The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022
- (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 125;
- (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 126;
- (d) Annex E to Merchant Shipping Notice 1859 (M+F) Amendment 1;
- (e) Annex B to Merchant Shipping Notice 1860 (M) Amendment 127;
- (f) paragraphs 11 and 12 in Merchant Shipping Notice 1862 (M) Amendment 128;
- (g) Annex F to Merchant Shipping Notice 1865 (M) Amendment 129;
- (h) Annex D to Merchant Shipping Notice 1866 (M) Amendment 2;
- (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).
Issue of certificates of proficiency and documentary evidence by an approved training provider
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.
Appeal against refusal, alteration, suspension or cancellation of an approval
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.
PART 3 — Training and certification: hovercraft
Hovercraft personnel
51
- (1) This Part applies to every seagoing hovercraft registered in the United Kingdom which was constructed on or after 1st January 1996.
- (2) A seafarer on a hovercraft to which this Part applies must meet the standards of competence specified in paragraph (3) in order to be qualified for the purposes of section 47 of the Act (manning).
- (3) The owner of a hovercraft to which this paragraph applies must ensure that a seafarer on board a hovercraft to which this regulation applies has completed the training specified in paragraph 18.3.3 of the High Speed Craft Code (type rating training).
- (4) A person providing the training referred to in paragraph (3) must issue documentary evidence to every person successfully completing such training.
- (5) In the case of a master or an officer, the documentary evidence must be a certificate in the form specified by the Secretary of State in Merchant Shipping Notice 1740 (M) and the certificate must be endorsed in a manner so specified.
Certificates and approved training providers
52
- (1) Regulations 31 to 34 (application and issuing of certificates and endorsements), 41 (validity of a certificate or endorsement), 42 (revalidation of certain certificates and endorsements), 44 (suspension and cancellation of a certificate), 45 (appeal against refusal, suspension or cancellation of a certificate) and 46 (loss of a certificate) apply to certificates issued under regulation 51 (hovercraft personnel) as they apply to certificates issued under Part 2.
- (2) Regulations 48 to 50 (training providers) apply to a person providing the training referred to in regulation 51(3) (type rating training) as they apply to a person providing training or assessment of seafarers for certification under Part 2.
Exemptions
53
- (1) The Secretary of State may grant to the owner of a hovercraft an exemption from any of the requirements of regulation 51 (hovercraft personnel) for classes of case or individual cases if satisfied that compliance with such requirement is either impracticable or unreasonable.
- (2) An exemption under paragraph (1) may be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the hovercraft.
- (3) An exemption granted under paragraph (1) may, on the giving of reasonable notice, be altered or cancelled.
- (4) Where an exemption is granted subject to safety requirements under paragraph (2), the exemption ceases to have effect if those requirements are not complied with.
- (5) An exemption granted under paragraph (1), or an alteration or cancellation under paragraph (3), 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.
- (6) The requirement that an exemption granted under paragraph (1), or an alteration or cancellation under paragraph (3), must be in writing is satisfied where the text of the exemption, alteration or cancellation is—
- (a) transmitted by electronic means;
- (b) received in legible form; and
- (c) capable of being used for subsequent reference.
PART 4 — Safe manning and Watchkeeping
General
Application
54
- (1) Subject to paragraph (2), this Part applies to—
- (a) seagoing ships registered in the United Kingdom, wherever they may be; and
- (b) other seagoing ships while in United Kingdom waters.
- (2) This Part does not apply to—
- (a) ships of war and naval auxiliary ships;
- (b) ships owned or operated by a State and engaged only on governmental non-commercial service;
- (c) fishing vessels;
- (d) pleasure vessels; or
- (e) vessels—
- (i) which are small vessels as defined in regulation 3(1) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025; and
- (ii) to which those Regulations apply.
- (3) In this Part, “ship” includes hovercraft.
Safe manning
Safe manning document
55
- (1) This regulation applies to—
- (a) passenger ships engaged on international voyages;
- (b) passenger ships of 500 GT or more engaged on voyages that are not international voyages; and
- (c) ships of 500 GT or more that are not passenger ships.
- (2) A company must ensure that—
- (a) a safe manning document is in force in respect of the ship and the manning of the ship;
- (b) the safe manning document is kept on board the ship at all times; and
- (c) the manning of the ship is maintained at all times to at least the levels specified in the safe manning document.
- (3) The master of a ship to which this regulation applies must ensure that the ship does not proceed to sea unless there is on board a valid safe manning document issued in respect of the ship and the manning of the ship complies with that document.
- (4) A company applying for a safe manning document in respect of a ship that is registered in the United Kingdom must submit to the Secretary of State proposals as to the numbers and grade of seafarer it considers must be carried so that the ship is safely manned if it proceeded to sea on an intended voyage.
- (5) An application for a safe manning document required by this regulation must be in a form specified by the Secretary of State.
- (6) The Secretary of State may issue guidance to companies on safe manning to assist them in preparing proposals under paragraph (4).
- (7) The Secretary of State may issue a safe manning document to a ship that is registered in the United Kingdom if satisfied that—
- (a) the proposals provided pursuant to paragraph (4) meet the requirements of IMO Resolution A.1047(27) (principles of safe manning)30; and
- (b) the prescribed fee has been paid.
- (8) A company must notify the Secretary of State as soon as there is any change in the circumstances which are pertinent to a safe manning document issued by the Secretary of State.
- (9) Upon receipt of notification by a company under paragraph (8), the Secretary of State may review the document’s continuing validity or approve fresh proposals from the company.
Watchkeeping arrangements
Watchkeeping arrangements generally and at sea
56
- (1) The master of a ship must ensure that the watchkeeping arrangements for the ship are at all times adequate for maintaining safe navigational, engineering and radio watches—
- (a) in accordance with STCW Regulation VIII/2, paragraph 2 (watchkeeping arrangements and principles to be observed); and
- (b) taking into account—
- (i) the prevailing circumstances and conditions; and
- (ii) section A-VIII/2 of the STCW Code (watchkeeping arrangements and principles to be observed).
- (2) Without prejudice to the duties of a master provided by paragraph (1), a master must give directions to the deck watchkeeping officers responsible for navigating the ship safely during their periods of duty, in accordance with—
- (a) section A-VIII/2, Part 4-1, of the STCW Code (principles to be observed in keeping a navigational watch); and
- (b) any requirements specified in Merchant Shipping Notice 1868 (M) Amendment 131.
- (3) The chief engineer officer of a ship must ensure that the engineering watchkeeping arrangements for the ship are at all times adequate for maintaining a safe watch, in accordance with—
- (a) section A-VIII/2, Part 4-2, of the STCW Code (principles to be observed in keeping an engineering watch); and
- (b) any requirements specified in Merchant Shipping Notice 1868 (M) Amendment 1.
Watchkeeping arrangements in port
57
- (1) The master of a ship which is safely moored, or safely at anchor under normal circumstances in port, must arrange for an appropriate and effective watch to be maintained for the purposes of safety.
- (2) The arrangements required by paragraph (1) must be in accordance with—
- (a) section A-VIII/2, Part 5, of the STCW Code (watchkeeping in port); and
- (b) any requirements specified in Merchant Shipping Notice 1868 (M) Amendment 1.
Watchkeeping arrangements in port for ships carrying hazardous cargo
58
- (1) The master of a ship which is carrying hazardous cargo and which is in port, even when safely moored or safely at anchor, must, in addition to any watchkeeping arrangements required under regulation 57 (watchkeeping arrangements in port), in the case of—
- (a) a ship carrying hazardous cargo in bulk, ensure that a safe deck watch and safe engineering watch are maintained by the ready availability on board of a duly qualified officer or officers and, where appropriate, ratings; and
- (b) a ship carrying hazardous cargo other than in bulk, ensure that in organising safe watchkeeping arrangements account is taken of the nature, quantity, packing and stowage of the hazardous cargo and of any special conditions on board, afloat and ashore.
- (2) Such watchkeeping arrangements must take account of the principles and requirements specified in Merchant Shipping Notice 1868 (M) Amendment 1.
- (3) In this regulation, “hazardous cargo” means cargo which is or may be explosive, flammable, toxic, health-threatening or polluting to the marine environment.
Exemptions
59
- (1) The Secretary of State may exempt a ship or class of ships from any of the requirements of this Part if satisfied that compliance with such provision is either impracticable or unreasonable.
- (2) An exemption under paragraph (1) may be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the ship.
- (3) An exemption granted under paragraph (1) may, on the giving of reasonable notice, be altered or cancelled.
- (4) Where an exemption is granted subject to safety requirements under paragraph (2), the exemption ceases to have effect if those requirements are not complied with.
- (5) An exemption granted under paragraph (1), or an alteration or cancellation under paragraph (3), 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.
- (6) The requirement that an exemption granted under paragraph (1), or an alteration or cancellation under paragraph (3), must be in writing is satisfied where the text of the exemption, alteration or cancellation is—
- (a) transmitted by electronic means;
- (b) received in legible form; and
- (c) capable of being used for subsequent reference.
PART 5 — General
Application
60
- (1) Subject to paragraphs (2), (3) and (4), this Part applies to—
- (a) seagoing ships that are registered in the United Kingdom, wherever they may be;
- (b) other seagoing ships while in United Kingdom waters.
- (2) This Part does not apply to—
- (a) ships of war and naval auxiliary ships;
- (b) ships owned or operated by a State and engaged only on governmental non-commercial service;
- (c) fishing vessels;
- (d) pleasure vessels which are—
- (i) less than 80 GT; or
- (ii) under 24 metres in length; or
- (e) wooden ships of primitive build.
- (3) Regulation 61 (responsibilities of companies, masters and others) and regulation 63 (equivalents) do not apply to ships that are not registered in the United Kingdom.
- (4) ) Regulation 64 (inspection of ships that are not registered in the United Kingdom) does not apply to ships that are registered in the United Kingdom.
- (5) In this Part, “ship” includes hovercraft.
Responsibilities of companies, masters and others
61
- (1) A company must ensure that—
- (a) a seafarer assigned to any of its ships, other than a hovercraft, holds an appropriate certificate in respect of any function that person performs on that ship;
- (b) a seafarer on any of its ships has had training specified in Part 2 (training and certification: ships) or Part 3 (training and certification: hovercraft) in respect of any function that person performs on that ship; ...
- (ba) the conditions specified in regulation 16C(1) (seafarers on a ship operating or intending to operate in polar waters – replacement with other persons) are complied with when a person replaces a seafarer under that regulation; and
- (c) documentation and data relevant to a seafarer employed on its ships are maintained and readily available for inspection and include, without being limited to, documentation and data on their experience, training, medical fitness and competency in assigned duties.
- (2) Nothing in paragraph (1) prohibits the allocation of tasks for training under supervision or in case of force majeure.
- (3) A company must provide written instructions to the master of each of its ships setting out the policies and the procedures to be followed to ensure that all officers and ratings who are newly employed on board the ship are given a reasonable opportunity to become familiar with the shipboard equipment, operating procedures and other arrangements needed for the proper performance of their duties, before being assigned to those duties.
- (4) The policies and procedures referred to in paragraph (3) include—
- (a) allocation of a reasonable period of time during which each newly employed officer or rating will have an opportunity to become acquainted with—
- (i) the specific equipment the officer or rating will be using or operating; and
- (ii) ship-specific watchkeeping, safety, marine environmental protection and emergency procedures and arrangements the officer or rating needs to know to perform the assigned duties properly; and
- (b) designation of a knowledgeable crew member responsible for ensuring that an opportunity is provided to each newly employed officer or rating to receive essential information in a language the officer or rating understands.
- (5) A master and a member of a crew designated with an obligation under paragraph (4)(b) must carry out that obligation.
Carriage of documents
62
A company and a master must ensure that there are carried at all times on board a ship all original certificates and other documents issued pursuant to—
- (a) Part 2 (training and certification: ships) and Part 3 (training and certification: hovercraft), in the case of a ship that is registered in the United Kingdom; and
- (b) the STCW Convention, in the case of a ship that is not registered in the United Kingdom,
indicating the qualification of any member of the crew to perform functions which they are required to perform on board a ship in the course of their designated duties.
Equivalents
63
- (1) The Secretary of State may approve alternative training arrangements to those required by these Regulations, including those involving seagoing service and shipboard organisation especially adapted to technical developments and to special types of ships and trades, if the Secretary of State is satisfied that the conditions in paragraph (2) are met.
- (2) The conditions are that the level of seagoing service and knowledge and efficiency with regard to the navigational and technical handling of a ship and its cargo result in a degree of safety at sea and preventive effect with regard to pollution which is at least equivalent to the requirements of the STCW Convention.
- (3) An approval given under paragraph (1) may, on the giving of reasonable notice, be continued, altered or cancelled.
- (4) Any approval given under paragraph (1), or a continuation, alteration or cancellation under paragraph (3), 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.
- (5) The requirement that the approval referred to in paragraph (1), or a continuation, alteration or cancellation under paragraph (3), be in writing is satisfied where the text of the approval, continuation, alteration or cancellation is—
- (a) transmitted by electronic means;
- (b) received in legible form; and
- (c) capable of being used for subsequent reference.
Inspection of ships that are not registered in the United Kingdom
64
- (1) An authorised person may inspect any ship that is not a ship registered in the United Kingdom for the purposes of—
- (a) verifying that a seafarer on board the ship who is required to be certificated holds valid STCW certificates; and
- (b) assessing the ability of a seafarer on the ship to maintain the watchkeeping standards required by Part 4 (safe manning and watchkeeping) where there are grounds for believing that such standards are not being maintained because, while in a port in the United Kingdom or in the approaches to that port, any of the following have occurred—
- (i) the ship has been involved in a collision, grounding or stranding;
- (ii) there has been an unlawful discharge of substances from the ship when underway, at anchor or at a berth;
- (iii) the ship has been manoeuvred in an erratic or unsafe manner, or navigational course markers or traffic separation schemes have not been followed; or
- (iv) the ship has otherwise been operated in such a manner as to pose a danger to persons, property or the marine environment.
- (2) If an authorised person finds on inspection any deficiency of a kind specified in paragraph (4), the authorised person must notify in writing—
- (a) the master of the ship; and
- (b) the ship’s flag administration,
that such a deficiency has been found.
- (3) If it is not possible to inform the ship’s flag administration in accordance with paragraph (2), the Secretary of State must inform the Consul of the State of the flag administration, or in the absence of a Consul, the nearest diplomatic representative of the State of the flag administration.
- (4) The deficiencies referred to in paragraph (2) are—
- (a) a failure of a seafarer to hold an STCW certificate, or a valid exemption from that requirement;
- (b) a failure to comply with the safe manning document;
- (c) a failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the competent authority of the country in which the ship is registered;
- (d) an absence on a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution;
- (e) an inability of the master to provide adequately rested persons for the first watch at the commencement of a voyage and for subsequent relieving watches.
- (5) In this regulation—
- “authorised person” means a person authorised by the Secretary of State for the purposes of these Regulations; and
- “STCW Certificate” means a certificate issued and endorsed by the government of the State whose flag the ship is entitled to fly in accordance with the provisions of the STCW Convention entitling the lawful holder to act in the capacity and perform the functions involved— at the level of responsibility specified in the certificate; on a ship of the type, tonnage or power and means of propulsion on which the seafarer is engaged; and while engaged on the particular voyage concerned.
Power to detain
65
- (1) Any ship which does not comply with the requirements of these Regulations may be detained in the United Kingdom.
- (2) A ship that is not registered in the United Kingdom may be detained in the United Kingdom where there is—
- (a) a failure to correct a deficiency of a kind specified in regulation 64(4) (deficiencies on inspection of ships not registered in the United Kingdom) after notification to the master pursuant to regulation 64(2) (notification of deficiencies), and there is in consequence a danger to persons, property or the marine environment; or
- (b) a breach of a term of an exemption which has been granted to the ship.
- (3) Section 284 of the Act (enforcing detention of ship)32 applies where a ship is liable to be detained under this regulation as if—
- (a) references to detention of a ship under the Act were references to detention of the ship in question under this regulation; and
- (b) subsection (7) were omitted.
- (4) Where a ship is liable to be detained under this regulation, the person detaining the ship must serve on the master a detention notice which—
- (a) states the grounds for the detention; and
- (b) requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.
- (5) Subject to paragraph (6), section 96 (references of detention notices to arbitration)33 and section 97 (compensation in connection with invalid detention of a ship) of the Act apply in relation to a detention notice issued pursuant to this regulation as they apply in relation to detention notices issued pursuant to section 95 (power to detain dangerously unsafe ship)34.
- (6) For the purposes of paragraph (5)—
- (a) section 96 of the Act applies as if—
- (i) subsection (3) were omitted;
- (ii) the words “as a dangerously unsafe ship” in subsection (5) were omitted;
- (iii) subsection (11) were omitted; and
- (b) sections 96 and 97 of the Act apply as if “the relevant inspector” means a person issuing the detention notice pursuant to this regulation.
- (7) Subject to paragraph (8), where a ship other than a ship registered in the United Kingdom is detained, the Secretary of State must immediately inform the ship’s flag administration in writing.
- (8) If it is not possible to inform the ship’s flag administration in accordance with paragraph (7), the Secretary of State must inform the Consul of the State of the flag administration, or in the absence of a Consul, the nearest diplomatic representative of the State of the flag administration.
Offences and penalties
66
- (1) A person who contravenes regulation 48(13)(a), (b), (c) or (d) (providing training without approval or holding out as an approved training provider etc.), is guilty of an offence, punishable—
- (a) on summary conviction—
- (i) in England and Wales by a fine; or
- (ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or
- (b) on conviction on indictment by a fine.
- (2) An owner who contravenes regulation 51(3) (duty of owner in relation to type rating training for hovercraft) is guilty of an offence, punishable—
- (a) on summary conviction—
- (i) in England and Wales by a fine; or
- (ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or
- (b) on conviction on indictment by a fine.
- (3) A company which contravenes regulation 55(2) (requirement for safe manning document), 61(1) or (3) (responsibilities of companies) or 62 (carriage of documents) is guilty of an offence, punishable—
- (a) on summary conviction—
- (i) in England and Wales by a fine; or
- (ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or
- (b) on conviction on indictment by a fine or, in the case of an individual, by imprisonment not exceeding six months, or both.
- (4) A master who contravenes regulation 55(3) (requirement for safe manning document), 56(1) or (2) (watchkeeping arrangements generally and at sea), 57 (watchkeeping arrangements in port), 58 (watchkeeping arrangements in port for ships carrying hazardous cargo), 61(5) (responsibilities of masters) or 62 (carriage of documents) is guilty of an offence, punishable—
- (a) on summary conviction—
- (i) in England and Wales by a fine; or
- (ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or
- (b) on conviction on indictment by a fine or by imprisonment not exceeding six months, or both.
- (5) A member of the crew who contravenes regulation 61(5) (responsibilities of other crew) is guilty of an offence, punishable on summary conviction—
- (a) in England and Wales by a fine; or
- (b) in Scotland or Northern Ireland by a fine not exceeding level 3 on the standard scale.
- (6) A chief engineer who contravenes regulation 56(3) (watchkeeping arrangements generally and at sea) is guilty of an offence, punishable on summary conviction—
- (a) in England and Wales by a fine; or
- (b) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum.
- (7) It is a defence for a person charged with an offence under these Regulations that the person took all reasonable steps to avoid commission of the offence.
- (8) In any proceedings for an offence under these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it is for the person charged to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.
Transitional and saving provisions
67
- (1) Any certificate referred to in paragraph (2) issued to a seafarer or any endorsement of a certificate of competency under the 2015 Regulations before the coming into force of these Regulations is to be treated as if issued or endorsed under these Regulations and is valid for such period as is specified in the certificate.
- (2) The certificates referred to in paragraph (1) are—
- (a) a certificate of competency;
- (b) a certificate of equivalent competency;
- (c) a certificate of proficiency;
- (d) a marine engine operator’s licence issued under regulation 7(2)(b) of the 2015 Regulations; or
- (e) a certificate issued pursuant to regulation 23(4) (seafarers on a high speed craft – type rating training) or regulation 42(4) (hovercraft personnel – type rating training) of the 2015 Regulations.
- (3) Any certificate recognised by the Secretary of State under regulation 32 (recognition of a certificate issued by an EEA State) or regulation 33 (recognition of a certificate issued by a third party State) of the 2015 Regulations, is to be treated as a recognition under regulation 36 (recognition of a certificate issued by an EEA State) or regulation 37 (recognition of a certificate issued by a third party State) of these Regulations.
- (4) Any party recognised by the Secretary of State under regulation 33A of the 2015 Regulations (recognition of a party to the STCW Convention on or after IP completion day) is to be treated as a recognition under regulation 38 (recognition of a party to the STCW Convention) of these Regulations.
- (5) Any approval of a person given under regulation 41 of the 2015 Regulations (provision and quality of training) is to be treated as an approval given under regulation 48 (approval of training providers) of these Regulations.
- (6) Any documentary evidence provided to a person pursuant to regulation 41(2) (provision and quality of training) or 42(3) (training of hovercraft personnel) of the 2015 Regulations is to be treated as documentary evidence provided under regulation 26(3) (seafarers on a high speed craft), regulation 49(2) (issue of documentary evidence by an approved training provider) or regulation 51(4) (hovercraft personnel) of these Regulations.
- (7) For the purposes of this regulation, “the 2015 Regulations” means the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 201535.
Review
68
- (1) The Secretary of State must from time to time—
- (a) carry out a review of the regulatory provision contained in these Regulations; and
- (b) publish a report setting out the conclusions of the review.
- (2) The first report must be published before the end of the period of five years beginning with the date on which these Regulations come into force.
- (3) Subsequent reports must be published at intervals not exceeding five years.
- (4) Section 30(3) of the Small Business, Enterprise and Employment Act 201536 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under the STCW Convention are implemented in other countries which are subject to the obligations.
- (5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—
- (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);
- (b) assess the extent to which those objectives are achieved;
- (c) assess whether those objectives remain appropriate; and
- (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
- (6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
SCHEDULE 1
PART 1 — Amendments
Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998
1
The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 199837 are amended as follows.
2
In the Schedule, in the table—
- (a) omit the entry for the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015;
- (b) at the end–
- (i) in the first column, insert “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”;
- (ii) in the second column, insert “2022/1342”; and
- (iii) in the third column, insert “None”.
Merchant Shipping (Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998
3
The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 199838 are amended as follows.
4
In Schedule 1 (large vessels), in the table—
- (a) omit the entry for the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015;
- (b) at the end–
- (i) in the first column, insert “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”;
- (ii) in the second column, insert “2022/1342”; and
- (iii) in the third column, insert “None”.
5
In Schedule 2 (small vessels), in the table—
- (a) omit the entry for the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015;
- (b) at the end–
- (i) in the first column, insert “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”;
- (ii) in the second column, insert “2022/1342”; and
- (iii) in the third column, insert “None”.
Social Security (Contributions) Regulations 2001
6
The Social Security (Contributions) Regulations 200139 are amended as follows.
7
In regulation 114 (application to employment in connection with continental shelf etc.)—
- (a) in paragraph (5)(c), for “regulation 46(1)(c) of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015” substitute “regulation 55(2)(c) of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”;
- (b) in Table 1, in Column (B)—
- (i) for “regulation 6”, in each place it occurs, substitute “regulation 7”;
- (ii) for “regulation 14”, substitute “regulation 17”;
- (iii) for “regulation 15”, substitute “regulation 18”;
- (c) in paragraph (6), for “the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015” substitute “the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”.
Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013
8
The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 201340 are amended as follows.
9
In the Schedule, in the table, for “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015”, in both places, substitute “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”.
Merchant Shipping (Fees) Regulations 2018
10
The Merchant Shipping (Fees) Regulations 201841 are amended as follows.
11
In Schedule 1 (fees under the Merchant Shipping Act 1995)—
- (a) in Part 1 (surveys, inspections and applications for exemption)—
- (i) in paragraph 2(1), at the end of paragraph (g), insert—
- ;an inspection for the purposes of an approval under regulation 48(2), or an extension of an approval under regulation 48(5), of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022
- (ii) in the table in paragraph 5, in Section K (manning and certification), for the entry for “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015” substitute—
- (aa) in the first column, “The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022”;
- (bb) in the second column, “2022/1342”;
- (cc) in the third column, “None”;
- (iii) in the table in paragraph 5, in Section L (survey and certification), for the entry for “the Merchant Shipping (Polar Code) (Safety) Regulations 2021”42, in the third column insert “2022/1342”;
- (b) in Part 2 (certificates and examinations for officers)—
- (i) in paragraph 1, for sub-paragraph (b), substitute—
(b) the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022
- (ii) in paragraph 2, in the Table of fees, for items 8 and 9 substitute—
| 8 | An application for a Certificate of Proficiency, except under regulations 19 and 20 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 | £34 |
|---|---|---|
| 9 | A revalidation of a Certificate of Proficiency, except under regulations 19 and 20 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022; | £54 |
- (c) in Part 3 (certificates of equivalent competency)—
- (i) in paragraph 3, for sub-paragraph (b) substitute—
(b) the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022
- (ii) in paragraph 4, in the Table of fees, in item 9, for the words in the second column substitute “A revalidation of a Certificate of Equivalent Competency”;
- (d) in Part 4 (table of miscellaneous qualifications), in the table of fees—
- (i) for item 1, substitute—
| 1 | An examination for a licence as marine engine operator or senior marine engine operator under regulation 8 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022; | £215 |
|---|---|---|
- (ii) for item 3, substitute—
| 3 | An application for a certificate of proficiency as an able seafarer deck under regulation 19, or an able seafarer engine under regulation 20 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022; | £34 |
|---|---|---|
- (iii) for item 7, substitute—
| 7 | An application for a Watch Rating Certificate under regulation 17 or 18 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022; | £57 |
|---|---|---|
- (e) for the heading to Part 6 (safe manning certificates), substitute “Safe Manning Documents”;
- (f) in Part 6—
- (i) for the unnumbered paragraph, substitute—
- In this Part, references to “safe manning documents” are to the documents referred to in regulation 55 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022.
- (ii) in the Table of fees—
- (aa) for “safe manning certificate”, in each place it occurs, substitute “safe manning document”;
- (bb) in item 2, for “certificate” substitute “safe manning document”.
The Merchant Shipping (Polar Code) (Safety) Regulations 2021
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PART 2 — Revocations
| Regulations revoked | References | Extent of revocation |
|---|---|---|
| The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 | S.I. 2015/782 | The whole Regulations |
| The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 | S.I. 2018/68 | Paragraph 5 in Part 1 of the Schedule |
| The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 | S.I. 2019/630 | The whole Regulations |
SCHEDULE 2 — Categories of certificates of competency and criteria for issue
| (1) Categories and capacity | (2) STCW Regulation in which the requirements for the issue of a certificate of competency are contained |
|---|---|
| Master and deck department | Master and deck department |
| Officer in charge of a navigational watch on any ship on voyages not limited to near-coastal voyages | Regulation II/1, paragraph 2 |
| Master or chief mate on a ship of 3000 GT or more | Regulation II/2, paragraph 2 |
| Master on a ship of between 500 GT and 2999 GT not engaged on near-coastal voyages | Regulation II/2, paragraph 4 |
| Chief mate on a ship of between 500 GT and 2999 GT | Regulation II/2, paragraph 4 |
| Officer in charge of a navigational watch on a ship of less than 500 GT engaged on near-coastal voyages | Regulation II/3, paragraph 4 |
| Master on a ship of less than 500 GT engaged on near-coastal voyages | Regulation II/3, paragraph 6 |
| Engine department | Engine department |
| Officer in charge of an engineering watch in a manned engine-room, or designated duty engineer officer in a periodically unmanned engine-room, on a ship powered by main propulsion machinery of 750 kilowatts propulsion power or more | Regulation III/1, paragraph 2 |
| Chief engineer officer or second engineer officer on a ship powered by main propulsion machinery of 3000 kilowatts propulsion power or more | Regulation III/2, paragraph 2 |
| Chief engineer officer and second engineer officer on a ship powered by main propulsion machinery of between 750 and 3000 kilowatts propulsion power | Regulation III/3, paragraph 2 |
| Electro-technical officer on a ship powered by main propulsion machinery of 750 kilowatts propulsion power or more | Regulation III/6, paragraph 2 |
For the purposes of this Schedule, “near-coastal voyage” means a voyage during which the ship is not more than 150 nautical miles from a safe haven in the United Kingdom, or not more than 30 nautical miles from a safe haven in the Republic of Ireland.
Signed
Signed by authority of the Secretary of State for Transport
Vere — Parliamentary Under Secretary of State — Department for Transport — 19th December 2022
We consent to the making of these Regulations
Steve Double — Nigel Huddleston — Two of the Lords Commissioners of His Majesty’s Treasury — 14th December 2022
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations give effect to the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (“the STCW Convention”) that were previously implemented by the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 (S.I. 2015/782) (“the 2015 Regulations”) and implement amendments to the STCW Convention. The 2015 Regulations are revoked and replaced by these Regulations. The amendments to the STCW Convention relate to seafarers on ships subject to the International Code of Safety for Ships Using Gases or Other Low-Flashpoint Fuels (“the IGF Code”) (regulations 15 and 16) and passenger ships (regulation 25) and are contained in IMO Resolutions MSC.396(95), MSC.397(95), MSC.416(97) and MSC.417(97).
The Regulations specify mandatory standards of competence, and training and certification requirements for seafarers on board merchant ships and make provision to ensure the safe manning of ships in UK waters.
Part 2 contains the training and certification requirements for seafarers on seagoing ships registered in the United Kingdom, except for fishing vessels, small pleasure vessels and wooden ships of primitive build.
Regulation 6 provides that no person is qualified for the purposes of section 47 of the Merchant Shipping Act 1995 (c. 21) unless that person meets the standards of competence provided for in Part 2. Section 52 of the Act makes it an offence for an unqualified person to go to sea.
Regulation 7 and Schedule 2 specify the type of certificate that must be held by an officer and refer to the applicable competency requirements.
Regulations 8 to 26, 28 and 29 impose competency and proficiency requirements in relation to seafarers performing specified roles on certain types of ship.
Regulation 27 imposes basic training requirements applying to all seafarers.
Regulation 30 requires minimum training and competency with regard to security in the case of a seafarer on board a ship that makes international voyages.
Regulations 31 to 34 relate to the method of application for, and the form of, a certificate or an endorsement. Regulation 35 describes the circumstances in which an exemption may be granted.
Regulations 36 to 40 concern recognition by the Secretary of State of certificates issued by EEA States and other States that are parties to the STCW Convention.
Regulations 41 to 43 relate to matters of validity of certificates, including revalidation and refresher training.
Regulations 44 to 47 relate to the suspension and cancellation of certificates, appeals and miscellaneous matters relating to certificates.
Regulations 48 to 50 make provision for the approval of providers of training required by the STCW Convention.
Part 3 applies to seafarers on hovercraft registered in the United Kingdom and imposes on owners training and certification requirements for seafarers which are similar to those that apply under Part 2 to owners and managers of high-speed ships.
Part 4 makes provision with regard to the safe manning of ships and watchkeeping and, subject to limited exceptions (fishing vessels, pleasure vessels and vessels in commercial use for sport or pleasure), applies to all seagoing ships registered in the United Kingdom and all other seagoing ships in United Kingdom waters, including hovercraft.
Part 5 makes general provision. Regulation 61 imposes duties on owners and others responsible for the operation of ships registered in the United Kingdom (which includes hovercraft) in relation to the certification and training of the seafarers working on their ships and regulation 62 requires all ships to carry the certificates indicating the applicable qualifications of seafarers on board. Regulation 63 makes provision for equivalence, regulations 64 to 66 make provision for enforcement and regulation 67 contains transitional and saving provisions.
Regulation 68 requires the Secretary of State to review the operation and effect of these Regulations and publish a report before the end of the period of five years beginning with the date on which these Regulations come into force and at intervals not exceeding five years after that. Following a review, it will fall to the Secretary of State to consider whether the Regulations should remain as they are or be amended or revoked. A further instrument would be needed to amend or revoke the Regulations.
Future amendments to provisions of the STCW Convention, the Seafarers’ Training, Certification and Watchkeeping Code (“the STCW Code”), the International Convention for the Safety of Life at Sea, 1974 (“SOLAS”), the Radio Regulations annexed to, or regarded as being annexed to, the Constitution and Convention of the International Telecommunication Union, 1992 (“the Radio Regulations”), the International Code of Safety for High Speed Craft 2000 (“the High Speed Craft Code”), the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (“the IBC Code”), the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (“the IGC Code”), the IGF Code and the International Ship and Port Facility Code (“the ISPS Code”) will be automatically incorporated into these Regulations by way of the ambulatory reference provision in regulation 4.
The STCW Convention, the STCW Code, SOLAS, the Radio Regulations, the High Speed Craft Code, the IBC Code, the IGC Code, the IGF Code and the ISPS Code may be obtained in copy from the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, and all are available on the Foreign, Commonwealth and Development Office (FCDO) treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch). The text of the IMO Resolutions amending the Convention and Protocol may be obtained from the IMO or can be found on the FCDO treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/).
Future amendments to the STCW Convention, the STCW Code, SOLAS, the Radio Regulations, the High Speed Craft Code, the IBC Code, the IGC Code, the IGF Code and the ISPS Code which are automatically incorporated into these Regulations, may be obtained in copy from the IMO and, after coming into force in the United Kingdom, found on the FCDO treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch). Until such publication is made on the FCDO treaties database, an amendment will be available from the Maritime and Coastguard Agency (MCA) and on https://www.gov.uk. An amendment will be publicised in advance of its in-force date by means of a Ministerial Statement to both Houses of Parliament and by way of a Marine Guidance Note, which will be available in copy from the MCA and on https://www.gov.uk.
All Merchant Shipping Notices referred to in these Regulations are available at https://www.gov.uk/government/collections/merchant-shipping-notices-msns and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk).
A full impact assessment has not been produced for this instrument as the Regulations relate to the updating and maintenance of existing regulatory standards and no, or no significant, impact on the private, voluntary or public sector is foreseen.
An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.
Footnotes
1995 c. 21. Subsections (4A) and (4B) of section 47 were inserted by section 10 of the Marine Navigation Act 2013 (c. 23). Sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), sections 8 and 29(2) and Schedule 7. Section 85 was amended by the British Overseas Territories Act 2002 (c. 8), section 2(3). Section 306A was inserted by the Deregulation Act 2015 (c. 20), section 106. There are other amendments but none is relevant. Sections 47, 85 and 86 are applied to hovercraft by the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350).
S.I. 1996/282. Article 2 was amended by the Marine and Coastal Access Act 2009 (c. 23), Schedule 4, Part 1, paragraph 3 and S.I. 2022/844. There is another amendment which is not relevant. Article 2 is applied to hovercraft by the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350).
2018 c. 16. Paragraph 13 of Schedule 8 was amended by the European Union (Withdrawal Agreement) Act 2020 (c. 1), Schedule 5, paragraph 54(8) and the European Union (Future Relationship) Act 2020 (c. 29) Schedule 6, paragraph 8. There are other amendments but none is relevant.
OJ L 323, 3.12.2008, p. 33, amended by Directive 2012/35/EU of 21 November 2012 (OJ L 343, 14.12.2012, p. 78) and Directive (EU) 2019/1159 of 20 June 2019 (OJ L 188, 12.7.2019, p. 94).
Merchant Shipping Notice 1676 (M) Amendment 1 can be found at https://www.gov.uk/government/publications/msn-1676-amendment-1-merchant-shipping-life-saving-appliances-regulations and in hard copy from the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk) and on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency.
S.I. 1997/1510, amended by S.I. 2020/362. There are other amending instruments but none is relevant.
Chapter X in the Annex to SOLAS (see the footnote to the definition of SOLAS in this regulation) was adopted by International Maritime Organization (IMO) Resolution MSC.36(63) on 24th May 1994 and came into force on 1st January 1996.Chapter X has been amended by IMO Resolution MSC.99(73) (Cm 6001).The amendment to Chapter X is available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/).
The High Speed Craft Code, 2000 was adopted by International Maritime Organization (IMO) Resolution MSC.97(73) on 5th December 2000 and came into force on 1st July 2002. The Code was made mandatory by way of amendments to Chapter X of SOLAS (High-Speed Craft) made by Resolution MSC.99(73). The Code has been amended by IMO Resolutions MSC.175(79), MSC.222(82), MSC.260(84), MSC.271(85), MSC.326(90), MSC.352(92), MSC.424(98) and MSC.439(99). The amendments to the Code are available from the IMO of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch). See the footnote to the definition of “SOLAS” for further information on SOLAS.
The IBC Code was adopted by IMO Resolution MSC.4(48) on 17th June 1983 and in accordance with IMO Resolution 6(48) came into force on 1st July 1986. The Code was replaced in full by IMO Resolutions MSC.176(79) and MEPC.119(52), adopted on 10th December 2004 and 15th October 2004 respectively, and which came into force on 1st January 2007. The current version of the Code has been amended by IMO Resolutions MEPC.166(56), MSC.219(82), MEPC.225(64), MSC.340(91), MEPC.250(66), MSC.369(93), MEPC.302(72) and MSC.440(99). The Code and amendments to it are available from the IMO of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database ( https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch).
The IGC Code was adopted by IMO Resolution MSC.5(48) on 17th June 1983 and in accordance with IMO Resolution 6(48) came into force on 1st July 1986. The Code was replaced in full by IMO Resolution MSC.370(93) which was adopted on 22nd May 2014 and came into force on 1st July 2016. The current version of the Code has been amended by IMO Resolutions MSC.93/22/Add.1/Corr.3 and MSC.93/22/Add.1/Corr.5. The Code and amendments to it are available from the IMO of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch).
The International Code of Safety for Ships Using Gases or Other Low-Flashpoint Fuels (IGF Code) was adopted by IMO Resolution MSC.391(95) on 11th June 2015 and made mandatory by MSC.392(95). It came into force on 1 January 2017. The Code was corrected by MSC 95/22/Add.1/Corr.1 and amended by IMO Resolution MSC.422(98). The Code and amendments to it are available from the IMO of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch).
The ISPS Code was adopted by resolution 2 of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea, 1974 on 12th December 2002 and amended by IMO Resolution 196(80). The Code and amendments to it can be obtained from the IMO of 4 Albert Embankment, London SE1 7SR, or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch).
S.I. 2018/68, amended by S.I. 2020/496 and S.I. 2021/818. There are other amending instruments but none is relevant.
The prescribed fee relevant to each individual requirement is found in the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104).
The Radio Regulations are made at a World Radio-communication Conference in accordance with Article 13 of the Convention of the International Telecommunication Union; the existing Radio Regulations were published in 2016 and found on the International Telecommunications Union website at https://www.itu.int/pub/R-REG-RR-2016. Chapter IX of the Radio Regulations contains provision governing maritime services; Article 47 contains provision in relation to operators’ certificates.
Cm 3145. The Constitution and Convention and their amendments may be found on the International Telecommunications Union website at https://www.itu.int/en/history/Pages/ConstitutionAndConvention.aspx or found on the Foreign, Commonwealth and Development Office treaties database ( https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/#search/v=full,c=1,q=qs%3D%5BConstitution%20and%20Convention%20of%20the%20International%20Telecommunication%20Union%2C%201992%5D%2CqueryType%3D%5B64%5D,sm=s,l=library2_lib). The Constitution and Convention were amended in 1994 (Cm 3779) (http://foto.archivalware.co.uk/data/Library2/pdf/1997-TS0065.pdf), 1998 (Cm 9512), 2002 (Cm 9513), 2006 (Cm 9514) and 2010 (Cm 9515).
Merchant Shipping Notice 1837 (M) Amendment 2 is available at https://www.gov.uk/government/publications/msn-1837-m-amendment-2-categorisation-of-waters and in hard copy from the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk) and on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency.
Cmnd 7874. SOLAS may be obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=79786). The Convention was modified by its Protocol of 1978 (Cmnd 8277) (https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=68013), which was replaced and abrogated by the Protocol of 1988 (Cm 5044) (https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=69573) with respect to the parties to the 1988 Protocol. The amendments to SOLAS are available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch). Hard copies of the Command Papers are available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW. The Parliamentary Archives catalogue numbers for the Command Papers are HL/PO/JO/10/11/2031/2878 (Cmnd 7874), HL/PO/JO/10/11/1959/2032 (Cmnd 8277) and HL/PO/JO/10/11/3156/2280 (Cm 5044).
The STCW Code contains mandatory provisions in Part A of the Code and guidance in Part B. The Code was replaced in full in 2010 following a conference of the parties to the STCW Convention held in Manila, the Philippines (“the Manila Conference”). The Code has since been amended by IMO Resolutions MSC.374(93), MSC.397(95), MSC.417(97). The guidance in Part B of the Code has been amended by MSC.455(100) and MSC.478(102). The STCW Code and the amendments to it are available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch). Hard copies of the Command Papers are available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW.
Cmnd 7543. The Annex to the STCW Convention was replaced in full in 2010 following the Manila Conference. The Convention has since been amended by IMO Resolutions MSC.373(93), MSC.396(95) and MSC.416(97). The STCW Convention and the amendments to it are available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch). Hard copies of the Command Papers are available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW.
Merchant Shipping Notice 1857 (M+F) Amendment 1, Merchant Shipping Notice 1859 (M+F) Amendment 1 and Merchant Shipping Notice 1904 (M+F) 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 020 3817 2000 and email infoline@mcga.gov.uk) and on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency.
Merchant Shipping Notice 1740 (M) can be found at https://www.gov.uk/government/publications/msn-1740-training-and-certification-of-officers-and-crew-on-high-speed-craft and in hard copy from the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk) and on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency.
S.I. 2010/737, amended by S.I. 2014/1614 and S.I. 2018/242.
Merchant Shipping Notice 1861 (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 020 3817 2000 and email infoline@mcga.gov.uk) and on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency.
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 020 3817 2000 and email infoline@mcga.gov.uk) and on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency.
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.
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.
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.
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.
IMO Resolution A.1047(27) was adopted on 30th November 2011 and is available from the IMO of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch).
Merchant Shipping Notice 1868 (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 020 3817 2000 and email infoline@mcga.gov.uk) and on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency.
Section 284 was amended by Schedule 1 to the Merchant Shipping and Maritime Security Act 1997 (c. 28) and S.I. 2015/664.
Section 96(7) was amended by Part 1 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) and by Schedule 11 to the Constitutional Reform Act 2005 (c. 4). Section 96(10) was repealed by Schedule 4 to the Arbitration Act 1996 (c. 23).
Section 95 was amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), Schedule 1, paragraph 2.
S.I. 2015/782, amended by S.I. 2018/68 and S.I. 2019/630 and revoked by these Regulations.
2015 c. 26. Section 30(3) was amended by section 19 of the Enterprise Act 2016 (c. 12) and Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16). There is another Act which amends section 28 but it is not relevant.
S.I. 1998/1609, amended by S.I. 2016/354 and S.I. 2020/673. There are other amending instruments but none is relevant.
S.I. 1998/2771, amended by S.I. 2016/353, S.I. 2020/673 and S.I. 2021/1316. There are other amending instruments but none is relevant.
S.I. 2001/1004, amended by S.I. 2014/572 and S.I. 2016/1067. There are other amending instruments but none is relevant.
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