S.I. No. 109/1957 - Merchant Shipping (Certification of Able Seamen) Regulations, 1957.


S.I. No. 109 of 1957.

MERCHANT SHIPPING (CERTIFICATION OF ABLE SEAMEN) REGULATIONS, 1957.

I, SE?N F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 12 of the Merchant Shipping Act, 1947 (No. 46 of 1947), hereby make the following Regulations:

1.—(1) These Regulations may be cited as the Merchant Shipping (Certification of Able Seamen) Regulations, 1957.

(2) The Regulations shall come into operation on the 1st day of October, 1957.

2. In these Regulations—

" the Minister " means the Minister for Industry and Commerce;

" Certificate of qualification " means a certificate of qualification as an Able Seaman granted in accordance with these Regulations;

" examination " means examination for a certificate of qualification conducted by an examiner appointed for the purpose by the Minister.

3. Subject to the subsequent provisions of these Regulations, a person shall not be engaged as an Able Seaman on any Irish ship which is engaged in the transport of cargo or passengers for the purpose of trade, unless he holds a certificate of qualification.

4.—(1) A certificate of qualification as an Able Seaman shall be granted only to a person who—

(a) satisfies the Minister that—

(i) he has attained the age of eighteen years, and

(ii) he has performed at least thirty-six months of qualifying service at sea in the deck department in ships of at least fifteen tons gross of which at least nine months have been served either in sailing ships of at least forty tons gross or other ships (not being fishing boats) of at least one hundred tons gross, and

(iii) he has passed an examination of proficiency based on a syllabus approved by the Minister, and

(iv) he holds a lifeboatman's certificate issued under Rule 42 of the Merchant Shipping (Life-Saving and Fire Appliances) Rules, 1953 ( S.I. No. 341 of 1953 ); and

(b) produces evidence in such form as the Minister may direct that he has, otherwise than for the purpose of receiving instruction, taken turns at the wheel in steering either a sailing ship of at least forty tons gross or other ship (not being a fishing boat) of at least one hundred tons gross for periods amounting in the aggregate to not less than ten hours.

(2) Notwithstanding paragraph (1) of this Regulation, a person who, prior to the coming into operation of these Regulations, was serving in the deck department as an Able Seaman or in an equivalent or superior capacity in a ship for which an agreement with the crew was required under Part II of the Merchant Shipping Act, 1894, shall be entitled to the grant of a certificate of qualification.

5.—(1) Any person who satisfies the Minister that—

(a) he has attained the age of eighteen years; and

(b) he has, otherwise than for the purpose of receiving instruction therein, taken turns at the wheel in steering either a sailing ship of at least forty tons gross, or other ship (not being a fishing boat) of at least one hundred tons gross for periods amounting in the aggregate to not less than ten hours; and

(c) he has performed twelve months of qualifying service at sea in the deck department of which not less than three months shall have been served either in sailing ships of at least forty tons gross or other ships (not being fishing boats) of at least one hundred tons gross;

shall be entitled to make an application to be examined for the purpose of complying with the condition referred to in clause (iii) of subparagraph (a) of paragraph (1) of Regulation 4 of these Regulations.

(2) Every application under paragraph (1) of this Regulation shall be in such form and shall contain such particulars as the Minister may require.

6. For the purpose of reckoning qualifying service—

(a) every completed calendar month served in ships of forty tons gross or over in the case of sailing ships and of one hundred tons gross or over in the case of other ships shall count as one month of qualifying service, and any days served in such ships not comprising a complete calendar month shall each count as one-thirtieth of a month of qualifying service; and

(b) every completed calendar month served in ships of fifteen tons gross or over but less than forty tons gross in the case of sailing ships and less than one hundred tons gross in the case of other ships shall count as one-half of a month of qualifying service, and any days served in such ships not comprising a complete calendar month shall each count as one-sixtieth of a month of qualifying service.

7. Examinations for certificates of qualification shall be held at such places and times as the Minister shall deem expedient, and reasonable notice shall be given of such examinations and certificates of qualification shall, subject to these Regulations, be granted to successful candidates.

8. A certificate of qualification as an Able Seaman granted in another State by an authority recognised for the purpose by the Government of that State shall be accepted as equivalent to a certificate of qualification under these Regulations if the Minister has so directed on being satisfied that every such certificate so granted is granted on principles ensuring that the holder has adequate qualifications for service as an Able Seaman.

9. The provisions of section 104 of the Merchant Shipping Act, 1894 (which relates to forgery and other offences relating to certificates of competency of ships' officers granted under that Act) shall apply in relation to certificates of qualification as they apply in relation to certificates of competency of ships' officers granted under that Act.

GIVEN under my Official Seal, this 13th day of May, 1957.

SE?N F. LEMASS,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

These Regulations:

1. Provide for the grant of certificates of qualification as Able Seamen and lay down the standards required for the grant of such certificates.

2. Prescribe the date after which a seaman shall not be engaged as an Able Seaman on any Irish ship unless he is the holder of such a certificate.