The Merchant Shipping (Boatmasters’ Qualifications, Crew and Hours of Work) Regulations 2015

PART 6 TRANSITIONAL PROVISIONS

Qualifications held under the 2006 Regulations

50.—(1) This regulation applies to a person who, immediately before these Regulations come into force, holds one or both of the following issued under the 2006 Regulations (“a qualification under the 2006 Regulations”)—

(a) a boatmaster’s licence with or without an endorsement,

(b) a boatmaster’s certificate.

(2) Notwithstanding the revocation of the 2006 Regulations, a person to whom this regulation applies is to be treated as qualified to serve as master of a vessel engaged on a voyage authorised by a qualification under the 2006 Regulations until whichever is the earlier of—

(a) the issue of a new boatmaster’s licence to that person,

(b) the revocation of the boatmaster’s licence under regulation 25(3), or

(c) the expiry of the boatmaster’s licence in accordance with regulation 14(1) of the 2006 Regulations.

(3) This regulation does not entitle a person to serve as master of any vessel at a time when that person is not complying with the terms and conditions of the qualification under the 2006 Regulations.

Holders of an oil and chemical cargo endorsement

51.—(1) This regulation applies to a person who, immediately before these Regulations come into force, holds a Tier 1 boatmaster’s licence with an oil and chemical cargo endorsement issued under the 2006 Regulations.

(2) A person to whom this regulation applies is to be treated as authorised to engage in operations for which an endorsement listed in paragraph (3) is required until whichever is the earlier of—

(a) the issue of a new boatmaster’s licence to that person,

(b) the revocation of the boatmaster’s licence under regulation 25(3), or

(c) the expiry of the boatmaster’s licence in accordance with regulation 14(1) of the 2006 Regulations.

(3) The endorsements are—

(a) an oil cargo endorsement,

(b) a chemical cargo endorsement, and

(c) a liquefied gas cargo endorsement.

Ro-Ro endorsements

52.—(1) This regulation applies to a person who, immediately before these Regulations come into force —

(a) holds a Tier 1 Level 2 boatmaster’s licence issued under the 2006 Regulations, and

(b) has not less than 30 days qualifying service time as master of a Ro-Ro vessel.

(2) A person to whom this regulation applies is to be treated as authorised to engage in operations for which a Ro-Ro endorsement is required until whichever is the earlier of—

(a) the issue of a new boatmaster’s licence to that person,

(b) the revocation of the boatmaster’s licence under regulation 25(3), or

(c) the expiry of the boatmaster’s licence in accordance with regulation 14(1) of the 2006 Regulations.

Approvals under the Crew Regulations

53.—(1) This regulation applies where an approval (a “crewing approval”) has been given by the Secretary of State under—

(a) regulation 14(2)(b) of the Merchant Shipping (Local Passenger Vessels) (Masters’ Licences and Hours, Manning and Training) Regulations 1993 and continues to have effect by virtue of regulation 5 of the Crew Regulations(1), or

(b) regulation 4(2)(b) of the Crew Regulations.

(2) A crewing approval continues to have effect as if it were an approval given under regulation 39.

(3) Where a crewing approval was given subject to any conditions, those conditions continue to have effect.

(4) While a crewing approval has effect, the vessel to which the approval applies must not proceed on a voyage unless it is crewed in accordance with it.

(1)

S.I. 1993/1213. The relevant provisions of the Merchant Shipping (Local Passenger Vessels) (Masters’ Licences and Hours, Manning and Training) Regulations 1993 were revoked by the Crew Regulations, but by virtue of regulation 5 of the Crew Regulations approvals granted under the 1993 Regulations continued to have effect until a date on which an approval under the Crew Regulations took effect.