Merchant Shipping (Maritime Labour Convention) (Training and Certification of Cooks and Catering Staff) Regulations 2014

No. S 179

Merchant Shipping
(Maritime Labour Convention) Act 2014

(ACT 6 OF 2014)

Merchant Shipping (Maritime Labour
Convention) (Training and Certification of
Cooks and Catering Staff) Regulations 2014

In exercise of the powers conferred by section 82 of the Merchant Shipping (Maritime Labour Convention) Act 2014, the Maritime and Port Authority of Singapore, with the approval of the Minister for Transport, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Merchant Shipping (Maritime Labour Convention) (Training and Certification of Cooks and Catering Staff) Regulations 2014 and shall come into operation on 1st April 2014.

Definitions

2. In these Regulations, unless the context otherwise requires —

“catering department” means the galley, mess rooms and any other areas on board intended or used for the storage or preparation of food for seafarers or the service of meals to seafarers;

“catering staff” has the same meaning as in section 26(2) of the Act;

“qualified ship’s cook” has the same meaning as in section 26(2) of the Act;

“STCW Convention” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended on 25th June 2010 and any amendment thereto which has come into force and has been accepted by the Government;

“trainee cook” means a person who is not a qualified ship’s cook but is undergoing instruction in the duties of a ship’s cook.

Application

3. These Regulations shall apply to —

(a)	all Singapore ships ordinarily engaged in commercial activities wherever they may be; and
(b)	all seafarers employed on ships referred to in paragraph (a).

Holding of certificate

4. Any certificate required to be held by a qualified ship’s cook shall be kept available by the master or shipowner in its original form on board the ship on which the qualified ship’s cook is serving.

Requirements for issue of certificate of proficiency as ship’s cook

5.—(1) No person shall be issued a certificate of proficiency as a ship’s cook unless he is 18 years of age and above and has been certified as medically fit in accordance with section 7 of the Act, and —

(a)

he has attained all the following qualifications:

(i)	has completed basic safety and security training in accordance with regulations VI/1 and VI/6 of the STCW Convention;
(ii)	has successfully completed cook’s training in an institute which has been conducted in accordance with paragraph (2);
(iii)	has served at sea for not less than 6 months as a catering staff or a trainee cook performing service relevant for the issue of cook’s certificate; or

(b)

he holds such qualification and experience which the Director may recognise as being substantially equivalent to any qualification or experience referred to in sub‑paragraph (a).

(2) A training course for cooks shall cover practical cookery, food and personal hygiene, food storage, stock control, environmental protection and catering health and safety and such other areas as may be determined by the Director.

(3) An application by a person under section 27 of the Act for a certificate of proficiency as ship’s cook, shall be made in writing and be accompanied by such documents as may be necessary to establish to the satisfaction of the Director that the applicant meets the criteria prescribed in paragraph (1).

(4) The Director may publish the areas determined by him under paragraph (2) in such manner as he thinks fit.

Recognition of ship’s cook certificate

6.—(1) The Director may, at his discretion and upon such conditions as he may determine, recognise any valid certificate attesting the completion of training of ships’ cooks issued by or on behalf of or recognised by a foreign maritime administration, as being equivalent to a certificate of proficiency as a ship’s cook issued under the Act.

(2) The recognition of any certificate issued by or on behalf of or recognised by a foreign maritime administration is subject to the condition that the Director is satisfied that the holder of the certificate is a fit and proper person to be employed on a Singapore ship.

(3) The list of foreign maritime administrations whose certificates are recognised by the Director under paragraph (1) shall be published by the Director in such manner as he thinks fit.

Cancellation or suspension of certificate of proficiency and cessation of recognition of ship’s cook certificate

7.—(1) Subject to paragraph (2), the Director may cancel or suspend a certificate of proficiency as a ship’s cook or cease to recognise a ship’s cook certificate if the Director is of the opinion that the holder of the certificate —

(a)	is not a fit and proper person to be employed on a Singapore ship;
(b)	has breached any condition upon which his certificate is issued; or
(c)	has failed to comply with any of the provisions of these Regulations.

(2) The Director shall issue a written notice to the holder of a certificate informing the holder of the Director’s intention to —

(a)	cancel or suspend his certificate of proficiency as a ship’s cook; or
(b)	cease to recognise his ship’s cook certificate.

(3) The notice referred to in paragraph (2) shall state the reasons for the proposed cancellation, suspension or cessation of recognition of the certificate and shall give an opportunity for the holder of the certificate to show cause, within the period specified in the notice, why his certificate should not be cancelled, suspended or cease to be recognised, as the case may be.

(4) Where the Director is satisfied that no cause or insufficient cause is shown, the Director shall issue a written notice to the holder of the certificate informing him that his certificate of proficiency as a ship’s cook will be cancelled or suspended or his ship’s cook certificate will cease to be recognised, as the case may be, from a specified date and giving the reasons for the Director’s decision.

(5) The holder whose certificate has been cancelled or suspended or ceased to be recognised under this regulation shall not, before the expiry of the time specified in paragraph (7) for the lodging of an appeal, be required to surrender his certificate or any endorsement of the Director attesting to the recognition of his certificate, unless the Director requires otherwise.

(6) Any person who fails to surrender his certificate or any endorsement of the Director attesting to the recognition of his certificate, within the time specified by the Director where the Director has required its surrender under paragraph (5), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(7) Any person aggrieved by any decision of the Director to cancel or suspend his certificate of proficiency as a ship’s cook or cease to recognise his ship’s cook certificate may, not later than 30 days after the date of the notice referred to in paragraph (4), appeal, in writing, to the Minister whose decision shall be final.

(8) An appeal made under paragraph (7) shall not operate as a stay of the decision of the Director to cancel or suspend the appellant’s certificate of proficiency as a ship’s cook or cease to recognise his ship’s cook certificate unless the Director consents in writing.

Training requirements for catering staff

8. Every member of the catering staff on a ship shall be properly trained and instructed in the subjects and matters specified in the training syllabus set out in the Schedule.

Holder of certificate with disease or disability

9.—(1) Where the Director is satisfied that the holder of a certificate of proficiency as a ship’s cook or a ship’s cook certificate is suffering from a disease or disability which, in the opinion of the Director, makes the holder incapable of adequately discharging his duties as a qualified ship’s cook, the Director may issue a written notice to the holder —

(a)	to immediately suspend his certificate of proficiency;
(b)	to cancel his certificate of proficiency (which may include a certificate which had been suspended earlier) from a specified date; or
(c)	to immediately cease to recognise his ship’s cook certificate.

(2) The written notice referred to in paragraph (1) shall state the reasons for the suspension, the proposed cancellation or the cessation of recognition of the certificate and shall give an opportunity for the holder of the certificate to show cause, within the period specified in the notice, why his certificate should not be suspended, cancelled or cease to be recognised.

(3) The holder of the certificate who is given an opportunity to show cause may do so in writing addressed to the Director or may, at the discretion of the Director, appear before an authorised officer appointed by the Director to investigate the matter.

(4) Where the Director is satisfied that no cause or insufficient cause is shown, the Director shall issue a written notice to the holder of the certificate informing him that his certificate of proficiency as a ship’s cook will be cancelled from a specified date, or remain suspended or that his ship’s cook certificate will continue to cease to be recognised, and giving the reasons for the Director’s decision.

(5) The holder of the certificate that has been suspended, cancelled or ceased to be recognised shall, as soon as practicable after being so required by the Director, surrender to the Director his certificate or any endorsement of the Director attesting to the recognition of such certificate.

(6) Any person who contravenes paragraph (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Loss of certificate

10. If the holder of a certificate of proficiency as a ship’s cook proves to the satisfaction of the Director that he has, without fault on his part, lost or been deprived of his certificate, the Director may, upon payment of the prescribed fee, issue to him —

(a)	a certified copy of the certificate; or
(b)	a certificate equivalent to the certificate which he lost or has been deprived of.

Cancellation of certificate upon death of holder

11.—(1) Every valid certificate of proficiency as a ship’s cook issued by the Director under these Regulations shall, as soon as practicable after the death of the person to whom the certificate was issued, be surrendered by the master or shipowner to the Director for cancellation.

(2) A master or shipowner who, without reasonable excuse, fails to comply with paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Made this 12th day of March 2014.

LUCIEN WONG

Chairman,
Maritime and Port Authority of Singapore.

[MPA 46/11.C04.V01/LSK; AG/LLRD/SL/180A/2013/4 Vol. 1]

Search within Legislation