Merchant Shipping Act 1894

Granting of certificate of competency.

414

414.(1) Certificates of competency as skipper or as second hand of fishing boats, or any particular class of fishing boats, may be granted by the Board of Trade in the same manner as certificates of competency as master or mate under the Second Part of this Act, and all the provisions of this Act with respect to or connected with the examination of applicants for certificates and the granting thereof, and the suspension and cancellation thereof, and inquiries and investigations into the conduct of the holders thereof, and all other provisions of this Act relating to or connected with certificates of masters or mates, shall apply to the certificates as skipper or second hand of fishing boats, and the holders thereof, as if the certificates had been granted under Part II. of this Act, and the holders thereof shall be entitled to such privileges, and subject to such liabilities as they would be if such certificates had been so granted.

(2) A certificate of competency as skipper of a fishing boat shall not be granted to any person unless he has previously held a certificate as second hand for at least twelve months.

Annotations:

Modifications (not altering text):

C114

Application of section extended (25.08.1995) by Merchant Shipping (Recognition of British Certificates of Competency) Order 1995 (S.I. No. 228 of 1995), art. 2.

2. Certificates of competency as deck officers or engineer officers on board ship or as skippers, second hands or engineer officers on board fishing boats for the grant of which provision is made by the Government of the United Kingdom of Great Britain and Northern Ireland shall be of the same force within the State as if they had been granted by the Minister under (as may as be appropriate) Part II or section 414 of the Merchant Shipping Act, 1894, or section 3 or 8 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979).

C115

Application of section extended (1.09.1989) by Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1988 (S.I. No. 289 of 1988), reg. 8(1), in effect as per reg. 1.

Certificates equivalent to a certificate of competency

8. (1) An existing certificate of competency granted under section 414 of the Merchant Shipping Act, 1894, shall be deemed for the purposes of these Regulations and of section 3 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), to be a certificate of competency and such a certificate of a class set out in column 1 of the Table to this paragraph shall be treated as equivalent to a certificate of competency issued under these Regulations of a class set out opposite thereto in column 2 of that Table.

...

C116

Application of section extended and restricted (1.09.1981) by Merchant Shipping (Certification of Deck Officers) Regulations 1981 (S.I. No. 13 of 1981), regs. 5(2), 6(2), in effect as per reg. 1.

Certificates equivalent to a Certificate of Competency under these Regulations.

5. ...

(2) A certificate of competency granted under section 93 or 414 of the Act of 1894 to which has been added by the Minister, a certificate of service (deck officer) under Regulation 6 (2) of these Regulations of a description set out in column 1 of Table 2 to these Regulations, shall be treated as equivalent to a certificate of competency issued under these Regulations of the class set out in column 2 of that Table opposite the description in column 1.

...

Conditions applicable to the issue of certificates.

6. ...

(2) Subject to paragraphs (3) and (4) of this Regulation, the conditions to be satisfied by an uncertificated officer or by the holder of a certificate of competency granted under section 93 or 414 of the Act of 1894 who applies to be issued with a certificate of service (deck officer) shall be—

( a ) (i) that he has served in an appropriate capacity of mate, or

(ii) that he has served in the capacity of master,

in a sea-going ship to which these Regulations apply during the period from the 1st day of September, 1974 to the 31st day of August, 1981 and

( b ) that he has served as a master or as a watchkeeping deck officer at sea for a period of not less than three years in the period specified in paragraph (2) (a) of this Regulation and

( c ) that he has produced such evidence as the Minister may require in the particular case—

(i) of his having served for 12 months of such service in ships to which these Regulations apply in the capacity for which a certificate of service (deck officer) is claimed and

(ii) of his satisfactory conduct during those 12 months and during the last 12 months of sea service in a watchkeeping capacity.

...

C117

Application of section extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 81, commenced as per s. 86(2).

Application of certain sections of principal Act to Scotland.

81. (1) Sections four hundred and thirteen to four hundred and sixteen of the principal Act (which relate to certificates of skippers and second hands on trawlers) shall apply to fishing boats being trawlers of twenty-five tons tonnage and upwards going to sea from any port of Scotland in like manner as they apply to such fishing boats going to sea from any port of England or Ireland, except that in section four hundred and fifteen the date of the commencement of this Act shall be substituted for the dates mentioned in that section, and Part IV. of the principal Act shall be construed accordingly.

(2) The sections aforesaid as hereby applied to Scotland shall, notwithstanding anything contained in Part IV. of the principal Act, be deemed to be portions or provisions of Part IV. referred to in section three hundred and sixty-nine of the principal Act (conferring power on the Board of Trade to make exempting or extending orders), and that section (with the substitution of the Edinburgh Gazette for the London Gazette) and Part IV. shall be construed accordingly: Provided that any Order to be published in the Edinburgh Gazette under that section shall be subject to the consent of the Secretary for Scotland.

Editorial Notes:

E208

Previous affecting provision: application of section extended (18.02.1949) by Merchant Shipping (Recognition of British Certificates of Competency) Order 1949 (S.I. No. 47 of 1949); revoked (25.08.1995) by Merchant Shipping (Recognition of British Certificates of Competency) Order 1995 (S.I. No. 228 of 1995), art. 3