United Kingdom Statutory Instruments

(a) for the purposes of regulation 33, on 22nd December 2006;

(b) for all other purposes, on 1st January 2007.

"bareboat charter terms" has the meaning given in section 17(11) of the 1995 Act;

"boatmaster's certificate" means a certificate issued—

(a) in the United Kingdom, by the Secretary of State under Part 2 of these Regulations, or

(b) in an EEA State other than the United Kingdom, by a competent authority of that state,

(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.

(a) a class of UK certificate, and

(b) a certificate issued in an EEA State other than the United Kingdom,

(a) a licence issued under the 1993 Regulations, and

(b) (subject to paragraph (2)) a licence, certificate or other document issued by a competent navigation authority authorising him to serve as master of a vessel (whether of a specified class or otherwise) in specified waters.

    (2) This regulation does not apply to a person holding an appropriate IWSPB qualification.

    (3) Notwithstanding regulation 8, a person to whom this regulation applies may, until whichever of the dates specified in paragraph (5) first occurs, serve as master of a vessel to which the licence, certificate or other document applied in waters to which it applied.

    (4) Paragraph (3) does not entitle a person to serve as master of any vessel at a time when he is not complying with the terms and conditions of the licence, certificate or other document.

    (5) The dates are—

(a) the date on which the Secretary of State issues a boatmaster's licence to its holder,

(b) the date on which the Secretary of State refuses to issue him a boatmaster's licence,

(c) the date specified in column (2) of the table at the end of this regulation in relation to the description of the licence, certificate or other document in column (1), and

(d) in the case of a licence issued under the 1993 Regulations, the date of expiry of the licence.


Table


(1) Description of licence, certificate or other document	(2) Date of cessation of validity
1. Licence issued under the 1993 Regulations	31st December 2011
2. Licence, certificate or other document issued by competent navigation authority so far as it relates to:-
(a) cargo-carrying vessels of 24 metres or more load line length	30th September 2007
(b) workboats of 24 metres or more load line length	31st March 2008

the RYA/DfT Coastal Skipper Certificate endorsed as valid for vessels up to 24m load line length used for commercial purposes;

the RYA/DfT Day Skipper Certificate endorsed as valid for vessels up to 24m load line length used for commercial purposes;

the RYA/DfT Powerboat (Level 2) Certificate endorsed as valid for vessels up to 24m load line length used for commercial purposes.

(a) in an appropriate deck capacity,

(b) on a suitable vessel, and

(c) on the relevant waters;

     4. A designation in this Schedule of a certificate as an "RYA/DfT" certificate means that the certificate is one issued by the Royal Yachting Association and its issue has been approved by the Department for Transport.

"cargo" means all the things which are transported on a vessel, except fuel for the vessel, solid or liquid ballast, consumables to be used on board, the permanent outfit and equipment of the vessel, stores and spare gear for the vessel, the personal baggage and belongings of the crew and any passengers and the equipment necessary for or related to the activities being undertaken by the vessel;

"dangerous goods" means the following materials (other than those which would be oil and chemical cargo): explosives, gases, flammable solids, oxidising substances, organic peroxides, toxic and infectious substances, radioactive material, corrosive substances and substances and articles having similar dangerous characteristics;

"fast craft" means a vessel capable of a maximum speed when fully laden of at least 20 knots (where "maximum speed" means the speed achieved at the maximum continuous rating of the vessel's propulsion machinery);

"general cargo" means any cargo other than oil and chemical cargo but includes packaged dangerous goods;

"oil and chemical cargo" means oil, liquid chemicals and liquefied gases;

"qualifying service", in relation to a Tier 2 boatmaster's licence, has the meaning given in regulation 11(10);

"relevant local knowledge" means knowledge of local regulations and other navigation requirements and of the hazards and other features specific to an area of water which affect safe navigation in that area;

"relevant local knowledge endorsement" means an endorsement authorising operations in specified waters (or in a specified part of the waters) for which relevant local knowledge is required ;

"specialist towing or pushing operations" means operations involving the towing or pushing of vessels, including ship towage with tugs (other than emergency towing assistance and rigid pushing operations on waters of category A or B or waters of category C if not linked to other waters).

     2. —(1) Subject to the following provisions of this paragraph, a class of boatmaster's licence or endorsement specified in column (1) of the table in Part 1 of this Schedule authorises a person to serve as master of a vessel of a description mentioned in column (2) for the purposes of operations of a description mentioned in that column and in the waters specified in that column.

    (2) A cargo endorsement held by a person under the age of 21 does not authorise its holder to serve as master on a vessel if its overall length exceeds 40 metres ("overall length" being the maximum length of the vessel including all fixed installations such as parts of the steering system or power plant and mechanical or similar devices).

    (3) In waters for which relevant local knowledge is required a boatmaster's licence does not authorise its holder to undertake any operations (other than operations necessary to deal with an emergency) unless he also holds an endorsement appropriate to those waters.

     3. —(1) Subject to the following provisions of this paragraph, a class of UK certificate specified in column (1) of the table in Part 2 of this Schedule confers on its holder authority to serve as master of a vessel which is equivalent to that conferred by the class of boatmaster's licence specified in column (2) of that table.

    (2) In waters for which relevant local knowledge is required, a UK certificate does not authorise its holder to undertake any operations (other than operations necessary to deal with an emergency) unless it is a certificate attesting to his knowledge of local navigation requirements in those waters.

     4. —(1) Subject to the limitation specified in paragraph (2), a class of boatmaster's certificate issued in an EEA State other than the United Kingdom corresponding to a class of UK certificate confers on its holder authority to serve as master of a vessel equivalent to the authority conferred by that class of UK certificate.

    (2) The limitation is that no certificate authorises its holder to serve as master of a vessel at sea.

     5. A fast craft endorsement may be limited—

(a) to a specified description of vessel,

(b) to navigation on voyages following a specified route, or

(c) both to a specified description of vessel and to navigation on voyages following a specified route.

     6. Relevant local knowledge is required for operations in the waters specified in the table below.


Table: relevant local knowledge requirements

(1) Port or harbour area	(2) Extent of waters where a relevant local knowledge endorsement is required
Bristol Port	The River Avon from Ashton Swing Bridge to the mouth of the Avon and King Road from Portishead Point to the port limits to the North and West
Caernafon and Menai Strait	From the Southern Limit specified in the Menai Strait Pilotage District Pilotage Directions, that is an imaginary line joining positions 53°09.6'N 004°25.7'W (Malltraeth Bay); 53°05.0'N 004°32.15'W (Caernafon Bay) and 53°00.55'N 004°23.58'W (afon Hen, Clynnog) to a line drawn between Bangor Pier and Garth-y-Don
Dee Conservancy	From an imaginary straight line connecting Point of Ayr (National Grid reference point SJ 12268519) and Hilbre Point (National Grid reference point SJ 20298843) to the Airbus Load-out Facility at Broughton
Dover Harbour	The harbour and the sea within a distance of one mile from the seaward limits of the harbour
Fowey Harbour	The upper estuary, north of Upper Carne Point
Gloucester Harbour	The Severn estuary from the harbour limits at Goldcliff to the weirs at Maisemore, Lanthony (Gloucester) on the tidal River Severn, and to Bigsweir Bridge on the tidal River Wye.
Port of Liverpool	The River Mersey from a straight line drawn between the Perch Rock Lighthouse and Gladstone River Entrance West Bullnose, south to a straight line drawn between the East Bullnose of Eastham 50' Lock and the West Bullnose of Stalbridge (Garston) Lock
Port of London	The River Thames from Putney Bridge to the eastern limit of the Thames Barrier Control Zone (currently Margaretness)
Padstow Harbour	The waters within a line joining Stepper Point, Gulland Rock and Pentire Point
Portsmouth Harbour	The waters between No. 4 Bar Buoy and a line drawn from No. 98 Pile to Whale Island.
Isles of Scilly	The waters within a line drawn from Bishop Rock Lighthouse to Scilly Rock, Round Island, White Island, Hanjague and around the South East of St Mary's.
Teignmouth	The waters from Ness Point to 100 yards East of Den Lighthouse

"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.

(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.

"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.

(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.

"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;

(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.

"service" means service in a working capacity;

"short qualifying period", in relation to a person having served as master of a vessel on any vessel operation specified in column (1) of the table below, means the period of service specified in relation to that vessel operation in column (2) of that table, and "full qualifying period", in relation to such a person, means the period of service so specified in column (3) of the table.

Table: Qualifying periods

(1) Vessel operations	(2) Short qualifying period	(3) Full qualifying period
A. Vessels operating in category C and D waters:
1. Where less than 24 metres load line length and not involved in carrying passengers, towing and pushing, dredging operations or operations with general cargo or oil and chemical cargo	Not less than 120 days' service during a period of not less than 12 months	Not less than 240 days' service during a period of not less than 24 months
2. Where 24 metres or more load line length and not involved in carrying passengers, towing and pushing, dredging operations or operations with general cargo or oil and chemical cargo	Not less than 180 days' service during a period of not less than 18 months	Not less than 360 days' service during a period of not less than 36 months
3. Where vessel is carrying no more than 12 passengers	Not less than 240 days' service during a period of not less than 24 months	Not less than 300 days' service during a period of not less than 36 months
4. Where less than 24 metres load line length and engaged in towing and pushing operations	Not less than 60 days' service during a period of not less than 6 months	Not less than 120 days' service as part of the full qualifying period specified in relation to vessel operation A1 above
5. Where 24 metres or more load line length and engaged in towing and pushing operations	Not less than 120 days' service during a period of not less than 12 months	Not less than 180 days' service as part of the full qualifying period specified in relation to vessel operation A2 above
6. Where less than 24 metres load line length and engaged in general cargo or dredging operations	Not less than 120 days' service during a period of not less than 12 months	Not less than 180 working days' service as part of the full qualifying period specified in relation to vessel operation A1 above
7. Where 24 metres or more load line length and engaged in general cargo or dredging operations	Not less than 240 days' service during a period of not less than 24 months	Not less than 300 working days' service as part of the full qualifying period specified in relation to vessel operation A2 above
8. Where less than 24 metres load line length and engaged in operations with oil and chemical cargo	Not less than 120 days' service during a period of not less than 12 months	Not less than 240 working days' service as part of the full qualifying period specified in relation to vessel operation A1 above
9. Where 24 metres or more load line length and engaged in operations with oil and chemical cargo	Not less than 240 days' service during a period of not less than 24 months	Not less than 300 working days' service as part of the full qualifying period specified in relation to vessel operation A2 above
B. Vessels operating in category A and B waters:
1. Where not involved in carrying passengers, towing and pushing, dredging operations or operations with general cargo or oil or chemical cargo	Not less than 60 days' service during a period of not less than 6 months	Not less than 120 days' service during a period of not less than 12 months
2. Where vessel is carrying no more than 12 passengers	Not less than 60 days' service during a period of not less than 6 months	Not less than 120 days' service during a period of not less than 12 months
3. Where engaged in towing and pushing operations	Not less than 30 days' service during a period of not less than 3 months	Not less than 90 days' service as part of the full qualifying period specified in relation to vessel operation B1 above
4. Where engaged in general cargo operations or dredging	Not less than 60 days' service during a period of not less than 6 months	Not less than 120 days' service as part of the full qualifying period specified in relation to vessel operation B1 above
5. Where engaged in operations with oil and chemical cargo	Not less than 60 days' service during a period of not less than 6 months	Not less than 90 days' service as part of the full qualifying period specified in relation to vessel operation B1 above

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

(b) state the class of boatmaster's licence applied for, and

(c) be accompanied by the prescribed fee.

    (2) In particular, the Secretary of State may require a person making an application to produce a statement by an independent person attesting that he has completed (as the case may be) the short or full qualifying period of service in relation to the class of licence he is applying for.

(a) he has, during the period of 5 years immediately preceding the date of his application, completed the short qualifying period of service as master of a vessel appropriate to the class of licence for which he has applied;

(b) he is medically fit to perform the duties normally performed by a person holding a licence (with or without that endorsement) of the relevant class, and

(c) he has the requisite practical skills and underpinning knowledge to hold a licence of the class for which he has applied;

(d) he has the requisite knowledge of the basic personal survival and fire fighting techniques appropriate to the class of licence applied for and of first aid.

     4. —(1) The Secretary of State may, if requested to do so by the applicant, temporarily waive the requirement in paragraph 3(d).

    (2) Such a waiver has effect for a period of one year from the date of issue of the licence and the applicant may make no more than two such requests.

    (3) A second request must be made while the waiver is effective and if the Secretary of State agrees to the request the waiver is extended for a further period of one year.

    (4) If the Secretary of State waives the requirement the applicant must comply with it before the expiry of the waiver and if he fails to do so the provisions of regulation 34 shall cease to apply to him.

     5. —(1) In order to satisfy himself that the applicant complies with paragraph 3 the Secretary of State—

(a) (subject to sub-paragraph (2)) must require him to undergo such an assessment of his practical skills and underpinning knowledge as the Secretary of State may think fit,

(b) must require him to undertake such training in personal survival and fire fighting techniques or first aid as he may specify, and

(c) may require him to provide a medical report or undergo a medical examination.

    (2) The Secretary of State need not impose the requirement in sub-paragraph (1)(a) if the applicant has completed the full qualifying period of service and the Secretary of State is satisfied that an assessment is unnecessary.

(a) all of the provisions of paragraphs 1 to 9 and 11 to 14 of Part 1 of Schedule 4, or

(b) such part of those provisions as the Secretary of State or a person appointed by him to make the assessment thinks fit,

are to apply as they apply in respect of an application under regulation 10.

(a) be for a class of boatmaster's licence which is the nearest equivalent to the qualification the applicant currently holds,

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

(c) be accompanied by the prescribed fee.

Requirements for conversion

     2. Where a person makes an application under paragraph 1, he must satisfy the Secretary of State that—

(a) he has the practical skills and underpinning knowledge required by the holder of a licence of the class applied for,

(b) he is medically fit to perform the duties normally performed by the holder of a licence (with or without that endorsement) of that class, and

(c) (except in the case of a person who currently holds a boatmaster's licence issued under the 1993 Regulations) he has the requisite knowledge of the basic personal survival and fire fighting techniques required by the holder of a licence of that class and a knowledge of first aid.

     3. In order to satisfy himself that the applicant complies with paragraph 2 the Secretary of State may require him—

(a) to provide a medical report or undergo a medical examination,

(b) to undertake such training in personal survival and fire fighting techniques or first aid as he may specify and provide evidence of successful completion of the training course, or

(c) to undergo such an assessment of his practical skills and underpinning knowledge as the Secretary of State may think fit.

Assessments of competence

     4. Paragraph 10 of Part 1 of Schedule 4 applies to an assessment made pursuant to paragraph 3(c) as it applies to an assessment under that Schedule and the person appointed to make the assessment must as soon as practicable submit a report of his assessment to the Secretary of State.

     5. In imposing on an applicant a requirement to undergo an assessment of practical skills and underpinning knowledge the Secretary of State may specify that—

(a) all of the provisions of paragraphs 1 to 9 and 11 to 14 of Part 1 of Schedule 4, or

(b) such part of those provisions as the Secretary of State or a person appointed by him to make the assessment thinks fit,

are to apply as they apply in respect of an application under regulation 10.

— (a) implement, as far as it is necessary to do so for the United Kingdom, Council Directive 96/50/EC of 23 July 1996 on the harmonisation of the conditions for obtaining national boatmasters' certificates for the carriage of goods and passengers by inland waterway (OJ No. L235, 17.9.96, P.31), as amended by Regulation (EC) 1882/2003 of the EU Parliament and Council of 29 September 2003 (OJ No. L284, 31.10.2003, p.1);

— (b) provide for standards of competence to be attained by masters of passenger vessels carrying no more than 250 passengers engaged on short voyages close to the coast;

— (c) re-enact Part 3 of the Merchant Shipping (Local Passenger Vessels) (Masters' Licences and Hours, Manning and Training) Regulations 1993 (self-employed masters' hours of work).

Part 1 and Schedule 1 make provision for general matters, including the revocation of those parts of the Merchant Shipping (Local Passenger Vessels) (Masters' Licences and Hours, Manning and Training) Regulations 1993 (S.I. 1993/1213, "the 1993 Regulations") as are superseded.

Part 2 and Schedules 2, 3 and 4 implement the Directive in the following way:

— (a) Regulation 7 provides that the Regulations apply to persons in charge of vessels of Classes IV to VI(A), IX(A) and IX(A)(T) when they are being navigated in waters of categories A, B, C and D and on some limited coastal voyages. It excludes from the scope of the Regulations those in charge of pleasure vessels and holders of certificates prescribed under the codes of practice for small seagoing vessels ("SCV Code qualifications") and of certificates prescribed pursuant to the STCW Convention ("STCW certificates") for masters of seagoing ships engaged on near-coastal voyages.

— (b) Regulation 8 requires boatmasters to hold appropriate qualifications according to the type of vessel and the waters where it is being navigated. Three qualifications are new in relation to United Kingdom waters, namely the boatmaster's licence, the boatmaster's certificate (which may have been issued in the United Kingdom or an EEA State) and the Rhine navigation licence. Existing qualifications are valid for certain purposes, including STCW certificates for internal and inshore waters and qualifications currently acceptable under the non-statutory Inland Waters Small Passenger Boat Code.

— (c) Because there are in the United Kingdom a large number of navigable inland waterways which are not linked to waterways in other Member States, regulations 9 to 14 provide for the issue of a nationally recognised licence in accordance with Article 3(2) of the Directive. Regulation 9 and Parts 1 and 3 of Schedule 3 specify the classes of licence which may be held and what authority they confer, regulation 10 provides for licence applications. Regulation 11 provides for applicants for licences and endorsements to have reached a specific minimum age (between 18 and 22, depending on the class of licence or endorsement) and, with some exceptions, to have completed a specified period of qualifying service on vessels. Regulation 12 imposes a medical fitness requirement and entitles the Secretary of State to revoke or suspend a licence if its holder is medically unfit and regulation 13 and Part 1 of Schedule 4 specifies the standards of competence to be attained and how they are assessed. Regulation 14 provides for validity periods and re-validation of licences (every 5 years for applicants aged 59, reducing in stages to yearly revalidation thereafter). There is special provision for former holders of Thames watermen's licences.

— (d) Regulations 15 to 19, Parts 2 and 3 of Schedule 3 and Part 2 of Schedule 4 make similar provision in respect of applications for and the issue of boatmasters' certificates which, subject to local requirements and the terms of the Directive, are valid throughout the EEA. Part 3 of Schedule 3 provides for differences between certificates issued in the United Kingdom and those issued elsewhere in the EEA. There is no exact equivalent to regulation 14 but regulation 18 provides that a certificate issued in the UK remains valid after the holder attains the age of 45 only if he has a medical certificate (renewable every 5 years) confirming his fitness and also that every certificate must be revalidated yearly once its holder is 65. Certificates may be suspended or (in the case of UK certificates) revoked if the holder is medically unfit. In the case of non-UK certificates, the Secretary of State must inform the EEA State which issued the certificate of any suspension.

— (e) Regulation 20 makes provision in respect of Rhine navigation licences, imposing medical fitness requirements on holders and enabling them to apply for a supplementary licence authorising them to navigate on local waters for which special knowledge is required.

— (f) Regulation 21 disapplies certain local legislation to the extent that it is inconsistent with these provisions and in particular amends the Port of London Act 1968.

— (g) Regulations 22 and 23 make provision about records and loss and surrender of licences and certificates and regulations 24 to 26 provide for enforcement by creating an offence where a vessel is operated with a medically unfit master, making provision for offences committed by bodies corporate and Scottish partnerships and providing for the detention of vessels.

Part 3 (regulations 27 to 30) re-enacts (with minor amendments) Part III of the 1993 Regulations which regulates the hours of work of self-employed masters of UK passenger vessels of Classes IV, V, VI and VI(A) in inland waters of categories A, B, C and D and on some limited coastal voyages.

Part 4 makes transitional provision for persons holding existing qualifications or no qualifications at all. Regulation 32 provides for licences issued under the 1993 Regulations to remain valid until expiry and for certain qualifications previously issued by local navigation authorities to remain valid for limited periods to enable holders to convert them to boatmasters licences. Regulation 33 enables holders of Thames watermen's licences to continue working if they meet specified conditions and apply for boatmasters' licences by 31st December 2006 (when all watermen's licences expire) and further provides for the issue of boatmasters' licences to them. Regulation 34 provides for experienced persons who currently are not required to hold any master's qualification to obtain boatmasters' licences – and by a shortened procedure if appropriate. Regulation 35 provides for the conversion of other qualifications to boatmasters' licences and enables those licence and certificate holders who are authorised to act as masters in limited circumstances to convert their qualifications if they wish without having to undertake the full application and assessment procedure. This provision has effect until 31st December 2011. Schedule 5 makes provision for matters ancillary to regulations 34 and 35.

The Regulations are made under the powers contained in the 1995 Act except in so far as they amend or modify primary legislation or create new offences, as regards which they are made under the powers of section 2(2) of the European Communities Act 1972.

Copies of the STCW Convention and its annexes and amendments, including the STCW Code, can be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR.

A Regulatory Impact Assessment and a Transposition Note have been prepared for these Regulations and copies may be obtained from Bay 2/16, Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 023 8032 9209) or viewed on the Agency's website at www.mcga.gov.uk. Copies have also been placed in the libraries of both Houses of Parliament.