The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015

PART 2 U.K. TRAINING AND CERTIFICATION: SHIPS

Application of Part 2 U.K.

4.  This Part applies to a seafarer serving on board a sea-going ship registered in the United Kingdom, except on—

(a) a fishing vessel,

(b) a pleasure vessel which is—

(i) less than 80 GT; or

(ii) under 24 metres in length; or

(c) a wooden ship of primitive build.

Requirement for seafarers to be qualified U.K.

5.  This Part specifies standards of competence to be attained and other conditions to be satisfied by seafarers in order to be qualified for the purposes of section 47 of the Act (manning).

Certificates of competency, equivalent competency or proficiency U.K.

Qualification as an officer U.K.

6.—(1) A person must hold, in respect of the category and capacity in which that person is serving listed in column 1 of the Table in Schedule 3—

(a) an appropriate certificate of competency; or

(b) an appropriate certificate of equivalent competency.

(2) Subject to paragraph (6), the Secretary of State may issue a certificate of competency or a certificate of equivalent competency to a person only if that person complies with the criteria in the STCW Regulations listed in column (2) of that Table in relation to the category of service listed in column (1).

(3) A certificate of competency required by this regulation—

(a) must be issued and endorsed in accordance with this Part;

(b) entitles the holder to serve in the specified capacity; and

(c) entitles the holder to perform the functions involved—

(i) at the specified level of responsibility;

(ii) on a ship of the type, GT or power and means of propulsion indicated by the endorsement; and

(iii) while engaged on the particular voyage concerned.

(4) In the circumstances specified in paragraph (5), the Secretary of State may permit a person who does not hold an appropriate certificate of competency to serve in an appropriate capacity on board a ship for a maximum period of three months.

(5) The circumstances referred to in paragraph (4) are—

(a) the person holds a valid certificate issued by a third party State;

(b) that certificate is appropriate for the capacity in which the person is to serve; and

(c) the person has submitted an application to the Secretary of State under regulation 33 [F1 or regulation 33A] for a certificate of equivalent competency.

[F2 (6) The Secretary of State may issue an alternative certificate in accordance with STCW Regulation VII.]

Textual Amendments

F1 Words in reg. 6(5)(c) inserted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Reg. 6(6) substituted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Engine-room watch duties U.K.

7.—(1) This regulation applies to a seafarer performing watchkeeping duties in a manned or periodically unmanned engine room on a ship whose main propulsion machinery has a propulsion power of not less than 350 kilowatts, but less than 750 kilowatts.

(2) The seafarer must—

(a) hold one of the engineering certificates of competency referred to in regulation 6; or

(b) be the holder of a marine engine operator's licence issued in compliance with the criteria specified in section 10 of Merchant Shipping Notice 1857(M +F).

Radiocommunication and radio personnel on a GMDSS ship U.K.

8.—(1) A seafarer in charge of or performing radio duties on a ship required to participate in the GMDSS must hold a certificate of competency related to the GMDSS.

(2) A certificate of competency under this regulation may not be issued to a person (“the applicant”) by the Secretary of State unless the applicant —

(a) is at least 18; and

(b) has completed the education and training and meets the standards of competence specified in section A-IV/2 of the STCW Code.

Seafarers on an oil or chemical tanker - basic training U.K.

9.—(1) A seafarer assigned specific duties and responsibilities related to cargo or cargo equipment on an oil or chemical tanker must hold a certificate of proficiency in basic training for oil and chemical tanker cargo operations.

(2) The Secretary of State may issue a certificate of proficiency required by paragraph (1) only to a person who meets the criteria specified in STCW Regulation V/1-1, paragraph 2.

Seafarers on an oil tanker - advanced training U.K.

10.—(1) This regulation applies to the following seafarers serving on board an oil tanker—

(a) the master;

(b) a chief engineer officer;

(c) a chief mate;

(d) a second engineer officer; and

(e) any other seafarer with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo related operations.

(2) A person to whom this regulation applies must hold a certificate of proficiency in advanced training for oil tanker cargo operations.

(3) The Secretary of State may issue a certificate of proficiency required by paragraph (2) only to a person who meets the criteria specified in STCW Regulation V/1-1, paragraph 4.

Seafarers on a chemical tanker - advanced training U.K.

11.—(1) This regulation applies to the following seafarers serving on board a chemical tanker—

(a) the master;

(b) a chief engineer officer;

(c) a chief mate;

(d) a second engineer officer; and

(e) any other seafarer with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo related operations.

(2) A person to whom this regulation applies must hold a certificate of proficiency in advanced training for chemical tanker cargo operations.

(3) The Secretary of State may issue a certificate of proficiency required by paragraph (2) only to a person who meets the criteria specified in STCW Regulation V/1-1, paragraph 6.

Seafarers on a liquefied gas tanker - basic training U.K.

12.—(1) An officer or rating assigned specific duties and responsibilities related to cargo or cargo equipment on a liquefied gas tanker must hold a certificate of proficiency in basic training for liquefied gas tanker cargo operations.

(2) The Secretary of State may only issue a certificate of proficiency required by paragraph (1) to a person who meets the criteria specified in STCW Regulation V/1-2, paragraph 2.

Seafarers on a liquefied gas tanker - advanced training U.K.

13.—(1) This regulation applies to the following seafarers serving on board a liquefied gas tanker—

(a) the master;

(b) a chief engineer officer;

(c) a chief mate;

(d) a second engineer officer; and

(e) any other seafarer with immediate responsibility for loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo related operations.

(2) A person to whom this regulation applies must hold a certificate of proficiency in advanced training for liquefied gas tanker cargo operations.

(3) The Secretary of State may issue a certificate of proficiency required by paragraph (2) only to a person who meets the criteria specified in STCW Regulation V/1-2, paragraph 4.

Ratings forming part of a navigational watch U.K.

14.—(1) A rating forming part of a navigational watch on a ship of 500 GT or more must hold a certificate of proficiency to perform such duties.

(2) The Secretary of State may issue a certificate of proficiency required by paragraph (1) only to a person who meets the criteria specified in STCW Regulation II/4, paragraph 2.

(3) This regulation does not apply to—

(a) a rating under training; or

(b) a rating whose duties are of an unskilled nature.

Ratings forming part of an engine-room watch U.K.

15.—(1) A rating forming part of an engine-room watch or designated to perform duties in a periodically unmanned engine-room on a ship powered by main propulsion machinery of 750 kilowatts propulsion power or more must hold a certificate of proficiency to perform such duties.

(2) The Secretary of State may issue a certificate of proficiency required by paragraph (1) only to a person who meets the criteria specified in STCW Regulation III/4, paragraph 2.

(3) This regulation does not apply to—

(a) a rating under training; or

(b) a rating whose duties are of an unskilled nature.

Ratings as able seafarer deck U.K.

16.—(1) An able seafarer deck serving on board a ship of 500 GT or more must hold a certificate of proficiency.

(2) The Secretary of State may issue a certificate of proficiency required by paragraph (1) only to a person who meets the criteria specified in STCW Regulation II/5, paragraph 2 or paragraph 6.

Ratings as able seafarer engine U.K.

17.—(1) An able seafarer engine serving on board a ship powered by main propulsion machinery of 750 kilowatts propulsion power or more must hold a certificate of proficiency.

(2) The Secretary of State may issue a certificate of proficiency required by paragraph (1) only to a person who meets the criteria specified in STCW Regulation III/5, paragraph 2 or 4.

Electro-technical ratings U.K.

18.—(1) An electro-technical rating serving on board a ship powered by main propulsion machinery of 750 kilowatts propulsion power or more, must hold a certificate of proficiency.

(2) The Secretary of State may only issue a certificate of proficiency required by paragraph (1) to a person who meets the criteria specified in STCW Regulation III/7, paragraph 2 or 4.

Seafarers designated to launch or take charge of a survival craft or rescue boat (other than a fast rescue boat) U.K.

19.—(1) A seafarer designated to launch or take charge of a survival craft or a rescue boat, other than a fast rescue boat, must hold a certificate of proficiency in such craft.

(2) The Secretary of State may issue a certificate of proficiency required by paragraph (1) only to a person who meets the criteria specified in STCW Regulation VI/2, paragraph 1.

(3) In this regulation—

“liferaft” means a liferaft complying with the requirements of either Schedule 4 to Merchant Shipping Notice 1676(M) or Schedule 5 to Merchant Shipping Notice 1677(M); and

“survival craft” means a craft capable of sustaining the lives of persons in distress from the time of abandoning the ship.

Seafarers designated to launch or take charge of a fast rescue boat U.K.

20.—(1) A seafarer designated to launch or take charge of a fast rescue boat must hold a certificate of proficiency in such craft.

(2) The Secretary of State may issue a certificate of proficiency required by paragraph (1) only to a person who meets the criteria specified in STCW Regulation VI/2, paragraph 2.

Ship security officers U.K.

21.—(1) A ship security officer must hold a certificate of proficiency for the performance of the duties or functions of such a role.

(2) The Secretary of State may issue a certificate of proficiency required by paragraph (1) only to a person who meets the criteria specified in STCW Regulation VI/5, paragraph 1.

(3) In this regulation, “ship security officer” means the person on board a ship, accountable to the master, designated by the company as responsible for the security of the ship including implementation and maintenance of the ship security plan and liaison with the company security officer and port facility security officers.

Seafarers on a passenger ship engaged on international voyages (other than a high speed craft) U.K.

22.—(1) This regulation applies to seafarers serving on board a passenger ship engaged on international voyages, other than a high speed craft.

(2) Prior to being assigned shipboard duties on board a passenger ship, a seafarer must have completed the training required by paragraphs (3) to (6) in accordance with their capacity, duties and responsibilities.

(3) Training in crowd management as specified in section A-V/2 of the STCW Code must be completed by the following—

(a) the master;

(b) each officer; and

(c) any other seafarer designated on muster lists to assist passengers in emergency situations on board passenger ships.

(4) Safety training specified in section A-V/2 paragraph 2 of the STCW Code must be completed by a seafarer providing direct service to passengers in passenger spaces on board a passenger ship.

(5) Approved training in passenger safety, cargo safety and hull integrity as specified in section A-V/2, paragraph 4 of the STCW Code must be completed by—

(a) the master;

(b) a chief engineer officer;

(c) a chief mate;

(d) a second engineer officer; and

(e) any other seafarer assigned immediate responsibility for embarking and disembarking passengers, loading, discharging or securing cargo, or closing hull openings on board a ro-ro passenger ship.

(6) Approved training in crisis management and human behaviour specified in section A-V/2, paragraph 3, of the STCW Code must be completed by—

(a) the master;

(b) a chief engineer officer;

(c) a chief mate;

(d) a second engineer officer; and

(e) any other seafarer designated on muster lists as having responsibility for the safety of passengers in emergency situations.

(7) In paragraph (1) “international voyage” means a voyage from a port in one country to a port in another country, either of the countries being a Party to the STCW Convention.

Seafarers on a high speed craft U.K.

23.—(1) This regulation applies to a seafarer serving on board a high speed craft constructed on or after 1st January 1996.

(2) Before being assigned shipboard duties on board a high speed craft to which this regulation applies, a seafarer must complete the training specified in section 18.3.3 of the High Speed Craft Code.

(3) A person providing the training referred to in this regulation must issue documentary evidence to every person successfully completing such training.

(4) In the case of masters and officers, the documentary evidence must be a certificate in the form and must be endorsed in a manner specified by the Secretary of State in Merchant Shipping Notice 1740(M).

Safety familiarisation, basic training and instruction for all seafarers U.K.

24.  Before being assigned to shipboard duties, a seafarer must—

(a) receive familiarisation and basic training or instruction in accordance with section A-VI/1 of the STCW Code; and

(b) meet the appropriate standard of competence specified in that section.

Seafarers designated as a fire fighting controller U.K.

25.  A seafarer designated to control fire-fighting operations must—

(a) have successfully completed advanced training in techniques for fighting fire, with particular emphasis on organisation, tactics and command in accordance with section A-VI/3, paragraphs 1 to 4 of the STCW Code; and

(b) meet the standard of competence specified in that section.

Seafarers designated as a provider of medical first aid or to take charge of medical care U.K.

26.—(1) A seafarer designated to provide medical first aid on board a ship must meet the standard of competence in medical first aid specified in section A-VI/4, paragraphs 1 to 3 of the STCW Code.

(2) A seafarer designated to take charge of medical care on board a ship must meet the standard of competence in medical care on board ships specified in section A-VI/4, paragraphs 4 to 6 of the STCW Code.

Security-related familiarisation training for seafarers on an ISPS ship U.K.

27.—(1) This regulation applies to a seafarer serving on a seagoing ship which is required to comply with the provisions of the ISPS Code.

(2) Before being assigned to shipboard duties, a seafarer must—

(a) receive security-awareness familiarisation and security-awareness training or instruction in accordance with section A-VI/6, paragraphs 1 to 4 of the STCW Code; and

(b) meet the appropriate standard of competence specified in that section.

(3) A seafarer with designated security duties must meet the standard of competence specified in section A-VI/6, paragraphs 6 to 8 of the STCW Code.

Application and issuing of certificates U.K.

Application for a certificate U.K.

28.  An application for the issue of a certificate required by this Part must be made in a form specified by the Secretary of State and be accompanied by the prescribed fee and evidence of identity, age, relevant service, standards of competence and certificates or qualifications held.

Form of a certificate and approval of seagoing service U.K.

29.—(1) A certificate of competency or a certificate of proficiency issued under this Part must be in the form specified in section A-I/2, paragraph 1, of the STCW Code.

(2) When approving seagoing service required by the Convention, the Secretary of State must act in accordance with section A-I/2, paragraph 5, of the STCW Code and Section 9 of Merchant Shipping Notice 1856(M + F).

Endorsements on a certificate U.K.

30.  Where the Secretary of State issues a certificate under regulation 6, 8, 9, 10, 11, 12 or 13, the certificate must be endorsed by the Secretary of State in the form prescribed in STCW Regulation I/2.

Exemptions U.K.

31.—(1) The Secretary of State may grant an exemption from the requirements of this Part provided that the Secretary of State is satisfied that—

(a) in the case of a master or chief engineer officer, the conditions specified in paragraphs (2) and (3) are met;

(b) in the case of a radio operator, the conditions specified in paragraph (2) are met and the relevant requirements of the radio regulations annexed to, or regarded as being annexed to the International Telecommunication Convention, as amended M1 , are met; or

(c) in the case of any other category of seafarer, the conditions specified in paragraph (2) are met.

(2) The conditions referred to in each subparagraph of paragraph (1) are that—

(a) an exemption is necessary and does not pose a danger to persons, property or the environment;

(b) the seafarer is adequately qualified to fill the vacant post in a safe manner; and

(c) the seafarer is—

(i) properly certificated to fill the post immediately below that which the seafarer now performs; or

(ii) where certification of the post immediately below is not required, the qualification and experience of the seafarer are of clear equivalence to the requirements for the post to be filled and the seafarer passes a test accepted by the Secretary of State as demonstrating that an exemption may safely be issued.

(3) The conditions referred to in paragraph (1)(a) only is that circumstances of force majeure exist.

(4) The Secretary of State must specify the duration of an exemption and the duration must be—

(a) in the case of a seafarer referred to in paragraph (1)(a), the shortest possible period; and

(b) in the case of another category of seafarer, a period not exceeding six months.

(5) In exercising the function specified in paragraph (4) the Secretary of State must have as an objective ensuring that the post in question is filled by the holder of an appropriate certificate as soon as possible.

(6) The Secretary of State may impose such additional terms on an exemption under this regulation as the Secretary of State may consider appropriate.

(7) The Secretary of State may amend or cancel any exemptions granted under this regulation.

Marginal Citations

M1 2012 Edition of the radio regulations, ISBN 978-92-61-14021-2.

Recognition of certificates U.K.

Recognition of a certificate issued by an EEA State U.K.

32.—(1) The Secretary of State [F3 may] recognise—

(a) a certificate of competency issued in accordance with the requirements of the Directive by or on the authority of an EEA State which is a Party to the STCW Convention to a master, officer or radio operator;

(b) a certificate of proficiency in training for tanker cargo operations issued in accordance with the requirements of the Directive by or on the authority of an EEA State which is a Party to the STCW Convention; and

(c) any other certificate of proficiency issued in accordance with the requirements of the Directive by or on the authority of an EEA State which is a Party to the STCW Convention.

(2) Subject to paragraphs (3) and (4), on the application of a holder of a certificate described in paragraph (1) (a) or (b), the Secretary of State [F4 may] issue a certificate of equivalent competency attesting to its recognition.

(3) Subject to paragraphs (5) and (6), the Secretary of State may, before issuing a certificate of equivalent competency to an applicant performing management level functions require the applicant to demonstrate sufficient knowledge of such United Kingdom maritime legislation as is relevant to the applicant's management level functions.

(4) The Secretary of State must not issue a certificate of equivalent competency to an applicant unless the applicant can demonstrate possession of adequate language proficiency, in accordance with the requirements in sections A-II/1, A-III/1, A-IV/2 and A-II/4 of the STCW Code.

(5) An applicant may, instead of demonstrating knowledge of United Kingdom maritime legislation in accordance with paragraph (3), choose to undergo an adaptation period of the duration specified by the Secretary of State (but which must not exceed three years).

(6) If an applicant chooses to undergo an adaptation period in accordance with paragraph (5) the Secretary of State [F5 may], for the duration of that period, issue to the applicant a certificate of equivalent competency of such next lower capacity as does not require a knowledge of UK maritime legislation.

(7) A certificate of equivalent competency issued under this regulation must be in the form set out in section A-I/2, paragraph 3 of the STCW Code.

(8) In this regulation—

[F6 “EEA state” means a state which is an EEA state immediately before IP completion day;]

“management level functions” means functions of the level of responsibility associated with—

(a)

serving as master, chief mate, chief engineer or second engineer officer on board a seagoing ship; and

(b)

ensuring that all functions within the designated area of responsibility are properly performed; and

“functions within the designated area of responsibility” means the seven functions listed in paragraph 2 of the Introduction to the STCW Code.

Textual Amendments

F3 Word in reg. 32(1) substituted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in reg. 32(2) substituted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in reg. 32(6) substituted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 32(8) inserted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(4)(b) (as amended by S.I. 2020/1000, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)

Recognition of a certificate issued by [F7 a third party State] U.K.

33.—(1) This regulation applies to the following certificates issued by or under the authority of a third party State [F8 recognised immediately before IP completion day in accordance with paragraph (2)]—

(a) a certificate of competency issued to a master or an officer;

(b) a certificate of competency issued to a GMDSS radio operator; or

(c) a certificate of proficiency in training for tanker cargo operations issued to a master or an officer.

[F9 (2) The Secretary of State may recognise such a certificate if—

(a) it is issued by a third party State which was recognised by an EEA State as at 14th June 2005 and such recognition had not, before IP completion day, been withdrawn by the Commission in accordance with Article 20 of the Directive; or

(b) it is issued by a third party State recognised by the Commission before IP completion day in accordance with Article 19 of the Directive and such recognition had not, before IP completion day, been withdrawn in accordance with Article 20 of the Directive.]

(3) Subject to paragraphs (5) and (6), where the Secretary of State recognises a certificate pursuant to paragraph (2) the Secretary of State must, on application of the holder of a certificate, issue a certificate of equivalent competency attesting to its recognition.

(4) The Secretary of State must not issue a certificate of equivalent competency to an applicant unless the applicant can demonstrate possession of adequate language proficiency, in accordance with the requirements in sections A-II/1, A-III/1, A-IV/2 and A-II/4 of the STCW Code.

(5) Where, pursuant to paragraph (2), the Secretary of State recognises the standard of competence or proficiency required for the issue of a certificate by a third party State as satisfying only in part the standard required for officers qualified for the purpose of this Part, the Secretary of State may specify additional standards which are to be attained, and the means by which such standards may be demonstrated, for the issue of a certificate of equivalent competency.

F10 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A certificate of equivalent competency issued under this regulation must be in the form set out in section A-I/2, paragraph 3 of the STCW Code.

Textual Amendments

F7 Words in reg. 33 heading substituted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 33(1) inserted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(5)(b) (as amended by S.I. 2020/1000, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)

F9 Reg. 33(2) substituted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(5)(c) (as amended by S.I. 2020/1000, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)

F10 Reg. 33(6)(7) omitted (31.12.2020) by virtue of The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(5)(d); 2020 c. 1, Sch. 5 para. 1(1)

[F11 Recognition of a party to the STCW on or after IP completion day U.K.

33A.— (1) This regulation applies where the Secretary of State proposes, on or after IP completion day, to make a decision to recognise a party to the STCW Convention to which regulation 32 or 33 does not apply in order to facilitate the recognition of certificates described in paragraph (5) issued by or under the authority of that party.

(2) Before making a decision described in paragraph (1) the Secretary of State must—

(a) collect all relevant information in order to carry out an assessment of the training and certification systems in the country to which the decision would apply in order to verify whether that party—

(i) meets all the requirements of the STCW Convention regarding standards of competence, training and certification and quality standards; and

(ii) has taken appropriate measures to prevent fraud involving certificates; and

(b) set in process the agreement of an undertaking with the country to which the decision would apply to ensure that prompt notification is given to the Secretary of State of any significant change in the arrangements for training and certification provided in accordance with the STCW Convention.

(3) The assessment described in paragraph (2)(a) may include an inspection of facilities and procedures.

(4) Where the Secretary of State is satisfied that the requirements of paragraph (2) have been met, the Secretary of State may—

(a) make a decision to recognise that party; and

(b) recognise the certificates described in paragraph (5) issued by or under the authority of that party.

(5) The certificates are—

(a) a certificate of competency issued to a master or an officer;

(b) a certificate of competency issued to a GMDSS radio operator; or

(c) a certificate of proficiency in training for tanker cargo operations issued to a master or an officer.

(6) Subject to paragraph (7), where the Secretary of State recognises a certificate described in paragraph (5), the Secretary of State may, on application of the holder of the certificate, issue a certificate of equivalent competency attesting to its recognition.

(7) The Secretary of State must not issue a certificate of equivalent competency to an applicant unless the applicant can demonstrate possession of adequate language proficiency, in accordance with the requirements in sections A-II/1, A-III/1, A-IV/2 and A-II/4 of the STCW Code.

(8) Where, pursuant to paragraph (4)(b), the Secretary of State recognises the standard of competence or proficiency required for the issue of a certificate by a party to the STCW as satisfying only in part the standard required for officers qualified for the purpose of this Part, the Secretary of State may specify additional standards which are to be attained, and the means by which such standards may be demonstrated, for the issue of a certificate of equivalent competency.

(9) For the purposes of this regulation “certificate of competency” means a certificate issued and endorsed for masters, officers and GDMSS radio operators in accordance with the provisions of chapters II, III, IV or VII in Attachment I to the Final Act of the 2010 Manila Conference of Parties to the STCW Convention.

Textual Amendments

F11 Regs. 33A, 33B inserted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(6) (as amended by S.I. 2020/1000, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)

Withdrawal of recognition U.K.

33B.— (1) The Secretary of State may, in the circumstances described in paragraph (2) and subject to paragraph (3), withdraw recognition of a party to the STCW Convention which issued a certificate described in regulation 32, 33 or 33A.

(2) The circumstances are that, following an evaluation of the party which issued the certificate (which may include an inspection of facilities and procedures) the Secretary of State is no longer satisfied that the requirements of the STCW Convention regarding standards of competence, training and certification and quality standards are fully complied with.

(3) Where there are indications that a party may no longer comply with the requirements described in paragraph (2), the Secretary of State must notify the party that recognition of that party's certificates will be withdrawn six months after such notification is given unless adequate measures are taken to ensure compliance with all relevant requirements of the STCW Convention.

(4) Where the Secretary of State withdraws recognition of a State in accordance with paragraph (1)—

(a) certificates of equivalent competency issued on the basis of that recognition before the date of the decision to withdraw recognition remain valid; and

(b) an officer holding a certificate of equivalent competency may not be issued with a certificate of equivalent competency of a higher grade based on a certificate issued by that State except where an officer qualifies for a certificate solely on the basis of additional sea service.]

Textual Amendments

F11 Regs. 33A, 33B inserted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(6) (as amended by S.I. 2020/1000, regs. 1, 8); 2020 c. 1, Sch. 5 para. 1(1)

Validity of certificates U.K.

Validity of a certificate or endorsement U.K.

34.—(1) Subject to regulations 35 and 36, a certificate issued under this Part remains valid for sea-going service provided the holder complies with the standards and conditions—

(a) as to medical fitness prescribed by the Medical Certification Regulations; and

(b) of professional competency to act in the appropriate capacity required by the STCW Convention and this Part.

(2) Subject to regulation 35, an endorsement issued under regulation 30 remains valid for sea-going service provided that the conditions specified in paragraphs (3) and (4) are met.

(3) The first condition referred to in paragraph (2) is that the certificate which is endorsed has not expired or been withdrawn, suspended or cancelled.

(4) The second condition referred to in paragraph (2) is that the holder complies with the standards and conditions—

(a) as to medical fitness prescribed by the Medical Certification Regulations; and

(b) of professional competency to act in the appropriate capacity required by the STCW Convention and this Part.

Revalidation of certain certificates and endorsements U.K.

35.—(1) This regulation applies to—

(a) a certificate of competency issued to a master or an officer;

(b) a certificate of equivalent competency issued to a master or an officer;

(c) a certificate of proficiency in training for tanker operations issued to a master or an officer; and

(d) an endorsement issued under regulation 30.

(2) A certificate or endorsement to which this regulation applies is not valid for seagoing service unless, at intervals not exceeding five years, it is revalidated by the Secretary of State.

(3) Before revalidating a certificate or endorsement to which this regulation applies, the Secretary of State must be satisfied that the holder of the certificate has established continued professional competence in accordance with section A-I/11 of the STCW Code.

(4) An application for revalidation must be made in a form specified by the Secretary of State and be accompanied by—

(a) evidence of identity, age, relevant service, standards of competence and certificates or qualifications held; and

(b) the prescribed fee.

Refresher training for certain seafarers U.K.

36.—(1) Paragraph (2) applies to a seafarer who holds a certificate of proficiency in the following—

(a) personal survival techniques;

(b) survival craft and rescue boats;

(c) advanced firefighting;

(d) fire prevention and firefighting; and

(e) fast rescue boats.

(2) A seafarer to whom this paragraph applies must at intervals not exceeding five years, successfully complete approved refresher training relating to the certificate held.

(3) A master and a seafarer designated to take charge of medical care on board ship must at intervals not exceeding five years successfully complete approved refresher training relating to that designation.

(4) Every master and officer must for continuing sea-going service on ships referred to in regulations 22 and 23 successfully complete approved refresher training relating to the training and qualifications required under those sections at intervals not exceeding five years.

Cancellation of certificates and appeals U.K.

Cancellation of a certificate U.K.

37.  The Secretary of State may cancel a certificate issued under this Part where—

(a) the holder is convicted of an offence under section 47(5) of the Act; or

(b) a certificate or endorsement is issued and the conditions for its issue prescribed in these Regulations have not been complied with.

Appeal against refusal or cancellation of a certificate U.K.

38.—(1) If the Secretary of State intends to—

(a) refuse the issue of;

(b) refuse the revalidation of; or

(c) cancel,

a document specified in paragraph (2) for any reason, the Secretary of State must give notice in writing to the applicant or holder of the certificate.

(2) The documents referred to in paragraph (1) are—

(a) a certificate of competency;

(b) a certificate of equivalent competency;

(c) a certificate of proficiency; or

(d) an endorsement issued under regulation 30.

(3) The applicant may, before a date specified in the notice, require the refusal or cancellation to be reviewed at an inquiry.

(4) If the Secretary of State fails either to—

(a) issue or revalidate a certificate of equivalent competency; or

(b) to give notice in writing pursuant to paragraph (1) to an applicant for a certificate of equivalent competency within twenty eight days of the application being made,

the Secretary of State is deemed to have refused the application and the applicant has the right, to require in writing before the expiry of a further twenty eight days, that the application be reviewed at an inquiry.

(5) If the applicant has required an inquiry in accordance with paragraph (3) or (4), the Secretary of State must cause such an inquiry to be held by one or more persons appointed by the Secretary of State.

Loss of certificates and record keeping U.K.

Loss of a certificate U.K.

39.  Where a person who holds a certificate has lost or been deprived of it, the Secretary of State may, upon receipt of the prescribed fee, issue a certified copy of the certificate to the holder.

Register of certificates and endorsements U.K.

40.—(1) The Registrar must keep a register of certificates and endorsements issued under this Part (“ the register”) recording the items of information listed in section A-I/2, paragraph 9, of the STCW Code.

(2) Upon the request of a State or company referred to in paragraph (3) the Registrar must provide from the register the information listed in paragraph (4) in so far as such information is necessary to verify the authenticity or validity of documents held by a seafarer.

(3) For the purposes of paragraph (2) a State or company is—

(a) an EEA State;

(b) a third party State; or

(c) a company which employs, or is considering employing, the seafarer to whom the information relates on board a ship.

(4) The information mentioned in paragraph (2) is information on the status of—

(a) a certificate of competency;

(b) a certificate of proficiency in training for tanker cargo operations issued to a master or an officer;

(c) an endorsement issued in respect of a certificate within (i) or (ii); or

(d) any dispensation or exemption granted under sections 48 or 54 of the Act which relates to the seafarer to whom the request relates.

F12 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this regulation “the Registrar” means the Registrar General of Shipping and Seamen or such other person appointed by the Secretary of State to perform the functions under this regulation.

Textual Amendments

F12 Reg. 40(5) omitted (31.12.2020) by virtue of The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(7); 2020 c. 1, Sch. 5 para. 1(1)

Training U.K.

Provision and quality of training U.K.

41.—(1) A person providing the training or assessment of seafarers for certification under the STCW Convention or this Part must ensure that—

(a) such training or assessment is administered, supervised and monitored in accordance with section A-I/6 of the STCW Code; and

(b) those responsible for such training are appropriately qualified in accordance with that section for the type and level or training involved.

(2) A person providing training specified by the Secretary of State must issue documentary evidence to every person successfully completing such training which complies and which, in the case of masters and officers having an operational role on high speed craft, must be a certificate in a form specified in Merchant Shipping Notice 1740(M) endorsed in a manner specified in that notice.

(3) The Secretary of State must ensure that—

(a) a quality standards system meeting the requirements of STCW Regulation I/8 is in place; and

(b) periodically an evaluation is undertaken in accordance with that Regulation and a report is communicated to [F13 the Secretary-General of the International Maritime Organization] in the format specified in section A-I/7 of the STCW Code within six months of the date of the evaluation.

Textual Amendments

F13 Words in reg. 41(3)(b) substituted (31.12.2020) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/630), regs. 1, 2(8); 2020 c. 1, Sch. 5 para. 1(1)