder of a Tier 2...

         5. Evidence of attainment of appropriate standard of competence

            1. 7. Each candidate must keep the following written records—

            2. 8. Subject to paragraph 9, a candidate’s standard of competence must...

            3. 9. (1) A candidate is deemed to have the appropriate knowledge...

            4. 10. An application for an assessment of competence or part of...

            5. 11. A candidate attending for the part of the assessment described...

            6. 12. (1) The assessment may, at the examiner’s discretion, consist of...

            7. 13. In the case of a candidate holding a qualification mentioned...

            8. 14. The examiner must as soon as practicable submit a report...

         6. Representations by aggrieved candidates

            1. 15. (1) A candidate who is aggrieved by an assessment may...

            2. 16. (1) A candidate who is not satisfied with the action...

            3. 17. (1) A candidate who is not satisfied with the action...

            4. 18. For the avoidance of doubt, in paragraphs 15 to 17...

         7. Syllabus

            1. 19. The syllabus is set out below— Section 1. Generic competencies:...

      2. PART 2 BOATMASTERS’ CERTIFICATES

         1. Interpretation

            1. 1. In this Part— “candidate” means a person wishing to apply...

         2. Group A and B certificates: generic competencies

            1. 2. The competencies required by the holder of a general Group...

            2. 3. The competencies required by the holder of a general Group...

         3. Group A and B certificates: special competencies

            1. 4. The competencies required by the holder of a Group A...

            2. 5. The competencies required by the holder of a Group A...

            3. 6. The competencies required by the holder of a Group A...

         4. Evidence of attainment of appropriate standard of competence

            1. 7. Each candidate must keep a written record (a “Task Record...

            2. 8. A candidate’s standard of competence must be assessed by a...

            3. 9. An application for an assessment of competence or part of...

            4. 10. A candidate attending for the part of the assessment described...

            5. 11. (1) Except where paragraph 12 applies, the assessment must consist...

            6. 12. This paragraph applies where the candidate holds a Tier 1...

            7. 13. Where paragraph 12 applies— (a) the examiner must assess the...

            8. 14. The examiner must as soon as practicable submit a report...

         5. Representations by unsuccessful candidates

            1. 15. (1) A candidate who is aggrieved by an assessment may...

            2. 16. (1) A candidate who is not satisfied with the action...

            3. 17. (1) A candidate who is not satisfied with the action...

            4. 18. For the avoidance of doubt, in paragraphs 15 to 17...

         6. Syllabus

            1. 19. The syllabus is as follows— Section 1: General Group A...

   5. SCHEDULE 5

      TRANSITIONAL PROVISIONS

      1. PART 1 EXPERIENCED PERSONS HOLDING NO QUALIFICATIONS

         1. Interpretation

            1. 1. In this Part— “service” means service in a working capacity;...

         2. Applications for boatmasters’ licences

            1. 2. (1) An application under regulation 34 must—

         3. Requirements for issue of licence

            1. 3. A person making an application under regulation 34 must satisfy...

            2. 4. (1) The Secretary of State may, if requested to do...

            3. 5. (1) In order to satisfy himself that the applicant complies...

         4. Assessments of competence

            1. 6. Paragraph 10 of Part 1 of Schedule 4 applies to...

            2. 7. In imposing on an applicant a requirement to undergo an...

         5. Representations by aggrieved applicants

            1. 8. Paragraphs 15 to 18 of Part 1 of Schedule 4...

      2. PART 2 CONVERSION OF EXISTING QUALIFICATIONS

         1. Applications

            1. 1. An application under regulation 35 must— (a) be for a...

         2. Requirements for conversion

            1. 2. Where a person makes an application under paragraph 1, he...

            2. 3. In order to satisfy himself that the applicant complies with...

         3. Assessments of competence

            1. 4. Paragraph 10 of Part 1 of Schedule 4 applies to...

            2. 5. In imposing on an applicant a requirement to undergo an...

         4. Representations by aggrieved applicants

            1. 6. Paragraphs 15 to 18 of Part 1 of Schedule 4...

8. Explanatory Note