The Fishing Vessels (Safety Training) Regulations 1989

• Citation: S.I. 1989/126
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Fishing Vessels (Safety Training) Regulations 1989 and shall come into force on 1st March 1989.

(2) In these Regulations:–

“Approved Instructor” means an Instructor approved for the purpose of these Regulations by the Secretary of State;

“Approved Training Course” means in relation to any subject specified in regulation 2(1), a course held at an Approved Training Establishment, or elsewhere under the control of an Approved Instructor, covering the syllabus specified in Merchant Shipping Notice Number M1367 for that subject and any document amending or replacing it which is considered by the Secretary of State to be relevant from time to time and which is specified in a Merchant Shipping Notice;

“Approved Training Establishment” means an Establishment approved for the purpose of these Regulations by the Secretary of State;

“certificated deck officer” and“certificated engineer officer” mean officers who hold certificates of competency issued pursuant to the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984 ;

“new entrant” means a person who for the first time is gainfully employed or engaged as a crew member on a fishing vessel registered in the United Kingdom;

“serving fisherman” means a crew member on a fishing vessel registered in the United Kingdom who is not a new entrant.

(3) Any approval given pursuant to these Regulations shall be given in writing and shall specify the date when it is to come into force, and the conditions (if any) on which it is given.

Section 2 Citation, commencement and interpretation

(1) No person, other than a certificated deck officer or a certificated engineer officer or a serving fisherman born before the 1st March 1954, shall be employed or engaged on a fishing vessel registered in the United Kingdom after the relevant dates specified in paragraph (3) below unless he is the holder of a certificate or certificates issued by the Sea Fish Industry Authority certifying:–

(i) that he has undergone an Approved Training Course in each of the following subjects –

(a) basic survival at sea,

(b) basic fire-fighting and prevention, and

(c) basic first aid,

or

(ii) if he is the holder of a certificate of competency as skipper or second hand issued pursuant to section 414 of the Merchant Shipping Act 1894 , and was born on or after 1st March 1954, that he has undergone an Approved Training Course in basic survival at sea and basic fire fighting and prevention.

(2) Any such certificate issued by the Sea Fish Industry Authority shall be in such form as the Secretary of State shall direct.

(3) The dates by which Approved Training Courses referred to in paragraph (1) above must have been undertaken are specified in the Table below: –

Section 3 Citation, commencement and interpretation

If a person goes to sea on a fishing vessel registered in the United Kingdom in contravention of regulation 2 –

(a) that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale or, if he is the skipper or an owner of the vessel, level 5 on the standard scale ; and

(b) the skipper and each owner of the vessel (except in respect of a contravention of regulation 2 by himself) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale

Section 4 Exemptions

The Secretary of State may grant, on such terms (if any) as he may specify, exemptions from any provision of these Regulations, and may alter or cancel any such exemption.