MERCHANT SHIPPING Operation and citation 1 These Regulations shall come into operation on 16th March 1970 and may be cited as the Merchant Shipping (Certificates of Competency as A.B.) Regulations 1970. Interpretation and Revocation 2 1 The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament and as if these Regulations and the Regulations hereby revoked were Acts of Parliament. 2 In these Regulations, unless the context otherwise requires— “ the 1948 Act ” means the Merchant Shipping Act 1948; “ the Board ” means the Board of Trade; “ major ship ” means a ship having in the case of a sailing ship a gross tonnage of 40 tons or more and in the case of any other ship a gross tonnage of 100 tons or more; “ minor ship ” means a ship (not being a ship having a gross tonnage of less than 15 tons) having in the case of a sailing ship a gross tonnage of less than 40 tons and in the case of any other ship a gross tonnage of less than 100 tons; “ the principal Act ” means the Merchant Shipping Act 1894; “ the Registrar General ” means the Registrar General of Shipping and Seamen; “ responsible authority ” means in relation to a school or course the person in charge of that school or course as the case may be; and “ satisfactorily ” means to the satisfaction of the responsible authority. 3 The Merchant Shipping (Certificates of Competency as A.B.) Regulations 1959 , as amended , are hereby revoked. Prescribed dates 3 The prescribed dates for the purposes of section 5(1), (5) and (6) of the 1948 Act shall continue to be the dates prescribed by Regulation 2 of the Merchant Shipping (Certificates of Competency as A.B.) Regulations 1952 , namely, the 30th April 1953, the 30th April 1953, and the 1st May 1953, respectively. Conditions for the grant of certificates of competency 4 A certificate of competency shall not be granted to any person unless either— 1 a he has attained the age of 18 years, and b has performed the appropriate qualifying service at sea specified for the purpose of this Regulation in Regulations 8 and 9 of these Regulations, and c has passed an examination in the subjects specified in the syllabus set out in Schedule 1 to these Regulations, and d is the holder of a certificate of efficiency as lifeboatman issued under the rules for life-saving appliances, and e has, otherwise than for the purpose of receiving instruction therein taken turns at the wheel in steering a major ship, not being a fishing boat, for periods totalling not less than 10 hours; or 2 he was on or before the 1st May 1952 serving in the rating of A.B. or in an equivalent or superior deck rating in a ship for which an agreement with the crew was required under Part II of the principal Act. Application for examination 5 Subject to the following Regulation— 1 a person shall not be eligible to take the examination referred to in condition (1)(c) of the preceding Regulation unless he has either— a i attained the age of 18 years, and ii otherwise than for the purpose of receiving instruction therein, taken turns at the wheel in steering a major ship, not being a fishing boat, for periods totalling not less than 10 hours, and iii performed the appropriate qualifying service at sea specified for the purpose of this Regulation in Regulations 8 and 9 of these Regulations; or b served at sea in an engine room rating and satisfactorily completed a conversion course approved by the Board providing training in the duties of a deck rating for persons who have served in an engine room rating. 2 Application to take the examination may be made at any Mercantile Marine Office. 3 Every such application shall be in such form as the Board may sanction and shall, except in cases to which paragraph (6) of this Regulation applies, be accompanied by— a in the case of an applicant complying with the requirements of paragraph (1)(a) of this Regulation— i certificates of discharge, and such other certificates signed by the masters of ships in which the applicant has served, as may be necessary to establish to the satisfaction of the Superintendent that the applicant has performed the necessary qualifying service, and also, in any case in which any reduction in the period of such qualifying service is claimed under the provisions of Regulation 9, the certificate or certificates therein referred to; and ii a certificate or certificates showing that the applicant has complied with the requirements of paragraph (1)(a)(ii) of this Regulation (steering experience); b in the case of an applicant complying with the requirements of paragraph 1(b) of this Regulation, such certificates or other evidence as may be necessary to establish to the satisfaction of the Superintendent that the applicant has served at sea in an engine room rating and has satisfactorily completed the conversion course therein referred to. 4 Every such application duly completed shall be lodged with the Superintendent who shall, if satisfied that the applicant is eligible to take the examination, ensure that the applicant is notified in due course of the arrangements made for his examination, or, if not so satisfied, inform the applicant in writing that his application is refused stating the reasons. 5 On completion of every examination, the examiner shall inform the applicant of the result thereof and shall record the result on his form of application and return the form to the Superintendent. 6 A person who has complied with conditions (1)(a), (b), (d) and (e) of Regulation 4 may when applying to take the examination apply also for the grant, should he pass the examination, of a certificate of competency, in which case— a the application shall be accompanied by the documents described in Regulation 7(2); b paragraphs (4) and (5) of this Regulation shall apply; and c the Superintendent shall, on being notified that the applicant has passed the examination and if he is satisfied that the applicant is entitled to the grant of a certificate of competency, cause such a certificate to be issued to the applicant, or, if not so satisfied, inform the applicant in writing that his application for the certificate is refused stating the reasons. 6 The examination referred to in condition (1)(c) of Regulation 4 may, in the case of a person undergoing a course of pre-sea training at a nautical training school specified in Part 1 of Schedule 2 to these Regulations and marked therein with an asterisk, be taken by that person at that school in stages during that course in accordance with arrangements made by the authority responsible for the school and approved by the Board. Application for certificates of competency 7 1 Without prejudice to the provisions of Regulation 5(6), a person who has complied with the requirements of Regulation 4 of these Regulations may apply at any Mercantile Marine Office for the grant of a certificate of competency. 2 Every such application shall be in such form as the Board may sanction and shall be accompanied— a in the case of an applicant who has complied with the requirements of Regulation 4(1), by— i certificates of discharge, and such other certificates signed by the masters of ships in which the applicant has served, as may be necessary to establish to the satisfaction of the Superintendent that the applicant has performed the necessary qualifying service, and also, in any case in which any reduction in the period of such qualifying service is claimed under provisions of Regulation 9, the certificate or certificates therein referred to; ii a certificate of efficiency as a lifeboatman issued under the rules for life-saving appliances; and iii certificates showing to the satisfaction of the Superintendent that the applicant has complied with conditions (1)(c) and (e) of Regulation 4; b in the case of an applicant who claims to be qualified by virtue of the provisions of Regulation 4(2), by certificates of discharge or a certificate of service issued by the Registrar General sufficient to establish to the satisfaction of the Superintendent that the applicant is so qualified. 3 Every such application duly completed shall be lodged with the Superintendent of the Mercantile Marine Office who shall if satisfied that the applicant is entitled to the grant of a certificate of competency cause such a certificate to be issued to the applicant, or, if not so satisfied, inform the applicant in writing that his application is refused stating the reasons. Qualifying service at sea 8 1 Qualifying service at sea for the purposes of Regulations 4(1) and 5(1)(a) of these Regulations shall be either— a service in a deck rating in a ship other than a ship having a general purpose or integrated crew (referred to in this Regulation as “ service in a deck rating ”) , or b service in a general purpose rating in a ship having a general purpose or integrated crew (referred to in this Regulation as “ service in a general purpose rating ”) , or c service partly in the one and partly in the other of the above mentioned ratings (referred to in this Regulation as “ mixed service ”). 2 Subject to the following provisions of this Regulation and the provisions of Regulation 9, the period of qualifying service shall be as follows:— a for the purposes of Regulation 5(1)(a)— i in the case of service in a deck rating, 12 months; ii in the case of service in a general purpose rating, 18 months; iii in the case of mixed service, a period of between 12 and 18 months such that the component periods of service in a deck rating and in a general purpose rating respectively, expressed as percentages of the periods prescribed in relation thereto in sub-paragraphs (i) and (ii), total 100 per cent; b for the purposes of Regulation 4(1), in the case of each type of service the period specified in relation thereto in sub-paragraph (a) of this paragraph plus a further period of 2 years. 3 In calculating the length of periods of qualifying service for the purpose of paragraph (2) of this Regulation— a a period of service in a minor ship shall count as one half of the period actually so served; b service in a ship having a gross tonnage of less than 15 tons shall be disregarded; c every day by which a period of actual service in a ship exceeds the number of months comprised in that period, and every day of such service comprised in a period of actual service of less than one month, shall be treated as 1/30th of a month of actual service; d the length of every period of actual service in a ship shall be calculated separately from the date of its commencement to the date of its termination. 4 Every period of qualifying service shall include a proportion of service in major ships other than fishing boats, amounting to not less than 25 per cent. Reduction of qualifying service at sea 9 1 Subject to the provisions of paragraph (3) of this Regulation, a person producing a certificate given by the responsible authority showing that he has satisfactorily completed or passed— a a course of pre-sea training at a nautical training school specified in Part I of Schedule 2 to these Regulations, shall be entitled to a reduction— i in the period of qualifying service required under Regulation 8(2)(a) of 4 weeks; ii in the period of qualifying service required under Regulation 8(2)(b), of one month for each period of 4 weeks attendance and training on that course, less any reduction made pursuant to sub-paragraph (i); b both a course described in sub-paragraph (a) and a course of pre-sea training at a training school specified in Part 2 of the said Schedule, shall be entitled to a reduction in the period of qualifying service required under Regulation 8(2)(b) of one month for each period of 4 weeks attendance and training on each of the two courses specified; c as a member of the Sea Cadet Corps the pre-sea training course for Cadet Petty Officers sponsored by that Corps, shall be entitled to a reduction in the period of qualifying service required under Regulation 8(2)(b) of 3 months. 2 A person who has served at sea in an engine room rating and has satisfactorily completed a conversion course approved by the Board providing training in the duties of a deck rating for persons who have served in an engine room rating shall on producing satisfactory evidence of such service and a certificate given by the responsible authority that he has satisfactorily completed the conversion course be entitled to a reduction in the period of qualifying service required under Regulation 8(2)(b) of— a one week for every complete week's attendance and training on the conversion course subject to a maximum of 4 weeks, and b 50 per cent of the total length of his service at sea in an engine room rating subject to a maximum of 6 months. 3 No person shall be entitled by virtue of the provisions of paragraph (1) of this Regulation to a reduction or reductions of qualifying service exceeding a total of 6 months, or by virtue of the provisions of sub-paragraphs (a) or (b) of that paragraph to a reduction or reductions of qualifying service exceeding the maximum reduction specified in relation to the school attended in the third column of Schedule 2. Lost or destroyed certificates 10 1 If a certificate of competency is lost or destroyed, the holder thereof shall forthwith notify the Registrar General who shall if satisfied that it has been so lost or destroyed issue a copy of the certificate of competency (so marked) which shall have the same effect as the certificate of competency originally issued. 2 Any certificate notified as aforesaid as lost or destroyed shall if subsequently recovered be delivered forthwith to the Registrar General. Forgery of certificates 11 The provisions of section 104 of the principal Act (which relates to forgery and other offences relating to certificates of competency of ships' officers granted under that Act) shall apply in relation to certificates of competency granted under these Regulations as they apply in relation to certificates of competency of ships' officers granted under the principal Act. Fees 12 The fees specified in Schedule 3 to these Regulations shall be payable in respect of the matters specified in relation thereto in that Schedule. R.F. Prosser An Under-Secretary of the Board of Trade 12th February 1970