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The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015
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Changes over time for: Section 38
Version Superseded: 10/01/2023
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- 09/06/2015- Amendment
- 09/06/2015
Point in time - 10/01/2023- Amendment
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Appeal against refusal or cancellation of a certificateU.K.
This section has no associated Explanatory Memorandum
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.
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