The Merchant Shipping (Local Passenger Vessels)(Masters' Licences and Hours, Manning and Training) Regulations 1993

Licence applications, standards and conditions

5.—(1) An application for a licence under this Part shall be made in such form as the Secretary of State may from time to time specify.

(2) Subject to paragraphs (3) and (4) below—

(a) the standards of competence to be attained and the conditions (including conditions as to medical fitness) to be satisfied by a person in order for a licence to be issued to him under this Part;

(b) any exceptions applicable with respect to any such standards or conditions;

(c) the manner in which the attainment of any such standards or the satisfaction of any such conditions is to be evidenced; and

(d) the conduct of any examinations and the conditions of admission to them;

shall be such as may from time to time be specified by the Secretary of State in a Merchant Shipping Notice, either in relation to licences under this Part in general or to licences under this Part of a particular grade as may be so specified.

(3) Notwithstanding that an applicant for a licence under this Part complies with the standards and satisfies the conditions specified by the Secretary of State, the Secretary of State shall not issue such a licence to the applicant unless he is satisfied, having regard to all the relevant circumstances, that the applicant is a fit person to be the holder of such a licence.

(4) The standards of competence to be attained and the conditions to be satisfied by the holder of an existing boatman’s licence in order for a licence to be issued to him under this Part shall be such standards and conditions as were to be satisfied by him in order for the existing boatman’s licence to be issued to him.

• Accordingly, the Secretary of State shall on the application of the holder of an existing boatman’s licence issue to him a licence under this Part; and the licence shall—

  (a)

  be of the grade, or of the higher or highest of the grades, which is appropriate in respect of—

  (i)

  a vessel when being navigated in waters in the area or areas stated in the existing boatman’s licence as the area or areas of operation; and

  (ii)

  the greatest number of passengers which in the period of 12 months before the coming into force of these Regulations was carried in a vessel navigated in that area or in each of those areas respectively (as the case may be) under the command of the holder of the existing boatman’s licence; and

  (b)

  state as the area or areas in which a vessel may be navigated under the command of the holder the area or areas stated in the existing boatman’s licence as the area or areas of operation.