The Merchant Shipping (Disqualification of Holder of Seaman’s Certificates) Regulations 1997

Made: 14th February 1997

Laid before Parliament: 20th February 1997

Coming into force: 13th March 1997

The Secretary of State for Transport, after consulting with the organisations referred to in section 306(4) of the Merchant Shipping Act 1995[^f00001], in exercise of the powers conferred on him by section 62(6) of that Act and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Merchant Shipping (Disqualification of Holder of Seaman’s Certificates) Regulations 1997 and shall come into force on 13th March 1997.

• (2) In these Regulations:

• “the 1995 Act” means the Merchant Shipping Act 1995.

Application

2

These Regulations apply in relation to any certificate of competence issued under section 54 of the 1995 Act and to any certificate or other document issued under section 47 of the 1995 Act other than one certifying that a person is qualified as an officer.

Notice of suspension or cancellation of certificate

3

• (1) A notice served by the Secretary of State pursuant to section 62(1) of the 1995 Act shall be given to the holder of the certificate in the form set out in Schedule 1 to these Regulations.

• (2) Service of such notice shall be effected either by serving the holder of the certificate concerned personally or by sending it to him at his last known address by registered post or by the recorded delivery service.

Representations

4

• (1) Within six weeks of the receipt of such notice, or such longer period as the Secretary of State may allow, the holder of the certificate may inform the Secretary of State of his intention to make written representations or claim to make oral representations to the Secretary of State.

• (2) In the case of a claim to make oral representations the Secretary of State shall seek to agree with the holder of the certificate a suitable date and place for the oral representations to be heard and if no such agreement is reached they shall be heard at the address given in Schedule 1 to these Regulations on the last working day of the period for representations allowed by this regulation.

• (3) If oral representations are to be made the holder of the certificate may be accompanied by a friend who may advise him or speak on his behalf.

• (4) Representations, whether written or oral, shall be made within ten weeks of receipt of the notice.

Notice of decision

5

• (1) The Secretary of State shall give the holder notice of his decision in the form set out in Schedule 2 to these Regulations.

• (2) Service of the notice referred to in this regulation shall be effected either by serving the holder of the certificate concerned personally or by delivering it to his last known address or by sending it by post to his last known address.

SCHEDULE 1

NOTICE OF INTENTION TO SUSPEND OR CANCEL CERTIFICATE

SCHEDULE 2

NOTICE OF DECISION CONCERNING SUSPENSION OR CANCELLATION OF CERTIFICATE

Signed

Signed by authority of the Secretary of State for Transport

Goschen — Parliamentary Under-Secretary of State, — Department of Transport — 14th February 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe the procedure to be followed with respect to the making and consideration of representations where the Secretary of State is considering suspending or cancelling a certificate issued to a seaman pursuant to sections 47, other than one certifying that a person is qualified as an officer, and 54 of the Merchant Shipping Act 1995.

The Regulations prescribe the form of the notice to be served on the certificate holder concerned stating that the Secretary of State is considering suspending or cancelling his certificate (regulation 3(1)). The certificate holder may give notice of his intention to make written or oral representations to the Secretary of State within six weeks of receipt of the notice (regulation 4(1)). The representations, whether written or oral, must be made within ten weeks of the receipt of the notice (regulation 4(4)).

After considering any representations the Secretary of State must inform the certificate holder concerned of his decision in writing (regulation 5(2)).

Footnotes

[^f00001]: 1995 c. 21.