37. This Part applies to a United Kingdom passenger ship of Class IV, V, VI and VI(A).
38. The owner of a vessel to which this Part applies must give notice in writing to the Secretary of State proposing either that it is appropriate or that it is not appropriate that, when the vessel is engaged on a voyage, a member of the crew should be a holder of—
(a)a boatmaster's licence of any class, [F1or]
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)any other qualification which it would be appropriate for the master of the vessel to hold and which is prescribed for those purposes in Part 2.
Textual Amendments
F1Word in reg. 38(a) inserted (31.12.2020) by The Merchant Shipping (Inland Waterways) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/808), regs. 1(2), 3(10)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 38(b) omitted (31.12.2020) by virtue of The Merchant Shipping (Inland Waterways) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/808), regs. 1(2), 3(10)(b); 2020 c. 1, Sch. 5 para. 1(1)
39. The Secretary of State may approve the vessel's owner's proposal that—
(a)a member of the crew must hold a qualification specified in the notice given under regulation 38, or
(b)that no crew member must hold any such qualification.
40.—(1) An approval made under regulation 39 may be made subject to conditions.
(2) An approval made under regulation 39 must—
(a)be recorded in writing, and
(b)specify—
(i)the date on which the approval takes effect, and
(ii)the conditions (if any) to which it is subject.
(3) A copy of an approval made under regulation 39 must be sent to the vessel's owner.
41. A vessel to which this Part applies must not proceed on a voyage unless—
(a)notice has been given to the Secretary of State in accordance with regulation 38,
(b)the Secretary of State has approved, in accordance with regulation 39, the proposal made in that notice as to which qualifications (if any) should be held by a member of the crew, and
(c)the vessel is crewed in accordance with that approval.