The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/1342 |
| Year | 2022 |
2022 No. 1342
Merchant ShippingSafety
The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022
Made 19th December 2022
Coming into force 10th January 2023
The Secretary of State is satisfied, for the purposes of section 47(2) of the Merchant Shipping Act 19951, that it is necessary or expedient, in the interests of safety to make Regulations in so far as they require ships to carry qualified seamen.
The Secretary of State, after consulting the persons referred to in sections 86(4) and 306(4) of the Merchant Shipping Act 1995, and in exercise of the powers conferred by sections 47(1), (3), (4), (4A) and (4B), 85(1), (3), (5) to (7), 86(1)(a), (b), (c) and (d), 302(1), 306A and 307 of that Act, and article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 19962, and with the consent of the Treasury, makes the following Regulations.
In accordance with paragraph 13(1) of Schedule 8 to the European Union (Withdrawal) Act 20183, a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.
PART 1
Preliminary
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 and come into force on the 22nd day after the day on which they are made.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Amendments and revocations
2.—(1) The amendments listed in Part 1 of Schedule 1 have effect.
(2) The regulations listed in the first column of the Table in Part 2 of Schedule 1 are revoked to the extent specified in the third column of that Table.
Interpretation
3. In these Regulations—
“the Act” means the Merchant Shipping Act 1995;
“appropriate certificate” means a certificate issued and endorsed in accordance with the provisions of Part 2 and entitling the lawful holder to act in the capacity and perform the functions involved—
(a) at the level of responsibility specified;
(b) on a ship of the type, tonnage or power and means of propulsion indicated; and
(c) while engaged on the particular type of voyage concerned;
“approved training provider” means a person approved by the Secretary of State under regulation 48 (approval of training providers);
“certificate of competency” means, except in regulation 36 (recognition of a certificate issued by an EEA State), 37 (recognition of a certificate issued by a third party State) or 38 (recognition of a party to the STCW Convention), an appropriate certificate issued by the Secretary of State for the purposes of regulation 7 (qualification as an officer) or 9 (radiocommunication and radio personnel on a GMDSS ship), other than a certificate of equivalent competency, and in regulations 36, 37 and 38 “certificate of competency” means a certificate issued and endorsed for masters, officers and GMDSS radio operators in accordance with the provisions of chapters II, III, IV or VII in the Annex to the STCW Convention;
“certificate of equivalent competency” means an endorsement in the form of a separate document entitled “certificate of equivalent competency” issued by the Secretary of State in accordance with regulation 36, 37 or 38 to a master, officer or radio operator who holds a certificate of competency issued by or under the authority of another party to the STCW Convention, and for this purpose “certificate of competency” has the meaning given to it for the purposes of regulations 36, 37 and 38;
“certificate of proficiency” means a certificate, other than a certificate of competency or a certificate of equivalent competency, issued to a seafarer, stating that the relevant requirements of training, competencies or seagoing service under the STCW Convention have been met;
“certificate of proficiency in training for tanker cargo operations” means a certificate of proficiency issued in accordance with the provisions of STCW Regulations V/1-1 (mandatory minimum requirements for the training and qualifications of masters, officers and ratings on oil and chemical tankers) and V/1-2 (mandatory minimum requirements for the training and qualifications of masters, officers and ratings on liquefied gas tankers) in basic or advanced training for—
(a) oil tanker cargo operations;
(b) chemical tanker cargo operations; or
(c) liquefied gas tanker cargo operations;
“chemical tanker” means a ship constructed or adapted and used for the carriage in bulk of any liquid product listed in chapter 17 of the IBC Code;
“chief engineer officer” means the senior engineer officer responsible for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the ship;
“chief mate” means the officer next in rank to the master and upon whom the command of the ship will fall in the event of the incapacity of the master;
“company” means, in relation to a ship or hovercraft, the owner of the ship or hovercraft, or any other person such as the manager or the bareboat charterer, who has assumed the responsibility for the operation of the ship or hovercraft from the owner and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed on the company by the STCW Convention;
“constructed” means, in relation to a ship or a hovercraft, when the keel of the ship is laid or that the ship or hovercraft is at a similar stage of construction;
“Directive” means Directive 2008/106/ECof the European Parliament and of the Council of 19th November 2008 on the minimum level of training of seafarers4;
“documentary evidence” means documentation, other than a certificate of competency or certificate of proficiency, used to establish that the relevant requirements of the STCW Convention or the High Speed Craft Code have been met;
“EEA State” means a State, other than the United Kingdom, which was an EEA State immediately before IP completion day;
“electro-technical officer” means an officer designated as such and qualified in accordance with the provisions of STCW Regulation III/6 (mandatory minimum requirements for certification of electro-technical officers);
“engineer officer” means an officer qualified in accordance with the provisions of STCW Regulations III/1, III/2 or III/3 (mandatory minimum requirements for certification of chief engineer officers and second engineer officers etc.);
“fast rescue boat” means a rescue boat complying with the requirements of Part 10 of Schedule 2 to Merchant Shipping Notice 1676 (M) Amendment 15;
“fishing vessel” means a ship used for catching fish, whales, seals, walrus or other living resources of the sea;
“flag administration” means, in relation to a ship or hovercraft, the administration of the State whose flag the ship or hovercraft is entitled to fly;
“GMDSS” means Global Maritime Distress and Safety System;
“GMDSS radio operator” means a person who is qualified in accordance with the provisions of STCW Regulations IV/1 and IV/2 (application and mandatory minimum requirements for certification of GMDSS radio operators);
“GT” means gross tonnage as determined in accordance with regulation 6 (gross tonnage) or 12(1) (continuing use of previous gross tonnage) of the Merchant Shipping (Tonnage) Regulations 19976;
“high speed craft” has the same meaning as in regulation 1.3 of Chapter X in the Annex to SOLAS7;
“High Speed Craft Code” means the International Code of Safety for High Speed Craft 20008;
“IBC Code” means the International Bulk Chemical Code as defined in regulation 8.1 of Chapter VII in the Annex to SOLAS9;
“IGC Code” means the International Gas Carrier Code as defined in regulation 11.1 of Chapter VII in the Annex to SOLAS10;
“IGF Code” has the same meaning as in regulation 2.28 of Chapter II-1 in the Annex to SOLAS11;
“international voyage” means a voyage between—
(a) a port in the United Kingdom and a port outside the United Kingdom; or
(b) a port in an STCW Convention country, other than the United Kingdom, and a port in any other country or territory, whether an STCW Convention country or not, which is outside the United Kingdom,
and, for the purposes of paragraph (b), “STCW Convention country” means a country or territory which is either a country the government of which is a party to the STCW Convention or a territory to which the STCW Convention extends whether or not it is subject to the amendments to, or reservations in respect of, the STCW Convention;
“ISPS Code” means the International Ship and Port Facility Security Code as defined in regulation 1.1.12 of Chapter XI-2 in the Annex to SOLAS12;
“length” has the same meaning as in regulation 2(1) of the Merchant Shipping (Tonnage) Regulations 1997;
“liquefied gas tanker” means a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in chapter 19 of the IGC Code;
“Merchant Shipping Notice” means a notice described as such and issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and includes a reference to any document amending or replacing that notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“oil” means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products, other than oil-like substances which are subject to the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 201813;
“oil tanker” means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier when it is carrying a cargo or part cargo of oil in bulk, and “combination carrier” means a ship designed to carry oil or alternatively solid bulk cargo;
“passenger” means a...
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