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

Training providers U.K.

Approval of training providers U.K.

48.—(1) A person providing training or assessment of seafarers for certification under this Part 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 of the Merchant Shipping Notices described in paragraph (3) that applies to that person; and

(c) has paid the prescribed fee.

(3) The requirements of the Merchant Shipping Notices referred to in paragraph (2)(b) are—

(a) Annexes G, H, I, J and K to Merchant Shipping Notice 1856 (M+F) Amendment 1(1);

(b) Annexes D, E, F, G and H to Merchant Shipping Notice 1857 (M+F) Amendment 1;

(c) Annex G to Merchant Shipping Notice 1858 (M+F) Amendment 1(2);

(d) Annex E to Merchant Shipping Notice 1859 (M+F) Amendment 1;

(e) Annex B to Merchant Shipping Notice 1860 (M) Amendment 1(3);

(f) paragraphs 11 and 12 in Merchant Shipping Notice 1862 (M) Amendment 1(4);

(g) Annex F to Merchant Shipping Notice 1865 (M) Amendment 1(5);

(h) Annex D to Merchant Shipping Notice 1866 (M) Amendment 1(6);

(i) Annex D to Merchant Shipping Notice 1904 (M+F).

(4) An approval may be given under paragraph (2) for a maximum period of five years from the date specified in the approval letter.

(5) 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.

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

(7) An approval given under paragraph (2), an extension under paragraph (5) or an alteration, suspension or cancellation under paragraph (6) 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.

(8) The requirement that an approval given under paragraph (2), an extension under paragraph (5) or an alteration, suspension or cancellation under paragraph (6), be in writing is satisfied where the text of the approval, 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.

(9) 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 (5),

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

(10) A person approved under paragraph (2) or given an extension of an approval under paragraph (5) 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.

(11) 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 (5), to be surrendered.

(12) 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 contained in the Merchant Shipping Notices described in paragraph (3).

(13) 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 (11).

(14) In this regulation, “approval letter” and “approval certificate” mean the documents so described in the provisions of the Merchant Shipping Notices described in paragraph (3).

Commencement Information

I1 Reg. 48 in force at 10.1.2023, see reg. 1(1)

Issue of certificates of proficiency and documentary evidence by an approved training provider U.K.

49.—(1) Except in respect of the training and assessment of masters and officers undertaken to meet the requirements of regulations 10 to 14 (training requirements for seafarers on oil, chemical or liquefied gas tankers), 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).

(2) For the purposes of the training and assessment of masters and officers undertaken to meet the requirements of—

(a) regulations 7 to 16 (training requirements for certificates of competency, alternative certification and seafarers on oil, chemical or liquefied gas tankers);

(b) regulation 25 (seafarers on a passenger ship engaged on international voyages (other than high speed craft)); and

(c) regulation 43 (refresher training for certain seafarers),

an approved training provider must issue documentary evidence to every person successfully completing such training or assessment.

Commencement Information

I2 Reg. 49 in force at 10.1.2023, see reg. 1(1)

Appeal against refusal, alteration, suspension or cancellation of an approval U.K.

50.—(1) A person—

(a) who is refused an approval pursuant to regulation 48 (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 48(6) (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.

(2) If an inquiry is requested by a person in accordance with paragraph (1), the Secretary of State must cause such an inquiry to be held by one or more persons appointed by the Secretary of State.

Commencement Information

I3 Reg. 50 in force at 10.1.2023, see reg. 1(1)

(1)

Merchant Shipping Notice 1856 (M) Amendment 1 can be found at https://www.gov.uk/government/collections/merchant-shipping-notices-msns and in hard copy from the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]) and on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency.

(2)

Merchant Shipping Notice 1858 (M+F) Amendment 1 can be found at https://www.gov.uk/government/collections/merchant-shipping-notices-msns. See the footnote to Merchant Shipping Notice 1856 (M) Amendment 1 for information on how to obtain a hard copy of this Merchant Shipping Notice.

(3)

Merchant Shipping Notice 1860 (M) Amendment 1 can be found at https://www.gov.uk/government/collections/merchant-shipping-notices-msns. See the footnote to Merchant Shipping Notice 1856 (M) Amendment 1 for information on how to obtain a hard copy of this Merchant Shipping Notice.

(4)

Merchant Shipping Notice 1862 (M+F) Amendment 1 can be found at https://www.gov.uk/government/collections/merchant-shipping-notices-msns. See the footnote to Merchant Shipping Notice 1856 (M) Amendment 1 for information on how to obtain a hard copy of this Merchant Shipping Notice.

(5)

Merchant Shipping Notice 1865 (M+F) Amendment 1 can be found at https://www.gov.uk/government/collections/merchant-shipping-notices-msns. See the footnote to Merchant Shipping Notice 1856 (M) Amendment 1 for information on how to obtain a hard copy of this Merchant Shipping Notice.

(6)

Merchant Shipping Notice 1866 (M+F) Amendment 1 can be found at https://www.gov.uk/government/collections/merchant-shipping-notices-msns. See the footnote to Merchant Shipping Notice 1856 (M) Amendment 1 for information on how to obtain a hard copy of this Merchant Shipping Notice.