Draft Regulations to implement the proposed Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022
Draft Regulations and Explanatory Memorandum to implement the international requirements for training, certification and watchkeeping (STCW).
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The draft Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 (“the proposed 2022 Regulations”) propose to implement the amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978 into UK law. The Convention sets the standards of competence for seafarers internationally. In accordance with its international obligations, and as a party to the Convention, the UK is required to implement the amendments into UK law.
The proposed 2022 Regulations are intended to replace the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 (SI 2015 No. 782) (“the 2015 Regulations”) and their associated notices. The 2015 Regulations will be revoked by the proposed 2022 Regulations.
The proposed 2022 Regulations incorporate the latest amendments to the STCW Convention and Code, which relate to those seafarers on ships using gases or other low-flashpoint fuels and on passenger ships. Amendments to the Convention and Code relating to seafarers on ships operating in polar waters are implemented in the Merchant Shipping (Polar Code) (Safety) Regulations 2021 (S.I. 2021/1401). The proposed 2022 Regulations and the associated notices also include changes identified by a Post Implementation Review of the 2015 Regulations. These amendments put into effect initiatives to modernise and enhance the UK seafarer training system. The proposed 2022 Regulations and the associated notices aim to improve the employability of UK seafarers by encapsulating advancements and changes in maritime technology to make the sector a cleaner, safer and more efficient place to work.
A consultation on the proposed changes was completed on Monday 14th June 2021 until Monday 9th August 2021. At that point, the proposed legislative approach was to amend the 2015 Regulations. Although the substance of the proposals has not changed since the consultation took place, the legislative approach is now to replace the 2015 Regulations with a new set of regulations.
The proposed 2022 Regulations were published on 12th May 2022 in accordance with the enhanced scrutiny procedure required by Schedule 8 to the European Union (Withdrawal) Act 2018. The procedure was triggered because the proposed 2022 Regulations will revoke subordinate legislation made under section 2(2) of the European Communities Act 1972. In accordance with the requirements of that Act, the Minister has made relevant statements which are detailed in Part 2 of the Annex to the draft Explanatory Memorandum and which has been published along with the proposed 2022 Regulations. The accompanying draft Marine Notices for the proposed Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 have also been published.