Made | 5th May 2003 | ||
Laid before Parliament | 7th May 2003 | ||
Coming into force | 30th May 2003 |
(b) to continue to be so authorised,
a competent harbour authority shall act in accordance with Schedule A1 to this Act (which makes provision about persons with qualifications obtained in EEA States other than the United Kingdom).".
(4) After subsection (2) of section 3 there shall be inserted the following subsection -
(5) Before Schedule 1 there shall be inserted the following Schedule -
(2) In this Schedule -
Formal qualifications
2.
- (1) This paragraph applies where -
(2) If the applicant's formal qualifications show a level of knowledge and skill corresponding to or exceeding the level shown by the formal qualifications required by the authority, the authority shall not refuse the applicant authorisation, or refuse to consider the application, on the basis that he does not hold the required formal qualifications.
(3) If the applicant's formal qualifications show a level of knowledge and skill which is substantially below the level shown by the formal qualifications required by the authority, the authority shall allow the applicant to undergo an adaptation period or an aptitude test to demonstrate that he has acquired the knowledge and skills which were lacking.
(4) The authority shall make provision for an adaptation period and an aptitude test for this purpose and the applicant shall be permitted to choose to undergo either the adaptation period or the aptitude test.
(5) If, by undergoing the adaptation period or the aptitude test, the applicant demonstrates that he has acquired the knowledge and skills which were lacking, the authority shall not refuse the applicant authorisation, or refuse to consider the application, on the basis that he does not hold the required formal qualifications.
(6) Sub-paragraphs (2) to (5) are subject to paragraph 3.
Person intending to act in a self-employed capacity or as manager of an undertaking
3.
- (1) This paragraph applies where -
(2) The competent harbour authority shall not refuse the applicant authorisation on the basis that he does not have knowledge of, or has not demonstrated that he applies, the specific national rules in force unless -
(3) The authority shall make provision for an adaptation period and an aptitude test for this purpose and shall endeavour to take into consideration the applicant's preference as to which one of those alternatives he undergoes.
Consideration of application to which paragraph 2 or 3 applies, and appeals
4.
- (1) This paragraph applies where a person ("the applicant") makes an application to a competent harbour authority for authorisation and paragraph 2 or paragraph 3 applies.
(2) The competent harbour authority shall -
(3) The applicant may appeal to the Secretary of State in respect of -
(4) An appeal to which this paragraph applies shall be made in such manner as the Secretary of State may direct.
Professional training and experience
5.
- (1) This paragraph applies where a competent harbour authority requires general commercial or professional knowledge and ability from persons applying for authorisation.
(2) The authority shall accept, as sufficient evidence of such knowledge and ability, appropriate experience gained in an EEA State other than the United Kingdom by a person applying for authorisation ("the applicant").
(3) For the purposes of this paragraph, "appropriate experience" means any of the following -
(4) Where an applicant has worked as mentioned in sub-paragraph (3)(b) or (d) and has received at least two years', but less than three years', prior training, he is to be treated as falling within the criteria in that sub-paragraph if the time he has spent working and the time during which he has received prior training, when taken together, equal -
Proof of professional training and experience
6.
- (1) The competent harbour authority shall accept as proof of any of the matters mentioned in paragraph 5(3), other than proof of the prior training mentioned in paragraph 5(3)(b) and (d), a certificate concerning the nature and duration of the activity in question and issued by -
(2) For the purpose of proof of the prior training mentioned in paragraph 5(3)(b) and (d), that training must be either -
(3) Where the applicant holds a certificate which -
that certificate may be treated by the competent harbour authority in the same way as a training certificate.
(4) For the purposes of paragraphs (a) and (b) of paragraph 5(3), a person shall be regarded as having worked in pilotage as manager of an undertaking if he has so worked -
Proof of other matters
7.
- (1) This paragraph applies where -
(2) The competent harbour authority shall accept, as sufficient evidence that such a requirement is satisfied by the applicant -
which in either case complies with sub-paragraph (3).
(3) The extract or equivalent document must have been issued within the period of three months ending with the date on which it is produced to the competent harbour authority.
8.
- (1) This paragraph applies where -
(2) If proof of such requirements cannot be obtained from a document such as mentioned in paragraph 7, the competent harbour authority shall accept, as sufficient evidence that such a requirement is satisfied by the applicant, a certificate which -
(3) The certificate must have been issued within the period of three months ending with the date on which it is produced to the competent harbour authority.
9.
- (1) This paragraph applies in a case to which either paragraph 7 or 8 applies, where the EEA State of which the applicant is a national or from which he comes does not issue the document in question mentioned in the relevant paragraph.
(2) Subject to sub-paragraph (3), the competent harbour authority shall accept, as sufficient evidence of the satisfaction of a requirement mentioned in paragraph 7(1)(a) or 8(1)(a), a declaration that the relevant requirement is satisfied, which -
(3) The competent harbour authority shall also accept, as sufficient evidence of the satisfaction of a requirement in paragraph 7 or 8 to prove no previous bankruptcy, a declaration of no previous bankruptcy, which, -
(4) The declaration mentioned in sub-paragraph (2) must -
(5) The declaration mentioned in sub-paragraph (3) must -
10.
- (1) This paragraph applies where a competent harbour authority requires persons applying for authorisation or authorised persons to provide proof of financial standing.
(2) The authority shall regard certificates issued by banks in an EEA State of which such a person is a national or from which such a person comes, as equivalent to those issued by banks in the United Kingdom.
11.
- (1) This paragraph applies where a competent harbour authority requires persons applying for authorisation or authorised persons to provide proof that they are insured against the financial risks arising from their professional liability.
(2) The authority shall accept, as equivalent to a certificate issued by an insurance undertaking of the United Kingdom, a certificate which is issued -
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State, Department for Transport
5th May 2003
[2] 1972 c. 68; by virtue of the amendment of section 1(2) of the European Communities Act by section 1 of the European Economic Area Act 1993 (c. 51), regulations may be made under section 2(2) to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cmd. 2073) as adjusted by the Protocol signed at Brussels on 17th March 1993 (Cmd. 2183).back
© Crown copyright 2003 | Prepared 14 May 2003 |