UK Offence Report

The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 (revoked)

UK Statutory Instrument 2015 No. 782 — creates 5 criminal offences.

5offences created
0recorded in force
0revoked
Made
23 March 2015
In force from
9 June 2015
Extent
Not stated
Subject
Transport: maritime, aviation, rail and harbours
Made under
European Communities Act 1972, Merchant Shipping Act 1995

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations give effect to requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, most recently at Manila on 25th June 2010 (“the STCW Convention”). The Regulations implement in part Directive 2012/35/EU (O.J. L343, 14.12.2012, p78), which amended Directive 2008/10/EC on the minimum level of training of seafarers (O.J. L323, 3.12.2008, p33). The Regulations specify mandatory standards of competence and training and certification requirements for seafarers serving on board merchant ships. They impose duties on owners and others responsible for the operation of ships in relation to the certification and training of the seafarers working on their ships and also make provision to ensure the safe manning of vessels in UK waters. Part 1 introduces the first two Schedules which revoke the statutory instruments that are consolidated by these Regulations and make consequential amendments. The revoked instruments are the Merchant Shipping (Certificates of Competency as AB) Regulations 1970, the Merchant Shipping (Training and Certification) Regulations 1997, the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 and related (amending) regulations. Part 2 and Schedule 3 make provision concerning the training and certification of seafarers serving on board sea-going ships registered in the United Kingdom, with certain exceptions principally fishing vessels and certain pleasure vessels. Regulation 5 provides that no person is qualified for the purposes of section 47 of the Merchant Shipping Act 1995 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 6 and Schedule 3 specify the type of certificate that must be held by an officer and refer to the applicable competency requirements. Regulations 7 to 23, 25 and 26 impose competency and proficiency requirements in relation to seafarers performing specified roles on certain types of ship. Regulation 24 imposes basic training requirements applying to all seafarers. Regulation 27 requires minimum training and competency with regard to safety in the case of a seafarer serving on board a ship that makes international voyages. Regulations 28 to 30 relate to the method of application for, and the form of, a certificate or an endorsement. Regulation 31 describes the circumstances in which an exemption may be granted. Regulations 32 and 33 concern recognition by the Secretary of State of certificates issued by EEA States and other States that are a party to the STCW Convention. Regulations 34 to 41 relate to validity, cancellation, loss and registration of certificates and endorsements, to refresher training and quality of training. Part 3 imposes on owners of hovercraft training and certification requirements 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. Part 5 concerns enforcement matters. Part 6 contains transitional provisions that apply to certificates and endorsements issued under the regulatory provisions that are being revoked and to training commenced before 1st July 2013. Part 7 requires the Secretary of State to review the operation and effects of these Regulations. Copies of the STCW Convention and its annexes and amendments, including the STCW Code, the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, the International Ship and Port Facility (ISPS) Code and the International Maritime Dangerous Goods Code can be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR, www.imo.org/publications. Merchant Shipping Notices are published by the Maritime and Coastguard Agency (an executive agency of the Department for Transport). Copies may be accessed via the MCA’s website, www.gov.uk/government/organisations/maritime-and-coastguard-agency, which also has details of any amendments or replacements. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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