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33.—(1) This regulation applies to every person who, on 22nd December 2006, holds a waterman’s licence issued under the Port of London Act 1968(1).
(2) Notwithstanding regulation 8, a person to whom this regulation applies may serve as master of vessels of a kind on which he is working regularly in the period leading up to 22nd December 2006 if—
(a)he makes an application for a boatmaster’s licence which is—
(i)a qualifying application, or
(ii)an interim qualifying application,
and which is received by the Secretary of State on or before 31st December 2006,
(b)he has worked as a waterman for an aggregate period of not less than 120 days during the period of 5 years ending on the date of that application, and
(c)he is medically fit to perform normal duties.
(3) An application is a qualifying application for the purposes of this regulation if it is accompanied by—
(a)documentary evidence sufficient to show that he satisfies the requirement in paragraph (2)(b),
(b)documentary evidence sufficient to show that he has knowledge of basic personal survival and fire fighting techniques and of first aid prescribed for the issue of a Tier 1 boatmaster’s licence in Part 1 of Schedule 4,
(c)evidence which is initially sufficient to support his claim that he is fit to perform normal duties, and
(d)the fee of £28.
(4) An application is an interim qualifying application for the purposes of this regulation if it is accompanied by—
(a)documentary evidence sufficient to show that he satisfies the requirement in paragraph (2)(b),
(b)evidence which is initially sufficient to support his claim that he is fit to perform normal duties, and
(c)the fee of £28.
(5) Where an applicant satisfies the requirements of paragraph (2), the Secretary of State must issue to him a Tier 1 boatmaster’s licence of such a class as is appropriate having regard to—
(a)the nature of his waterman’s licence, and
(b)his experience of service within the Port of London area.
(6) Subject (in the case of paragraphs (a) and (b) of this paragraph) to paragraph (8), where an applicant satisfies the requirements of sub-paragraphs (a)(i), (b) and (c) of paragraph (2), the Secretary of State must issue to him a licence which will remain in force—
(a)in the case of an applicant aged 59 or under on 1st January 2007, until 31st December 2011;
(b)in the case of an applicant aged not less than 60 nor more than 63 on 1st January 2007, for a period ending on the applicant’s 65th birthday;
(c)in the case of an applicant aged 64 or over on 1st January 2007, until 31st December 2007.
(7) If the documentary evidence supplied under paragraph (3)(a) by an applicant aged 63 or under on 1st January 2007 shows that, during the previous 5 years, he has not had adequate experience as a waterman throughout the whole of the Port of London area, the Secretary of State must issue him with a relevant local knowledge endorsement which will remain in force only until 31st December 2008.
(8) Where an applicant satisfies the requirements of sub-paragraphs (a)(ii), (b) and (c) of paragraph (2), the Secretary of State must issue to him a licence endorsed with the word “Interim” which will remain in force until 31st December 2007.
(9) The benefit of paragraph (2) does not extend beyond the date when a boatmaster’s licence—
(a)is granted under this regulation, or
(b)is refused.
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