The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022

Regulation 2

SCHEDULE 1 U.K.

PART 1 U.K. Amendments

Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998 U.K.

1.  The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998(1) are amended as follows.

Commencement Information

I1 Sch. 1 para. 1 in force at 10.1.2023, see reg. 1(1)

2.  In the Schedule, in the table— U.K.

(a) omit the entry for the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015;

(b) at the end–

(i) in the first column, insert “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”;

(ii) in the second column, insert “2022/1342”; and

(iii) in the third column, insert “None”.

Commencement Information

I2 Sch. 1 para. 2 in force at 10.1.2023, see reg. 1(1)

Merchant Shipping (Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 U.K.

3.  The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998(2) are amended as follows.

Commencement Information

I3 Sch. 1 para. 3 in force at 10.1.2023, see reg. 1(1)

4.  In Schedule 1 (large vessels), in the table— U.K.

(a) omit the entry for the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015;

(b) at the end–

(i) in the first column, insert “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”;

(ii) in the second column, insert “2022/1342”; and

(iii) in the third column, insert “None”.

Commencement Information

I4 Sch. 1 para. 4 in force at 10.1.2023, see reg. 1(1)

5.  In Schedule 2 (small vessels), in the table— U.K.

(a) omit the entry for the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015;

(b) at the end–

(i) in the first column, insert “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”;

(ii) in the second column, insert “2022/1342”; and

(iii) in the third column, insert “None”.

Commencement Information

I5 Sch. 1 para. 5 in force at 10.1.2023, see reg. 1(1)

Social Security (Contributions) Regulations 2001 U.K.

6.  The Social Security (Contributions) Regulations 2001(3) are amended as follows.

Commencement Information

I6 Sch. 1 para. 6 in force at 10.1.2023, see reg. 1(1)

7.  In regulation 114 (application to employment in connection with continental shelf etc.)— U.K.

(a) in paragraph (5)(c), for “regulation 46(1)(c) of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015” substitute “regulation 55(2)(c) of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”;

(b) in Table 1, in Column (B)—

(i) for “regulation 6”, in each place it occurs, substitute “regulation 7”;

(ii) for “regulation 14”, substitute “regulation 17”;

(iii) for “regulation 15”, substitute “regulation 18”;

(c) in paragraph (6), for “the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015” substitute “the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”.

Commencement Information

I7 Sch. 1 para. 7 in force at 10.1.2023, see reg. 1(1)

Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 U.K.

8.  The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013(4) are amended as follows.

Commencement Information

I8 Sch. 1 para. 8 in force at 10.1.2023, see reg. 1(1)

9.  In the Schedule, in the table, for “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015”, in both places, substitute “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”. U.K.

Commencement Information

I9 Sch. 1 para. 9 in force at 10.1.2023, see reg. 1(1)

Merchant Shipping (Fees) Regulations 2018 U.K.

10.  The Merchant Shipping (Fees) Regulations 2018(5) are amended as follows.

Commencement Information

I10 Sch. 1 para. 10 in force at 10.1.2023, see reg. 1(1)

11.  In Schedule 1 (fees under the Merchant Shipping Act 1995)—

(a) in Part 1 (surveys, inspections and applications for exemption)—

(i) in paragraph 2(1), at the end of paragraph (g), insert—

“;

(h)

an inspection for the purposes of an approval under regulation 48(2), or an extension of an approval under regulation 48(5), of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”;

(ii) in the table in paragraph 5, in Section K (manning and certification), for the entry for “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015” substitute—

(aa) in the first column, “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”;

(bb) in the second column, “2022/1342”;

(cc) in the third column, “None”;

(iii) in the table in paragraph 5, in Section L (survey and certification), for the entry for “the Merchant Shipping (Polar Code) (Safety) Regulations 2021”(6), in the third column insert “2022/1342”;

(b) in Part 2 (certificates and examinations for officers)—

(i) in paragraph 1, for sub-paragraph (b), substitute—

“(b) the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”;

(ii) in paragraph 2, in the Table of fees, for items 8 and 9 substitute—

“8	An application for a Certificate of Proficiency, except under regulations 19 and 20 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022	£34
9	A revalidation of a Certificate of Proficiency, except under regulations 19 and 20 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022;	£54”

(c) in Part 3 (certificates of equivalent competency)—

(i) in paragraph 3, for sub-paragraph (b) substitute—

“(b) the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”;

(ii) in paragraph 4, in the Table of fees, in item 9, for the words in the second column substitute “A revalidation of a Certificate of Equivalent Competency”;

(d) in Part 4 (table of miscellaneous qualifications), in the table of fees—

(i) for item 1, substitute—

“1

An examination for a licence as marine engine operator or senior marine engine operator under regulation 8 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022;

£215”

(ii) for item 3, substitute—

“3

An application for a certificate of proficiency as an able seafarer deck under regulation 19, or an able seafarer engine under regulation 20 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022;

£34”

(iii) for item 7, substitute—

“7

An application for a Watch Rating Certificate under regulation 17 or 18 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022;

£57”

(e) for the heading to Part 6 (safe manning certificates), substitute “Safe Manning Documents”;

(f) in Part 6—

(i) for the unnumbered paragraph, substitute—

“In this Part, references to “safe manning documents” are to the documents referred to in regulation 55 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022.”;

(ii) in the Table of fees—

(aa) for “safe manning certificate”, in each place it occurs, substitute “safe manning document”;

(bb) in item 2, for “certificate” substitute “safe manning document”.

Commencement Information

I11 Sch. 1 para. 11 in force at 10.1.2023, see reg. 1(1)

The Merchant Shipping (Polar Code) (Safety) Regulations 2021 U.K.

12.  The Merchant Shipping (Polar Code) (Safety) Regulations 2021 are amended as follows.

Commencement Information

I12 Sch. 1 para. 12 in force at 10.1.2023, see reg. 1(1)

13.  In regulation 2 (interpretation), for the definition of “the 2015 Regulations”, substitute— U.K.

““the 2022 Regulations” means the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”.

Commencement Information

I13 Sch. 1 para. 13 in force at 10.1.2023, see reg. 1(1)

14.  In regulation 9 (approval of training providers)— U.K.

(a) in paragraph (3), for “granted”, substitute “given”;

(b) for paragraph (4), substitute—

“(4) The Secretary of State may extend an approval given under paragraph (2) in maximum increments of five years if satisfied that—

(a) the approved training provider continues to meet the requirements in sub-paragraphs (a) and (b) of paragraph (2); and

(b) has paid the prescribed fee.”;

(c) in paragraph (5), before “suspended”, insert “altered,”;

(d) in paragraph (6), for “a suspension”, substitute “an alteration, suspension”;

(e) in paragraph (7)—

(i) for “a suspension”, substitute “an alteration, suspension”; and

(ii) for “approval, extension, suspension or cancellation”, substitute “approval, extension, alteration, suspension or cancellation”.

Commencement Information

I14 Sch. 1 para. 14 in force at 10.1.2023, see reg. 1(1)

15.  For regulation 10(1) (appeal against refusal, alteration, suspension or cancellation of an approval), substitute— U.K.

“Appeal against refusal, alteration, suspension or cancellation of an approval

10.— (1) A person—

(a) who is refused an approval pursuant to regulation 9 (approval of training providers) or an extension of an approval under that regulation; or

(b) whose approval under that regulation is subject to an alteration, suspension or cancellation of an approval under regulation 9(5) (alteration, suspension or cancellation of an approval),

may, within 21 days after receiving notice of such decision and before the date specified in the notice, request the Secretary of State to hold an inquiry.”.

Commencement Information

I15 Sch. 1 para. 15 in force at 10.1.2023, see reg. 1(1)

16.  In regulation 13 (seafarers on a ship operating in polar waters – basic training)— U.K.

(a) in paragraph (6)(a), at the end insert “where that decision has been taken in accordance with the requirements of regulation 36 or 37 of the 2022 Regulations (recognition of certificates issued by other parties to the STCW Convention)”;

(b) in paragraph (6)(b), for “regulation 33B of the 2015 Regulations” substitute “regulation 40 of the 2022 Regulations”.

Commencement Information

I16 Sch. 1 para. 16 in force at 10.1.2023, see reg. 1(1)

17.  In regulation 14 (seafarers on a ship operating in polar waters – advanced training)— U.K.

(a) in paragraph (5)(a), at the end insert “where that decision has been taken in accordance with the requirements of regulation 36 or 37 of the 2022 Regulations (recognition of certificates issued by other parties to the STCW Convention)”;

(b) in paragraph (5)(b), for “regulation 33B of the 2015 Regulations” substitute “regulation 40 of the 2022 Regulations”.

Commencement Information

I17 Sch. 1 para. 17 in force at 10.1.2023, see reg. 1(1)

PART 2 U.K. Revocations

Commencement Information

I18 Sch. 1 Pt. 2 in force at 10.1.2023, see reg. 1(1)

Regulations revoked	References	Extent of revocation
The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015	S.I. 2015/782	The whole Regulations
The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018	S.I. 2018/68	Paragraph 5 in Part 1 of the Schedule
The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019	S.I. 2019/630	The whole Regulations

Regulation 7

SCHEDULE 2 U.K. Categories of certificates of competency and criteria for issue

Commencement Information

I19 Sch. 2 in force at 10.1.2023, see reg. 1(1)

(1) Categories and capacity	(2) STCW Regulation in which the requirements for the issue of a certificate of competency are contained
Master and deck department
Officer in charge of a navigational watch on any ship on voyages not limited to near-coastal voyages	Regulation II/1, paragraph 2
Master or chief mate on a ship of 3000 GT or more	Regulation II/2, paragraph 2
Master on a ship of between 500 GT and 2999 GT not engaged on near-coastal voyages	Regulation II/2, paragraph 4
Chief mate on a ship of between 500 GT and 2999 GT	Regulation II/2, paragraph 4
Officer in charge of a navigational watch on a ship of less than 500 GT engaged on near-coastal voyages	Regulation II/3, paragraph 4
Master on a ship of less than 500 GT engaged on near-coastal voyages	Regulation II/3, paragraph 6
Engine department
Officer in charge of an engineering watch in a manned engine-room, or designated duty engineer officer in a periodically unmanned engine-room, on a ship powered by main propulsion machinery of 750 kilowatts propulsion power or more	Regulation III/1, paragraph 2
Chief engineer officer or second engineer officer on a ship powered by main propulsion machinery of 3000 kilowatts propulsion power or more	Regulation III/2, paragraph 2
Chief engineer officer and second engineer officer on a ship powered by main propulsion machinery of between 750 and 3000 kilowatts propulsion power	Regulation III/3, paragraph 2
Electro-technical officer on a ship powered by main propulsion machinery of 750 kilowatts propulsion power or more	Regulation III/6, paragraph 2

For the purposes of this Schedule, “near-coastal voyage” means a voyage during which the ship is not more than 150 nautical miles from a safe haven in the United Kingdom, or not more than 30 nautical miles from a safe haven in the Republic of Ireland.

(1)

S.I. 1998/1609, amended by S.I. 2016/354 and S.I. 2020/673. There are other amending instruments but none is relevant.

(2)

S.I. 1998/2771, amended by S.I. 2016/353, S.I. 2020/673 and S.I. 2021/1316. There are other amending instruments but none is relevant.

(3)

S.I. 2001/1004, amended by S.I. 2014/572 and S.I. 2016/1067. There are other amending instruments but none is relevant.

(4)

S.I. 2013/1785, amended by S.I. 2018/667. There are other amending instruments but none is relevant.

(5)

S.I. 2018/1104, amended by S.I. 2021/1401. There are other amending instruments but none is relevant.

(6)

S.I. 2021/1401.