BOAT SAFETY SCHEME EXAMINER CONDITIONS OF REGISTRATION [Version April 2017]
1.0 Introduction, scope and binding nature of the BSS Examiner Conditions of Registration
1.1 The BSS Examiner Conditions of Registration (the “Conditions”) regulate the activities and responsibilities of BSS Examiners.
1.2 Examiners are independent practitioners authorised by the BSS to examine vessels for the purpose of determining compliance with prescribed BSS technical requirements and, where appropriate, issue BSS Certifications (BSSCs).
1.3 For the purposes of these Conditions the term BSS Examiner means any person authorised by the BSS to issue BSSCs. (the “Examiner(s)”)
1.4 For the purposes of these Conditions the term BSS Examination (the “Examination”) includes any and all contractual activities undertaken by Examiners specifically concerning the BSS, its requirements and the issue of BSSCs.
1.5 As a condition of their agreement to participate in the BSS, Examiners are bound by these Conditions.
2.0 Examiners Duty to the Boat Safety Scheme
2.1 Examiners have a duty to the BSS and to the participating Navigation Authorities to carry out BSS Examinations in a competent manner using reasonable care and skill.
2.2 Examiners must follow all the procedures, instructions and guidance as published on the BSS Examiner support website.
3.0 Ensuring integrity
3.1 Examiners must act fairly and honestly in their activities connected with the BSS.
3.2 Examiners must not make any statement and/or perform any act which may harm, bring into disrepute, lessen or otherwise reflect adversely upon the integrity, reputation or goodwill of the BSS or participating Navigation Authority.
3.3 Examiners must uphold and must not knowingly or negligently misrepresent the BSS technical and other requirements of the BSS and the registration and/or licensing policies of the participating Navigation Authorities.
3.4 Examiners in their activities connected with the BSS must treat all persons with respect and must ensure that they exercise care and sensitivity in dealings with their customers.
3.5 Examiners must not undertake any part of a BSS Examination which they are not competent and eligible to perform.
4.0 Ensuring objectivity and avoiding conflicts of interest
4.1 A conflict of interest will be presumed to exist where any circumstance arises which may impinge, or might reasonably be seen to impinge, on an Examiner’s judgement. An Examiner must not issue a BSSC in respect of a vessel where such circumstances exist. These circumstances include, but are not limited to, those listed in 4.2 and Examiner’s must observe the requirements of Condition 4.3.
4.2 In particular, a conflict of interest exists in respect of any vessel in which the Examiner:
4.2.1 - owns, owns in part; or,
4.2.2 - is contracted to sell; or,
4.2.3 - has any management or control over the vessel.
4.3 Examiners must declare and seek the guidance of the BSS Manager in any circumstance which has the potential for a conflict of interest. The BSS Manager will advise the Examiner on the appropriate course of action which must be followed.
4.4 If an Examiner carries out works to bring a vessel to BSS compliance or offers advice on non-BSS matters, any compliance works carried out, and any non-BSS advice issued, must be the subject of a separate contract to the arrangements under which the Examiner conducts any BSS Examination of the vessel.