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

Suspension and cancellation of certificates and appeals U.K.

Suspension and cancellation of a certificate U.K.

44.  The Secretary of State may suspend or cancel a certificate issued under this Part where—

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

(b) a certificate has been issued or endorsed and the conditions for its issue or endorsement have not been complied with.

Commencement Information

I1 Reg. 44 in force at 10.1.2023, see reg. 1(1)

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

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

(a) refuse the issue of;

(b) refuse the revalidation of;

(c) suspend; or

(d) cancel,

a certificate issued under this Part for any reason, the Secretary of State must give notice in writing to the applicant or holder of the certificate.

(2) If an approved training provider intends to—

(a) refuse the issue or revalidation of a certificate of proficiency; or

(b) refuse the issue of documentary evidence as required by regulation 26 (seafarers on a high speed craft) or regulation 49(2) (issue of certificates of proficiency and documentary evidence by an approved training provider),

that approved training provider must give notice in writing to the applicant or holder of the certificate.

(3) The requirement that the notice given under paragraph (1) or (2) be in writing is satisfied where the text of the notice is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

(4) The applicant may, before a date specified in the notice given under paragraph (1) or (2), require the refusal, suspension or cancellation to be reviewed at an inquiry.

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

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

(b) give notice in writing pursuant to paragraph (1) to an applicant for a certificate of equivalent competency within 28 days of the application being made,

the Secretary of State is deemed to have refused the application and, before the expiry of a further 28 days, the applicant has the right to require in writing that the application be reviewed at an inquiry.

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

(7) For the purposes of paragraph (1), “certificate” includes an endorsement under regulation 34 (endorsements on a certificate of competency).

Commencement Information

I2 Reg. 45 in force at 10.1.2023, see reg. 1(1)

Loss of a certificate U.K.

46.—(1) Where a person who holds a certificate has lost or been deprived of it, the Secretary of State may, following receipt of an application in accordance with paragraph (2), issue a certified copy of the certificate to the holder.

(2) An application made to the Secretary of State for a certified copy of a certificate issued under these Regulations must be—

(a) made in a form specified by the Secretary of State;

(b) accompanied by the prescribed fee; and

(c) where the request relates to a certificate of proficiency issued by an approved training provider, accompanied by evidence of the issue of that certificate by the approved training provider.

Commencement Information

I3 Reg. 46 in force at 10.1.2023, see reg. 1(1)

Register of certificates and endorsements U.K.

47.—(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 (database of certificate registration).

(2) Upon the request of—

(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,

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

(3) The information referred to 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 in respect of a certificate referred to in paragraph (a) or (b); 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.

(4) 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.

Commencement Information

I4 Reg. 47 in force at 10.1.2023, see reg. 1(1)