shall be of the same force as if they had been granted under the M. S. A. 1894, said Acts: 2. To declare that all the provisions of the said Acts which relate to certificates of competency for the foreign trade granted under those Acts, except : So much of the third sub-section of the twenty-third section of the Merchant Shipping Act Amendment Act, 1862, as requires, at the conclusion of a case relating to the cancelling or suspending of a certificate, such certificate, if cancelled or suspended, to be forwarded to the Board of Trade; and the whole of the provisions of the fourth sub-section of the same section: shall apply to such colonial certificates of competency as are in paragraph 1 of this Order referred to; provided, however, that in the case of New Zealand the foregoing exceptions shall not interfere with or suspend the operation of an Act of the Legislature of New Zealand, intituled the Merchant Shipping Act Adoption Act, 1869 (32 & 33 Vict. No. 5); and provided that section 139 of the Merchant Shipping Act, 1854, and section 10 of the Merchant Shipping Act Amendment Act, 1862, shall, for the purpose of their application to such certificates of competency as aforesaid, be construed as not referring to the Board of Trade, but as referring to the authority mentioned in the interpretation clause of Schedule A. to this Order, which granted the certificate which has been lost or is to be replaced: 3. To impose and make the regulations set out in the Schedule A. hereto, numbered 1 to 12 respectively, with respect to the said colonial certificates of competency, and to the use, issue, delivery, cancellation, and suspension thereof, and to impose for the breach of such regulations the penalties therein mentioned. 4. To revoke the conditions and regulations set out in the schedules to the said recited Orders in Council, and to substitute therefor the regulations set out in the Schedule A. hereto numbered 1 to 12 respectively, and to declare that, from and after the time when this Order takes effect, the regulations set out in the Schedule A. hereto shall apply to all colonial certificates that may heretofore have been or shall be hereafter granted as aforesaid. 5. To declare that this Order shall take effect in the said possessions respectively which are enumerated in the Schedule B. hereto immediately from and after the publication of this Order in such possessions respectively, and that all certificates granted in the said possessions subsequently to the dates named in the Schedule B. and before this Order comes into force, shall have the same effect, and be of the same value, and confer the same privileges on the holders thereof, as if granted after this present Order: 6. To direct that the said herein-before recited Orders in Council shall be revoked in each of the said possessions on the day on which this Order takes effect therein as provided in the preceding paragraph (5) hereof; provided, however, that the revocation of the said Orders in Council shall not affect or invalidate any colonial certificate of competency previously granted to which the said Orders in Council apply, or affect the validity or invalidity of anything done under the said Orders in Council before this Order takes effect or any obligation heretofore incurred. 8. 102. M. S. A. 1894, s. 102. 7. A copy of this Order shall forthwith, after the publication thereof in the "London Gazette" (f), be forwarded to the governor, lieutenant-governor, administrator, or head of the government of each of the said enumerated possessions, who shall, immediately upon the receipt of such copy, publish this Order, and the Secretary of State for the Colonies and the Secretary of State for India in council are hereby required to take order in that behalf. C. L. PEEL. SCHEDULE A. REGULATIONS With respect to the use, issue, delivery, cancellation, and suspension of colonial certificates of competency. Interpretation Clause. In the construction and for the purposes of these regulations, the following terms shall have the respective meanings hereinafter assigned to them, that is to say : "Colonial certificate of competency" or "colonial certificate" shall mean a certificate of competency granted under the authority of the legislature or legislative authority of one of the British possessions in Schedule B. hereto mentioned, to persons intending to act or acting as masters, mates, or engineers of British ships. 66 Authority" shall mean the governor, lieutenant-governor, administrator, head of the government, minister, board, body, or corporation of or in any British possession for the time being authorised by the legislature or legislative authority of such possession to grant colonial certificates of competency. Certificate" shall mean a certificate of competency. REGULATIONS. Form of Certificate. 1. A colonial certificate of competency shall be on parchment, and as nearly as possible similar in shape and form to the corresponding certificate of competency for the foreign trade granted by the Board of Trade under the Acts relating to merchant shipping. Name of Possession to be inserted. 2. A colonial certificate of competency shall have the name of the British possession in which the same is granted inserted prominently on its face and back. Certificates to be numbered consecutively. 3. The colonial certificates of competency granted in each British possession shall be numbered in consecutive order. (ƒ) This Order was gazetted on 15th May, 1893. List of Certificates granted, cancelled, &c. to be sent to Registrar- 4. The authority in each British possession shall furnish the Registrar-General of Seamen in London, from time to time, with accurate lists of all such colonial certificates of competency as may be granted therein, or as may, for any cause whatsoever, be cancelled, suspended, renewed, or re-issued; and shall also furnish him with duplicates of the applications for examination made by the persons to whom such certificates are granted. Certificates to be granted only upon proof of service at sea. 5. A colonial certificate of competency shall be granted only upon proof that the previous service at sea of the person applying for the same has been such as is required by the regulations for the time being in force in the United Kingdom with respect to certificates of the like grade. Certificates of competency granted contrary to this regulation, or upon any false, incorrect, or insufficient proof, certificate, or report of service, qualification, conduct, or character shall be regarded as improperly granted. Certificates not to be granted when former are cancelled. 6. A colonial certificate of competency shall not be granted to any person who may have had a certificate, whether granted by the Board of Trade or by the authority of a British possession, cancelled or suspended under the provisions of the said Acts or of any Act or Ordinance for the time being in force in any part of Her Majesty's dominions, unless (i.) in accordance with Regulation No. 7; (ii.) or the same is a certificate of a lower grade than the one so cancelled or suspended, and is issued upon the recommendation of the Court or authority which cancelled or suspended the original certificate; (iii.) or the period of suspension has expired; (iv.) or intimation has been received from the Board of Trade or the authority by whom the cancelled or suspended certificate was originally granted to the effect that no objection to the grant of such colonial certificate is known to exist. Before a certificate is returned in accordance with sub-section (iii.) any certificate which may have been granted temporarily or pending the suspension must be delivered up, and it shall be returned to the authority by whom it was granted. Colonial certificates of competency granted contrary to this regulation shall be regarded as improperly granted. Certificates which may be granted after a Certificate has been 7.—(1.) It shall be lawful for the governor or person administering the government of the British possession in which a certificate M. S. A. 1894, s. 102. 8. 102. M. S. A. 1894, has been cancelled or suspended, if, after full investigation of all (b) If the cancelled or suspended certificate was granted by the (d) If the cancelled or suspended certificate was granted by the (2.) If a colonial certificate is cancelled or suspended in the United Kingdom, the Board of Trade may, if in their opinion the justice of the case requires it, return or request the authority by whom such certificate was granted to return any certificate which has been cancelled or suspended, or shorten or request such authority to shorten the time for which it was suspended, or request such authority to issue a certificate of the same or any lower grade in place of the certificate which has been cancelled or suspended. (3.) Whenever the authority by whom a cancelled or suspended certificate was originally issued is requested by the governor or person administering the government of a British possession in accordance with section (1) of this regulation, or by the Board of Trade in accordance with section (2) of this regulation, to return any certificate which has been cancelled or suspended, or to shorten the time for which it is suspended, or to issue a certificate of the same or any lower grade in place of any certificate which has been so cancelled or suspended, the authority so requested as aforesaid 8. 102. shall forthwith return any certificate which has been cancelled or M. S. A. 1894, suspended or shorten the time for which it was suspended, or issue a certificate accordingly (as the case may be). (4.) In all cases in which the powers given by this regulation are exercised, a report of the case shall be sent by the governor or person administering the possession in which the powers are exercised to the authority by whom the cancelled or suspended certificate was granted. Certificates improperly granted may be cancelled without formal investigation. 8. A colonial certificate of competency which appears from information subsequently acquired, or otherwise, to have been improperly granted, may (without any formal investigation, under the Merchant Shipping Act, 1854, or the Acts amending the same) be cancelled by the authority by which the same was granted, or by the Board of Trade in the United Kingdom, and the holder of such certificate shall thereupon deliver it to the Board of Trade or such authority, or as they or either of them may direct, and in default thereof shall incur a penalty not exceeding fifty pounds, which shall be recoverable in the manner in which penalties imposed by the Acts relating to merchant shipping are thereby made recoverable, or in such other summary proceedings as the law of any British possession where the holder may be may allow or permit to be brought for the recovery thereof. Cancellation, &c. of a Certificate shall involve cancellation of all the other Certificates possessed by its Owner. 9. Every decision with respect to the cancellation or suspension of a certificate pronounced by any board, court, or tribunal under the provisions of the said Acts, shall, unless otherwise directed, extend equally to all the colonial certificates at the time possessed by the person in respect of whom the decision is made. Certificates believed to be fraudulent may be demanded. 10. Any officer of the Board of Trade, or the Registrar-General of Seamen, or any of his officers, or a superintendent of a mercantile marine office, or a consular officer, or duly appointed shipping officer in a British possession, may demand the delivery to him of any colonial certificate of competency which he has reason to believe has been improperly issued, or is forged, altered, cancelled, or suspended, or to which the person using it is not justly entitled, and may detain such certificate for a reasonable period for the purpose of making inquiries respecting such issue, forgery, alteration, cancellation, suspension, or possession, and any person who, without reasonable cause, neglects or refuses to comply with such demand shall incur a penalty not exceeding twenty pounds or its equivalent in local currency, which shall be recoverable in the manner in which penalties imposed by the Acts relating to merchant shipping are thereby made recoverable, or in such other summary proceedings as the law of any British possession where such person may be may allow or permit to be brought for the recovery thereof. |