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

Licensing under local legislation

34.—(1) Subject to paragraph (2), a local enactment ceases to have effect to the extent that it—

(a) requires a boatmaster to meet any conditions in order to qualify to serve as master,

(b) authorises the issue of a licence, certificate or other document permitting a boatmaster to serve as master, or

(c) confers power to do anything mentioned in paragraph (a) or (b).

(2) Nothing in paragraph (1) affects the operation of any local enactment which authorises the issue of a boatman’s licence, or makes provision in connection with the issue of any such licence, where the licence would enable a person to whom this Part applies to meet the condition in regulation 9(1)(d).

(3) In this regulation—

(a) “boatman’s licence” means a licence or other document authorising a person to serve as master of a vessel (whether or not of a specified class) in waters to which the local enactment applies;

(b) “local enactment” means an enactment contained in—

(i) any local Act (other than the Port of London Act 1968(1)),

(ii) any order, regulations, rules, scheme, bye laws or other instrument made under a local Act, or

(iii) any order made under section 14 of the Harbours Act 1964(2);

(c) a reference to serving as master is a reference to serving as master of a vessel on a voyage of a kind mentioned in regulation 7(3).

(1)

1968 c. xxxii.

(2)

1964 c. 40. Section 14 was amended by: the Transport Act 1981 (c. 56), section 18 and Schedule 6 paragraphs 2, 3, 12 and 14 and Schedule 12, Part II; the Criminal Justice Act 1982 (c. 48), sections 37 and 46; the Transport and Works Act 1992 (c. 42), section 63 and Schedule 3, paragraph 1; the Planning Act 2008 (c. 29), section 36 and Schedule 2, paragraphs 8 and 9; S.I. 2006/1177 and S.I. 2009/1941.