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The Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984

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Standards and conditions for the Issue of Certificate

8.—(1) Subject to paragraph (3) below:

(a)the standards of competency to be attained and the conditions to be satisfied by a person before he may be issued with a certificate of competency under these Regulations, including any exceptions applicable with respect to any such standards or conditions;

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

(c)the conduct of any examination for that purpose and the conditions of admission thereto

shall be such as may be specified by the Secretary of State either in relation to certificates of competency in general or to a particular class as may be so specified.

(2) Subject to the proviso to this paragraph and to paragraph (3) below;

(a)a person applying to be issued with a deck officer's certificate of service shall produce such evidence as the Secretary of State may require that—

(i)he has served at sea as a skipper or officer in charge of a navigational watch in a vessel specified in regulation 3 of these Regulations prior to 23rd July 1984 and for a period of at least 3 years during the period of 10 years immediately preceding 1st January 1987;

(ii)he has served for 12 months of such service in the capacity appropriate for the certificate for which application is made; and

(iii)his conduct during the said 12 months and during the last 12 months of sea service in a watchkeeping capacity if that was not the same period was satisfactory;

(b)a person applying to be issued with an engineer officer certificate of service shall provide such evidence as the Secretary of State may require that—

(i)he has served at sea in an engineering capacity in a vessel specified in regulation 4 for a period of at least 3 years during the period of 10 years immediately preceding 1st January 1987;

(ii)he has served for 12 months of such service in the capacity appropriate for the certificate for which application is made; and

(iii)his conduct during the said 12 months and during the last 12 months of sea service in a watchkeeping capacity if that was not the same period was satisfactory:

Provided that, notwithstanding that the conditions set out in sub-paragraphs (a) or (b) above have not been complied with, the Secretary of State, taking into account the circumstances in a particular case, may where he is satisfied that those conditions have been substantially complied with, issue a certificate of service subject to any limitation as to operating area which may be endorsed on that certificate in the particular case.

(3) Notwithstanding that an applicant for a certificate of competency or a certificate of service complies with the standards or fulfils the conditions specified by, or by virtue of, the foregoing provisions of this regulation, the Secretary of State shall not issue the certificate applied for unless he is satisfied, having regard to all the relevant circumstances, that the applicant is a fit person to be the holder of the certificate and to act competently in the capacity to which it relates. If the Secretary of State intends to refuse the issue of a certificate to any such applicant on either of these grounds he shall give notice in writing to the applicant who shall have the right to make representations to the Secretary of State.

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