The Merchant Shipping (Polar Code) (Safety) Regulations 2021

Approval of training providersU.K.

This section has no associated Explanatory Memorandum

9.—(1) A person providing training or assessment of seafarers for certification under these Regulations must be approved by the Secretary of State as a provider of training or assessment of seafarers.

(2) The Secretary of State may approve a person as a provider of training or assessment of seafarers if satisfied that that person—

(a)has the qualifications and experience required under Section A-I/6 of the STCW Code (training and assessment);

(b)meets each of the requirements in the Annex to Marine Guidance Note 637(M); and

(c)has paid the prescribed fee.

(3) An approval may be [F1given] under paragraph (2) for a maximum period of 5 years from the date specified in the approval letter.

[F2(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.]

(5) An approval given under paragraph (2) or an extension under paragraph (4) may, on the giving of reasonable notice, be [F3altered,] suspended or cancelled.

(6) An approval given under paragraph (2), an extension under paragraph (4) or [F4an alteration, suspension] or cancellation under paragraph (5) must—

(a)be in writing;

(b)specify the date on which it takes effect; and

(c)specify the terms, if any, on which it is given.

(7) The requirement that an approval given under paragraph (2), an extension under paragraph (4) or [F5an alteration, suspension] or cancellation under paragraph (5), be in writing is satisfied where the text of the [F6approval, extension, alteration, suspension or cancellation] is—

(a)transmitted by electronic means;

(b)received in legible form; and

(c)capable of being used for subsequent reference.

(8) If the Secretary of State intends to refuse to—

(a)approve a person under paragraph (2); or

(b)extend a person’s approval under paragraph (4),

the Secretary of State must give notice in writing to that person.

(9) A person approved under paragraph (2) or given an extension of an approval under paragraph (4) must continue to comply with the requirements in sub-paragraphs (a) and (b) of paragraph (2) for the duration of the validity of the approval.

(10) The Secretary of State may require an approval letter or approval certificate recording an approval given under paragraph (2) or an extension of an approval under paragraph (4), to be surrendered.

(11) The Secretary of State may monitor and periodically evaluate approved training providers in accordance with STCW Regulation I/8 (quality standards) and the monitoring and evaluation requirements set out in the Annex to Marine Guidance Note 637(M).

(12) No person must—

(a)offer to provide, or provide, training or assessment of seafarers for certification under this Part without an approval given by the Secretary of State under this regulation;

(b)with intent to deceive, use, lend, or allow to be used by another an approval given by the Secretary of State under this regulation;

(c)advertise or otherwise display an approval given by the Secretary of State under this regulation, which has expired, or has not been given to that person under this regulation;

(d)fail to surrender an approval letter or approval certificate required to be surrendered under paragraph (10).

(13) An approved training provider must issue a certificate of proficiency to every person who successfully completes the training or assessment undertaken to meet the requirements for such certificate in the form specified in Section A-I/2 of the STCW Code (certificates and endorsements).

(14) In this regulation—

(a)a reference to the Annex to Marine Guidance Note 637(M) means a document issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and includes a reference to any document amending or replacing that Annex which is considered by the Secretary of State to be relevant from time to time;

(b)“approval letter” and “approval certificate” mean the documents so described in the Annex to Marine Guidance Note 637(M).

Textual Amendments

Commencement Information

I1Reg. 9 in force at 6.1.2022, see reg. 1(1)