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Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Merchant Shipping (Training, Certification and Safe Manning) Regulations, 2021

Part 1 : General

7. Authority of Officers appointed under the Act or these Regulations

 

(1) The principal officers, or the proper officers, as appropriate, have the authority to—
(a) apply Parts 6, 7 and 8 of these Regulations, including issuing exemptions as required: Provided that when an exemption is issued to a group of ships, it shall—
(i) be issued subject to the consensus of the Chief Examiner and be published in the Government Gazette; and
(ii) take into account the impact of such exemption on the safety of life and property at sea, as well as the prevention and combating of marine pollution;
(b) suspend, cancel or revoke accreditation or approval issued under these Regulations.

 

(2) The Senior Examiners have the Authority to—
(a) assess alternative or equivalent sea service which is assessed as not suitable by the examiner with a view to determine if it meets the requirement of ‘approved sea service' and determine the extent to which that sea service is appropriate for certification and/or revalidation of a certificate;
(b) assess and make a determination on any service claimed to be 'equivalent' service for revalidation of a certificate;
(c) issue a certificate of accreditation and approval in accordance with these Regulations, as well as suspend, cancel, revoke or extend the accreditation and/or approval issued under these Regulations;
(d) determine the qualifications and experience of lecturers, facilitators and assessors as may be required from time to time;
(e) determine the suitability of a candidate to be assessed at Level 3 for the issuance of a dispensation; and
(f) review the appropriate sea service penalty, or equivalent penalty, imposed by the examiner from the Level 3 assessment, as well as for the misconduct of the candidate as set out in Regulation 20: Provided that—
(i) the outcome of the level 3 assessment may not be reviewed;
(ii) a review may not result in an increase in the penalty;
(iii) where the examiner is requested to impose an alternative penalty, such penalty shall be appropriate to ensure that the candidate attains the skills and knowledge found to be lacking during the level 3 assessment.

 

(3) The Chief Examiner has the powers contemplated in subregulation (2) and makes the final determination on matters related thereto.

 

(4) Application for assessment of training programmes to be accredited under regulation 13 shall be approved by the Chief Examiner.

 

(5) The Chief Examiner, or a person designated by him/her, has the powers to make determinations on any matters regarding the assessments as set out in these Regulations.

 

(6) The Quality Standards System, must authorise the exercise of the powers contemplated in this regulation and must ensure a fair and just application of the Regulations.