Antigua and Barbuda Merchant Shipping (Amendment) (No 2) Act 2001

Link to law: http://laws.gov.ag/acts/2001/a2001-7.pdf

and Barbuda Merchant 1 ANTIGUA
Shipping (Amendment) (No. 2) Act, 2001 AND

BARBUDA

[ L.S. ]

I Assent.

James B. Carlisle
Governor-General.

27th April, 2001

ANTIGUA AND BARBUDA

No. 7 of 2001

AN ACT to amend the Antigua and Barbuda Merchant Ship-
ping Act

[ 27th April, 2001 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows:-

1. This Act may be cited as the Antigua and Barbuda Shorttitle.
Merchant Shipping (Amendment) (No. 2) Act, 2001

2. The Antigua an Barbuda Merchant Shipping Act, Cap. 28, Repeal and
in this Act referred to as the principal Act is amended as follows
- Section 63 of the principal Act is repealed and substituted by sectlon 63.

the following -

"Dispensation 63 (1) The Minister may, in circumstances of
exceptional to a seafarer who is adequately
qualified, to serve in a specified ship for a
period not exceeding six months in a capacity
for which he does not hold appropriate certifi-
cate, but holds a recognised certificate to
enable him to serve competently in the post

ANTIGUA 2 The Antigua and Barbuda Merchant No. 7 of 2001.
AND Shipping (Amendment) (No. 2) Act, 2001

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immediately below the post in respect of
which the grant of the dispensation permits
him so serve.

(2) No dispensation shall be granted to a
seafarer to serve in the capacity of -

(a) a radio officer or a radio telephone
operator, except as provided by the
relevant Radio Regulations;

(b) a master or chief engineer officer,
except in circumstances of force
mjeure and for the shortest period
only.

(3) Where the Convention does not require
a certification of the post immediately below
the post in respect of which the grant of
dispensation permits service, a dispensation
may be granted to a person who, in the
opinion of Antlgua and Barbuda Administra-
tion and the company, possesses the qualifi-
cation and experience equivalent to the re-
quired qualification and experience of the
vacant post.

(4) Where such a person as is mentioned in
subsectim (3) does not hold the appropriate
ce~ifica*, he shall be required to pass a test
which the htigua and Ek&u& Administra-
tien mcogniees as satisfykg the qualification
for the grant of dispensation.

(5) The Antigua and Barbuda Administra-
tion shall endeavour to fill such vacant post as
is mentioned in sub-section (4) without de-
lay.

(6) The Antigua and Barbuda Administra-
tion shall, after the 1st of January of each
year, submit to the Secretary General a report
of -

No. 7 of 2001. The Antigurr ant/ Burhutl[l Mrrchunt 3 ANTIGUA
Shipping (Amendment) (No. 2) Act, 2001 AND

BARBUDA

(a) the total number of dispensations
granted for that year to seagoing
ships in respect of each capacity for
which a certificate is required; and

(b) the number of such seagoing ships
above and below 3000 GT respec-
tively."

3. Section 72 of the principal Act is repealed and substi- Repeal and
tuted by the following -

"Examinationand 72 (1) The Minister shall, on the coming
assessmentof into force in Antigua and Barbuda of the
seafarers. provisions of the Convention affecting the

implementation of examination and assess-
ment of seafarers, make regulations in accor-
dance with Article VI and Regulation 116 of
the Convention as amended from lime to time
respecting -

(a) the appropriate level for granting
certificates;

(b) the qualifications required of per-
sons desirous of obtaining compe-
tency for the different grades;

(b) the appointment of persons for the
purpose of conducting in-service
assessment or examination of com-
petence of a seafarer who -

(i) has the appropriate knowl-
edge;

(ii) is qualified in the task for
which the assessment or ex-
amination is being made;

Substitution of
section 72.

(iii) has received appropriate guid-
ance in assessment or exami-
nation methods and practice;
and

ANTIGUA 4 The Antigua and Barbuda Merchant No. 7 of 2001.
AND Shipping (Amendment) (No. 2) Act, 2001

BARBUDA

(iv) in case of using a simulator,
has the appropriate experi-
ence in the type of simulator
used;

(v) The appointment of examin-
ers and determine the dates
and place of assessment or ex-
amination and other matters
connected with the conduct of
assessment or examination of
competency;

(vi) the provision for the delivery
of certificates to successful
candidates by duly authorised
persons;

(vii) the re-assessment or examina-
tion of candidates in accor-
dance with the standards pro-
videdby the Convention where
the Minister has reason to be-
lieve that the report of the ex-
aminer or assessor has been
duly made;

(viii) the fees to be paid by candi-
dates appearing for examina-
tion or assessment.

(2) Antigua and Barbuda shall not accept seafarers for
service on Antigua and Barbuda registered vessels, unless the
Administration is satisfied that -

(a) the parties which conduct national
training and assessment of seafarers
conduct such training and assess-
ment in full compliance with provi-
sions of the Convention;

(b) the training and assessment of sea-
farers, as required under the Con-
vention, are administered, super-

No. 7 of 2001. The Antigua and Barbuda Merchant 5 ANTIGUA
Shipping (Amendment) (No. 2) Act, 2001 AND

BARBUDA

vised and monitored in accordance
with the provisions of Section A -
I16 of the Code;

(c) the persons responsible for the train-
ing and assessment of competence
of seafarers as required under the
Convention are appropriately quali-
fied in accordance with the provi-
sions of Section A - I16 of the Code
for the type and level of training or
assessment involved."

4. Section 33 1 of the principal Act is repealed. Repeal ofsection
331.

Passed the House of Representatives Passed the Senate this 26th
this 11th day of April, 2001 day of April, 2001.

B. Harris,
Speaker.

S. Walker,
Clerk to the House of Representatives.

M. Percival,
President.

S. Walker,
Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Donovan Southwell, Government Printer

- By Authority, 2001.
8 0 0 -4 . 0 1 [ Price $2.60 ]
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