
PART I
1 

(1) These Regulations may be cited as the 
Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations
1984 and shall come into operation (a) for
the purposes of Parts I (except 
regulation 1(3)) and III,
on 1st September 1984 and (b) for all other purposes, on 1st January 1987.

(2) In these Regulations:
 “the Act of 1894”
means the 
Merchant Shipping Act 1894;
 “the Act of 1970”
means the Merchant Shipping
Act 1970;
 “the Act of 1979”
means the Merchant Shipping
Act 1979;
 “fishing vessel”
means a vessel for the time being employed in sea fishing
but does not include a vessel used otherwise than for profit;

 “length”
in relation to a fishing vessel, means the length shown
on the vessel's certificate of registry;
 “limited area”
means any location within the area bounded by a line
from a point on the Norwegian coast in latitude 62°N due west to a point
62°N 3°W; thence to a point 58°N 10°W; thence to a point 53°N
12°W; thence to a point 49°N 12°W; thence to a point 46° 30′N
6°W and thence due East to the French coast;
 “Merchant Shipping Notice”
 means a Notice described as such issued
by the Secretary of State;
 “propulsive power”,
means in relation to a fishing vessel, the brake or
shaft power specified in either the vessel's certificate of registry or the
record of particulars of a United Kingdom fishing vessel required by Rule 125(2) of
the Fishing Vessel (Safety Provisions) Rules 1975;
in either case the power so defined shall be the total continuous rated brake
or shaft power of all the propulsion engines, irrespective of whether some
of the power may be diverted from the propulsion shafts or whether or not
all the power is normally used;
 “specified by the Secretary
of State” means specified in the
Department of Transport Merchant Shipping publications entitled “Examinations
for Certificates of Competency for Fishing Vessels: Deck Officer Requirements
Syllabuses and Specimen Papers” and “Examinations for Certificates
of Competency for Fishing Vessels: Marine Engineer Officer Requirements Syllabuses
and Specimen Papers” both to be published by Her Majesty's Stationery
Office, or in any document amending or replacing those publications which
is specified in a Merchant Shipping Notice;
 “United Kingdom ship”
 has the same meaning as in 
section 21(2) of the Act of 1979;

 “unlimited area”
means any location not within the limited area.

(3) The 
Merchant Shipping (Fishing Boats) Order 1948,
the Merchant Shipping (Fishing
Boats) (Amendment) Order 1976 and the Merchant Shipping (United Kingdom
Fishing Vessels: Manning) Regulations 1980
are hereby revoked.
2 
The Secretary of State may grant exemptions from all or any of
the provisions of these Regulations (as may be specified in the exemption)
for classes of cases or individual cases on such terms (if any) as he may
so specify and may, subject to giving reasonable notice, alter or cancel any
such exemption.
PART II
3 
Every United Kingdom ship, being a sea-going fishing vessel or
Government fishery research vessel which:
(a) operates in the unlimited area; or
(b) being 16.5 metres length or more, operates
in the limited area, of a description set out in 
column 2 of Table 1 when going to sea to the
fishing area set out in relation to that description of vessel in column 1
of the said Table shall carry at least such number of qualified officers as
are set out in column 3 of that Table.

Column
1 Column
2 Column 3
Fishing area Length of vessel 
Minimum number of qualified deck officers to be carried

Class 1 (Fishing Vessel) Certificate Class 2 (Fishing Vessel) Certificate Class 3 (Fishing Vessel)
Certificate
Unlimited 40 metres and over 2 
1 Not applicable


Unlimited 
Under 40 metres 
1 1 Not applicable
Limited 30 metres and over 1 1 Not applicable
Limited 24 metres or more but under 30
metres –
 1 1
Limited 16.5 metres or more but
under 24 metres 
– 
1 –

4 
Every United Kingdom ship, being a sea-going fishing vessel or
Government fishery research vessel which has a propulsive power of 750 kilowatt
or more, when going to sea shall carry at least two qualified engineer officers,
namely a chief engineer holding a Class 1 (Fishing Vessel) Certificate, and
a second engineer holding a Class 2 (Fishing Vessel) Certificate.
5 

(1) For the purposes of these Regulations
an officer shall be qualified if he is the holder for the time being of a
certificate of competency issued under these Regulations, or of a certificate
which is to be treated as equivalent to such a certificate by virtue of these
Regulations and, at the material time, such certificate is in force in relation
to the person named in it and is of a type (whether deck or engineer) and
class appropriate to the officer's capacity in the vessel.
(2) The provisions of 
regulations 3 and 4,
insofar as they impose a requirement with respect to the carrying in a vessel
of a qualified officer who is the holder of a certificate of competency issued
under these Regulations of a particular class, shall be treated as complied
with if the officer who is carried in pursuance of that requirement is the
holder of a certificate of competency issued under these Regulations of a
higher class or of a certificate which is to be treated as equivalent to such
a certificate of a higher class by virtue of these Regulations.
PART III
6 

(1) Certificates of competency issued in
accordance with these Regulations shall be of the following classes, that
is to say:
(a) Deck Officer Certificate of Competency
(Fishing Vessel) Class 1Deck Officer Certificate of Competency (Fishing Vessel) Class 2
Deck Officer Certificate of Competency (Fishing Vessel) Class 3;

(b) Engineer Officer Certificate of Competency
(Fishing Vessel) Class 1Engineer Officer Certificate of Competency (Fishing Vessel) Class
2.
(2) For the purposes of these Regulations,
a certificate of competency of a class set out in the list contained in either 
paragraph (a) or paragraph (b)
above shall be treated as being a certificate of a higher class than a certificate
of any class which is set out after it in that list.
7 

(1) An existing certificate of competency
granted under section 414
of the Act of 1894 shall be deemed for the purposes of these Regulations and
of sections 43 to 60, 
75(2) and 92
of the Act of 1970 to be a certificate of competency issued under 
section 43 of the Act of 1970 and such a certificate
of a class set out in column 1 of Table 2
shall be treated as equivalent to a certificate of competency issued under
these Regulations of a class set out opposite thereto in column 2 of that
Table.

TABLE 2
Column 1
 Column 2
Class of 1894 Certificate
 Equivalent Class of Certificate of competency
(Deck Officer) issued under these Regulations
Skipper (Full) 
Class 1
Second Hand (Full)
 Class 1 restricted to use as second
in command
Skipper (Limited)
 Class 1 in the limited area; Class 2
in the unlimited area
Second
Hand (Special) Class 2 in the limited
area only
Second Hand (Limited)
 Class 2 in the limited area only, restricted
to use as second in command
(2) Deck officer certificates of service
of a description set out in column 1 of Table
3 may be issued in accordance with these Regulations
and such a certificate shall be treated as equivalent to a deck officer certificate
of competency issued under these Regulations of the class set out in column
2 of that Table opposite that description of certificate of service.

TABLE 3
Column 1
 Column 2
Certificate of Service Equivalent class of certificate of competency (Deck
Officer) under these Regulations
Skipper in vessels of less than 25 tons but 16.5 metres
or more in the limited area Class 2 in
the limited area
Third Hand
in vessels of 40 metres or more Class
2 in the unlimited area restricted to service as watchkeeping officer but
not as first or second in command; Class 3 in the limited area
Second Hand in vessels of less than 50
tons but of 25 tons or more or of 16.5 metres or more Class 3 in the limited area
(3) Engineer officer certificate of service
class 1 and class 2 may be issued in accordance with these Regulations and
any such certificate shall be treated as equivalent to an engineer officer
certificate of competency issued under these Regulations of the corresponding
numbered class.
8 

(1) Subject to 
paragraph (3) below:
(a) the standards of competency to be attained
and the conditions to be satisfied by a person before he may be issued with
a certificate of competency under these Regulations, including any exceptions
applicable with respect to any such standards or conditions;
(b) the manner in which the attainment of
any such standards or the satisfaction of any such conditions is to be evidenced;
and
(c) the conduct of any examination for that
purpose and the conditions of admission theretoshall be such as may be specified by the Secretary of State either
in relation to certificates of competency in general or to a particular class
as may be so specified.
(2) Subject to the proviso to this paragraph
and to paragraph (3)
below;
(a) a person applying to be issued with a
deck officer's certificate of service shall produce such evidence as the Secretary
of State may require that—
(i) he has served at sea as a skipper or
officer in charge of a navigational watch in a vessel specified in 
regulation 3 of these Regulations prior to
23rd July 1984 and for a period of at least 3 years during the period of 10
years immediately preceding 1st January 1987;
(ii) he has served for 12 months of such
service in the capacity appropriate for the certificate for which application
is made; and
(iii) his conduct during the said 12 months
and during the last 12 months of sea service in a watchkeeping capacity if
that was not the same period was satisfactory;
(b) a person applying to be issued with an
engineer officer certificate of service shall provide such evidence as the
Secretary of State may require that—
(i) he has served at sea in an engineering
capacity in a vessel specified in regulation
4 for a period of at least 3 years during the
period of 10 years immediately preceding 1st January 1987;
(ii) he has served for 12 months of such
service in the capacity appropriate for the certificate for which application
is made; and
(iii) his conduct during the said 12 months
and during the last 12 months of sea service in a watchkeeping capacity if
that was not the same period was satisfactory:Provided that, notwithstanding that the conditions set
out in sub-paragraphs (a)
or (b) above have not been
complied with, the Secretary of State, taking into account the circumstances
in a particular case, may where he is satisfied that those conditions have
been substantially complied with, issue a certificate of service subject to
any limitation as to operating area which may be endorsed on that certificate
in the particular case.
(3) Notwithstanding that an applicant for
a certificate of competency or a certificate of service complies with the
standards or fulfils the conditions specified by, or by virtue of, the foregoing
provisions of this regulation, the Secretary of State shall not issue the
certificate applied for unless he is satisfied, having regard to all the relevant
circumstances, that the applicant is a fit person to be the holder of the
certificate and to act competently in the capacity to which it relates. If
the Secretary of State intends to refuse the issue of a certificate to any
such applicant on either of these grounds he shall give notice in writing
to the applicant who shall have the right to make representations to the Secretary
of State.
9 

(1) Certificates of competency and certificates
of service shall be issued in duplicate, on receipt of any fee payable, the
original to be delivered to the person entitled to the certificate and the
duplicate to be retained by the Secretary of State.
(2) A certificate shall remain valid for
sea-going service only so long as the holder can comply with the standards
and conditions as to medical fitness and competency to act in the appropriate
capacity specified by the Secretary of State.
(3) A record of all certificates of competency
and of all certificates of service issued under these Regulations and of the
suspension, cancellation or alteration of, and any other matters affecting,
any such certificate shall be kept, in such manner as the Secretary of State
may require, by the Registrar General of Shipping and Seamen or by such other
person as the Secretary of State may direct.
(4) Where the holder of a certificate of
a particular class issued under these Regulations is issued with such a certificate
of a higher class, he shall surrender the first-mentioned certificate to the
Secretary of State, or to such person as the Secretary of State directs, for
cancellation.
(5) Where a person is convicted of an offence
under section 43(5)
of the Act of 1970, or where a certificate is issued and the conditions for
its issue specified by, or by virtue of, these Regulations have not been complied
with, then the holder of the relevant certificate shall at the direction of
the Secretary of State deliver it to the Secretary of State, or such person
as the Secretary of State directs, for cancellation.
10 
If a person entitled to a certificate of competency or a certificate
of service proves to the satisfaction of the Secretary of State that he has,
without fault on his part, lost or been deprived of a certificate already
issued to him, the Secretary of State shall, and where he is not so satisfied
may, upon receipt of any fee payable, cause a copy of the certificate to which
the said person appears to be entitled to be issued to him. Any such copy
shall, before it is so issued, be certified as such by the Registrar General
of Shipping and Seamen or, as the case may be, by such person as the Secretary
of State may have directed to keep the record referred to in 
regulation 9(3) above.
PART IV
11 

(1) No person shall act in a capacity which
requires a certificate of competency or certificate of service under the Regulations
unless he holds an appropriate certificate:Provided that in the event of the death or incapacity
of any officer required to be certificated under these Regulations, a deck
officer or engineer officer, as appropriate, who is not certificated to act
in that capacity may act in the certificated capacity until the vessel reaches
the next intended port of call.
(2) Except in the case of vessels of less
than 24 metres in length operating in the limited area, the skipper shall
not permit any person to be in charge of a navigational watch unless that
person holds a certificate of competency or certificate of service of the
class required by these Regulations to be held by a deck officer required
to be carried in that vessel at that time.
(3) No person shall appoint any other person
to act in a capacity for which he is not duly qualified in accordance with
these Regulations.
12 
Any contravention
(a) by any person of 
regulation 11(1) or (3)
of these Regulations, or
(b) by any skipper of 
regulation 11(2) of these Regulations,
shall be an offence punishable on summary conviction by
a fine not exceeding £2,000 and on conviction on indictment by imprisonment
for a term not exceeding two years and a fine.
Nicholas Ridley
Secretary of State for Transport
23rd July 1984