The Merchant Shipping (Disqualification of Holder of Seaman’s Certificates) Regulations 1997

• Citation: S.I. 1997/346
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Merchant Shipping (Disqualification of Holder of Seaman’s Certificates) Regulations 1997 and shall come into force on 13th March 1997.

(2) In these Regulations:

“the 1995 Act ” means the Merchant Shipping Act 1995.

Section 2 Application

These Regulations apply in relation to any certificate of competence issued under section 54 of the 1995 Act and to any certificate or other document issued under section 47 of the 1995 Act other than one certifying that a person is qualified as an officer.

Section 3 Notice of suspension or cancellation of certificate

(1) A notice served by the Secretary of State pursuant to section 62(1) of the 1995 Act shall be given to the holder of the certificate in the form set out in Schedule 1 to these Regulations.

(2) Service of such notice shall be effected either by serving the holder of the certificate concerned personally or by sending it to him at his last known address by registered post or by the recorded delivery service.

Section 4 Representations

(1) Within six weeks of the receipt of such notice, or such longer period as the Secretary of State may allow, the holder of the certificate may inform the Secretary of State of his intention to make written representations or claim to make oral representations to the Secretary of State.

(2) In the case of a claim to make oral representations the Secretary of State shall seek to agree with the holder of the certificate a suitable date and place for the oral representations to be heard and if no such agreement is reached they shall be heard at the address given in Schedule 1 to these Regulations on the last working day of the period for representations allowed by this regulation.

(3) If oral representations are to be made the holder of the certificate may be accompanied by a friend who may advise him or speak on his behalf.

(4) Representations, whether written or oral, shall be made within ten weeks of receipt of the notice.

Section 5 Notice of decision

(1) The Secretary of State shall give the holder notice of his decision in the form set out in Schedule 2 to these Regulations.

(2) Service of the notice referred to in this regulation shall be effected either by serving the holder of the certificate concerned personally or by delivering it to his last known address or by sending it by post to his last known address.