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Regulations 13 and 19

SCHEDULE 4STANDARDS OF COMPETENCE FOR BOATMASTER’S LICENCES AND CERTIFICATES

PART 1BOATMASTER’S LICENCES

Interpretation

1.  In this Part—

“candidate” means a person wishing to apply for a boatmaster’s licence of any class or an endorsement of a licence;

“examiner” means the person appointed under paragraph 8;

“qualifying service”, in relation to a Tier 2 licence, has the meaning given in regulation 11(10);

“syllabus” means the syllabus in paragraph 19.

Tier 1 licences: generic competencies

2.  The competencies required by the holder of a Tier 1 licence are—

(a)(according to the class of licence held) the practical skills and underpinning knowledge set out in sections 1 to 3 of the syllabus, and

(b)(in every case) knowledge of—

(i)basic personal survival and fire fighting techniques, and

(ii)first aid,

to the extent that such knowledge is necessary for the waters in which the holder of the licence is authorised to serve as master.

3.  The minimum level of knowledge necessary to meet the competency specified in paragraph 2(b) is an understanding of so much of the subject matter of section 12 of the syllabus as is appropriate to the class of licence.

Endorsements of Tier 1 licences: special competencies

4.—(1) The competencies required by the holder of an endorsement of a Tier 1 licence other than a radar endorsement are (according to the class of endorsement held) the practical skills and underpinning knowledge set out in sections 4 to 11 of the syllabus.

5.—(1) The competencies required for a radar endorsement are those which form the subject matter of the Small Ships Navigation and Radar Course.

(2) In sub-paragraph (1)—

“Small Ships Navigation and Radar Course” means the course for which the criteria and syllabus have been designed by the Merchant Navy Training Board and approved by the Maritime and Coastguard Agency.

Tier 2 licences: competencies

6.  The competencies required by the holder of a Tier 2 licence are—

(a)such of the generic practical skills, underpinning knowledge and knowledge of personal survival and fire fighting techniques and first aid prescribed in relation to Tier 1 licences as are relevant to the type of vessel operations in which the applicant has undertaken his qualifying service and to the waters to which the licence will relate;

(b)such of the further practical skills and underpinning knowledge as are prescribed in paragraph 4 or 5 of this Part of this Schedule in relation to endorsements of Tier 1 licences (other than the relevant local knowledge endorsement) as are relevant to the type of vessel and operations on which the applicant has undertaken his qualifying service and to the waters to which the licence will relate;

(c)knowledge of so much of the subject matter of section 11 of the syllabus as is relevant to the operational area to which the licence relates.

Evidence of attainment of appropriate standard of competence

7.  Each candidate must keep the following written records—

(a)a record of the necessary practical skills he has mastered and the knowledge and experience he has gained which are relevant to the class of licence or endorsement he wishes to apply for (the “Task Record Book”), and

(b)a record of his service and experience on vessels and in waters which are appropriate to the class of licence or endorsement he intends to apply for.

8.  Subject to paragraph 9, a candidate’s standard of competence must be assessed by a person who is—

(a)appointed for that purpose by the Secretary of State, or

(b)appointed by a person approved by the Secretary of State for the purpose of appointing examiners.

9.—(1) A candidate is deemed to have the appropriate knowledge of basic personal survival and fire fighting techniques and first aid if he produces evidence to the Secretary of State that he has successfully completed a course the subject matter of which satisfies the requirements of paragraph 3.

(2) A candidate is deemed to have the competencies required for the issue of a radar endorsement if he produces evidence to the Secretary of State that he has successfully completed the Small Ships Navigation and Radar Course.

(3) In this paragraph, “successfully completed” means completed to the satisfaction of a person approved by the Maritime and Coastguard Agency who has provided the course.

10.  An application for an assessment of competence or part of an assessment—

(a)must be in such form and contain, or be accompanied by, such particulars and documents as the Secretary of State may specify, and

(b)must be accompanied by the prescribed fee.

11.  A candidate attending for the part of the assessment described in paragraph 12(1)(c) must produce his Task Record Book to the examiner.

12.—(1) The assessment may, at the examiner’s discretion, consist of all or any of the following—

(a)a practical test of seamanship and vessel handling skill in a variety of circumstances chosen by the examiner and conducted on board a vessel of a kind reasonably representative of the class of vessel the command of which the licence or endorsement would authorise in waters appropriate to that class of licence or endorsement,

(b)a written or oral test of the candidate’s knowledge underpinning his practical skills, and

(c)oral questions about the entries in the Task Record Book,

(2) Different parts of the assessment may, if the examiner agrees, take place on different occasions.

13.  In the case of a candidate holding a qualification mentioned in regulation 35(1), a boatmaster’s certificate issued in an EEA State other than the United Kingdom or a Rhine navigation licence, the examiner may, in conducting his assessment, take account of the experience which the candidate has had of commanding or having charge of vessels.

14.  The examiner must as soon as practicable submit a report of his assessment to the Secretary of State and if he is satisfied that the candidate possesses the necessary competencies the Secretary of State must issue the appropriate boatmaster’s licence or endorsement to the candidate.

Representations by aggrieved candidates

15.—(1) A candidate who is aggrieved by an assessment may make representations in writing to the Secretary of State, care of the Customer Care Manager at the appropriate Regional Office of the Maritime and Coastguard Agency setting out his complaint and the reasons for it.

(2) Upon receipt of such representations, the Customer Care Manager must investigate the complaint and if he considers it is justified may offer to take such action in relation to the complaint as he thinks fit.

16.—(1) A candidate who is not satisfied with the action offered may appeal in writing to the Chief Executive of the Agency at Spring Place, 105 Commercial Road, Southampton SO15 1EG setting out the grounds of his appeal.

(2) Upon receipt of such representations, the Chief Executive must investigate the complaint and if he considers it is justified may offer to take such action in relation to the complaint as he thinks fit.

17.—(1) A candidate who is not satisfied with the action offered may ask the Chief Executive to refer the complaint to an independent adjudicator for a review of the fairness of the handling of the complaint.

(2) The independent adjudicator may request such further written evidence as he reasonably requires and may make such recommendations as he thinks fit to the Chief Executive who must act upon them.

18.  For the avoidance of doubt, in paragraphs 15 to 17 “writing” includes e-mail.

Syllabus

19.  The syllabus is set out below—

PART 2BOATMASTERS’ CERTIFICATES

Interpretation

1.  In this Part—

“candidate” means a person wishing to apply for a boatmaster’s certificate of any class;

“examiner” means the person appointed under paragraph 8;

“syllabus” means the syllabus set out in paragraph 19;

Group A and B certificates: generic competencies

2.  The competencies required by the holder of a general Group A certificate are the practical skills and underpinning knowledge set out in section 1 of the syllabus.

3.  The competencies required by the holder of a general Group B certificate are the practical skills and underpinning knowledge set out in section 2 of the syllabus.

Group A and B certificates: special competencies

4.  The competencies required by the holder of a Group A or Group B certificate attesting competence in radar navigation are the practical skills and underpinning knowledge set out in section 3 of the syllabus.

5.  The competencies required by the holder of a Group A or Group B certificate attesting competence in passenger transport are the practical skills and underpinning knowledge set out in section 4 of the syllabus.

6.  The competencies required by the holder of a Group A or Group B certificate attesting knowledge of local navigation requirements are the practical skills and underpinning knowledge set out in section 5 of the syllabus.

Evidence of attainment of appropriate standard of competence

7.  Each candidate must keep a written record (a “Task Record Book”) of the necessary practical skills he has mastered and the knowledge and experience he has gained which are relevant to the class of certificate he wishes to apply for.

8.  A candidate’s standard of competence must be assessed by a person who is—

(a)appointed for that purpose by the Secretary of State, or

(b)appointed by a person approved by the Secretary of State for the purpose of appointing examiners.

9.  An application for an assessment of competence or part of an assessment—

(a)must be in such form and contain, or be accompanied by, such particulars and documents as the Secretary of State may specify, and

(b)must be accompanied by the prescribed fee.

10.  A candidate attending for the part of the assessment described in paragraph 11(2)(b) must produce his Task Record Book to the examiner.

11.—(1) Except where paragraph 12 applies, the assessment must consist of—

(a)(where necessary) a practical test of seamanship and vessel handling skill in a variety of circumstances chosen by the examiner and conducted on board a vessel of a kind reasonably representative of the class of vessel the command of which the certificate would authorise in waters appropriate to that class of certificate; and

(b)an oral test of the candidate’s knowledge underpinning his practical skills.

(2) Subject to paragraphs 12 and 13, the assessment may, at the examiner’s discretion include—

(a)a written examination to test part or all of the candidate’s knowledge underpinning his practical skills, and

(b)questions about the entries in the Task Record Book.

(3) Different parts of the assessment may, if the examiner agrees, take place on different occasions.

12.  This paragraph applies where the candidate holds a Tier 1 boatmaster’s licence with both cargo and towing and pushing endorsements.

13.  Where paragraph 12 applies—

(a)the examiner must assess the candidate’s knowledge of the subject matter of those items in the syllabus for a Group A or Group B certificate marked (a) and (b) under the heading “Navigation” and (b) under the heading “Vessel construction and stability”;

(b)the examiner may assume (unless he has reason to believe otherwise) that the candidate possesses the remaining practical skills and underpinning knowledge required by the holder of a certificate of the group for which he has applied;

(c)the examiner may conduct—

(i)a test mentioned in paragraph 11(1), or

(ii)the test mentioned in paragraph 11(2)(b),

if, and only if, he reasonably believes it to be necessary.

14.  The examiner must as soon as practicable submit a report of his assessment to the Secretary of State and if he is satisfied that the candidate possesses the necessary competencies the Secretary of State must issue the appropriate boatmaster’s certificate to the candidate.

Representations by unsuccessful candidates

15.—(1) A candidate who is aggrieved by an assessment may make representations in writing to the Secretary of State, care of the Customer Care Manager at the appropriate Regional Office of the Maritime and Coastguard Agency setting out his complaint and the reasons for it.

(2) Upon receipt of such representations, the Customer Care Manager must investigate the complaint and if he considers it is justified may offer to take such action in relation to the complaint as he thinks fit.

16.—(1) A candidate who is not satisfied with the action offered may appeal in writing to the Chief Executive of the Agency at Spring Place, 105 Commercial Road, Southampton SO15 1EG setting out the grounds of his appeal.

(2) Upon receipt of such representations, the Chief Executive must investigate the complaint and if he considers it is justified may offer to take such action in relation to the complaint as he thinks fit.

17.—(1) A candidate who is not satisfied with the action offered may ask the Chief Executive to refer the complaint to an independent adjudicator for a review of the fairness of the handling of the complaint.

(2) The independent adjudicator may request such further written evidence as he reasonably requires and may make such recommendations as he thinks fit to the Chief Executive who must act upon them.

18.  For the avoidance of doubt, in paragraphs 15 to 17 “writing” includes e-mail.

Syllabus

19.  The syllabus is as follows—

(1)

OJ No. L301, 28.10.1982, p.1.