Vessels – Safety Training) (Jersey) Order 2004
THE HARBOURS AND
AIRPORT COMMITTEE, in pursuance of Article 89 of the Shipping (Jersey) Law 2002, orders as follows –
Commencement [see endnotes]
this Order, except where the context otherwise requires –
means an instructor approved by the Secretary of State for the purpose of the Fishing Vessels (Safety Training)
Regulations 1989 of the United Kingdom;
“approved training course”
means, in relation to any subject specified in Article 2(1), a course
under the control of an approved instructor, covering the syllabus specified in
Merchant Shipping Notice M1367 for that subject;
“certificated deck officer”
and “certificated engineer officer” mean officers who hold
certificates of competency issued pursuant to the Fishing Vessels (Certification of Deck Officers
and Engineer Officers) Regulations 1984 of the United Kingdom;
“Merchant Shipping Notice”
means a notice described as such issued by the Secretary of State or his or her
“Sea Fish Industry Authority”
means the authority constituted under section 1 of the Fisheries Act 1981 of the United Kingdom;
“Secretary of State”
means one of Her Majesty’s Principal Secretaries of State.
the purposes of this Order, the length of a fishing vessel shall be its
register length shown in the certificate of registry issued in respect of it
under the Registration Regulations.
the context otherwise requires, a reference in this Order to Regulations of the
United Kingdom or to a Merchant Shipping Notice is a reference to those Regulations
or that Notice as amended from time to time or to such Regulations or Notice,
as the case may be, as replace them.
for safety training
person must not be employed or engaged on a fishing vessel unless the person is –
certificated deck officer or a certificated engineer officer;
holder of a valid certificate issued by the Sea Fish Industry Authority that
certifies that the person has undergone an approved training course in basic
survival at sea, basic fire-fighting and prevention, and basic first aid;
holder of a valid certificate which, in the opinion of the Harbour Master,
certifies that the person has undergone training in the subjects referred to in
sub-paragraph (b) that is equivalent to or superior to the training
mentioned in that sub-paragraph; or
person exempted under Article 4 who is being employed or engaged in
accordance with the terms of the exemption.
Article does not apply to a fishing vessel that is less than 8 metres long
until 28th November 2004.
If a person goes to sea on a fishing vessel in contravention of Article
person shall be guilty of an offence and liable to a fine of level 2 on
the standard scale or, if the person is the skipper or an owner of the vessel,
a fine of level 3 on the standard scale; and
skipper and each owner of the vessel (except the skipper in respect of a
contravention of Article 2 by the skipper) shall be guilty of an offence
and liable to a fine of level 3 on the standard scale.
The Minister may grant a person or a class of persons an exemption
from the requirement in Article 2 on such terms as the Minister may
specify and may alter or cancel any such exemption or its terms.
This Order may be cited as the Shipping (Fishing
Vessels – Safety Training) (Jersey) Order 2004.