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

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

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Proposed text

—(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.

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