I have published today (12 May 2022) as draft Merchant Shipping (Training, Certification and Watchkeeping Standards) Regulations 2022 and an accompanying draft explanatory memorandum.

The draft regulations repeal and replace the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 (SI 2015/782) to implement the standards of training, certification and watchkeeping for seafarers contained in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (“the STCW Convention’).

The draft regulation is published for 28 days. At the end of this period, and after taking into account any comments on the draft regulations, the latter will be submitted for the approval of each Chamber of Parliament.

This procedure is required under paragraph 14 of Schedule 8 to the European Union (Withdrawal) Act 2018 as that regulation repeals an instrument which was made, in part, under section 2(2 ) of the European Communities Act 1972.

Further details on why the amendments are necessary and the effect they will have on retained EU law are set out in the annex to the draft explanatory memorandum.

The draft regulations replace existing legislation providing for the training of seafarers and will implement the latest seafarer training requirements in the STCW Agreement. This provision relates to new requirements for seafarers serving on board ships subject to the International Code of Safety for Ships Burning Gases or Other Low Flashpoint Fuels (IGF) and passenger ships.

The implementation of these changes to the STCW The convention ensures that seafarers on board these types of specialist vessels can undergo the additional training required and be issued with the necessary certification to demonstrate the appropriate level of competence. This will allow British seafarers to take up employment on these types of ships.

The draft regulations contain additional provisions to ensure greater compliance with training requirements for seafarers. The definition of “seafarer” has been clarified to ensure that all persons engaged in the operation or the navigation of a pleasure craft to which the draft regulation applies (length of 24 meters or more or 80 GT or more) are included in the definition.

The supply and quality of training have been reviewed to enable the State Secretariat for Transport not only to approve a training provider, but also to suspend or cancel the approval. This is necessary because the STCW The Convention places an obligation on governments to ensure that training providers provide all training in accordance with the requirements of the Convention.

The amendments contained in the bill also allow the government to recoup the costs of approving training providers who provide seafarer training.

The proposed regulations aim to achieve the objectives of the government’s Maritime 2050 strategy to modernize and grow the UK maritime sector, including alternative training provision for engineers on small vessels. This will support UK industry and boost employment opportunities for UK seafarers.

In addition, an express provision providing for training of seafarers equivalent to that of the STCW The convention will help relevant sectors of industry avoid being unnecessarily burdened with burdensome certification requirements while modernizing and updating training and certification in the UK.

The draft regulations also include an ambulatory reference provision to ensure that future changes to the STCW The convention referred to in the draft regulations will automatically become UK law when it enters into force internationally.

As required by the Rules, a Ministerial Statement will be provided to both Houses of Parliament prior to any changes to the STCW Convention referenced in the regulations, prior to its coming into force in UK law through the ambulatory reference provision.

The draft regulations and accompanying draft explanatory memorandum are available on GOV.UK.