Recreational Diving Services Regulations, 2010

L.N. 357 of 2010

MALTA TRAVEL AND TOURISM SERVICES ACT

(CAP. 409)

Recreational Diving Services Regulations, 2010

IN exercise of the powers conferred by article 47 of the

Malta Travel and Tourism Services Act, the Prime Minister, on

the recommendation of the Malta Tourism Authority has made the

following regulations:-

(1) The title of these regulations is the Recreational

Diving Services Regulations, 2010.

(2) The aim of these regulations is to establish the

licence and other requirements for service providers in the field of

recreational scuba diving.

(3) These regulations shall apply to any physical or

legal person offering recreational diving services to the public.

(4) The provision of Recreational Diving Services is

to be considered a tourism operation in terms of the Act and shall

therefore be subject to the provisions of the Act and to any relevant

regulations issued there under.

Medical Statement

Regulation 16 (1) (b)

To the Participant

You must complete this medical statement, which includes the medical

history information section, prior to enjoying any recreational scuba

diving services.

Its purpose is to inform you whether you should be examined by a

physician before participating in recreational diving training. If any of

these conditions apply to you, this does not necessarily disqualify you. It

only means that, for your own safety, you must seek the advice of a

physician prior to participating in recreational scuba diving.

Please acknowledge that you have read and understood the information

provided below by initialling each individual point.

1. YOU MUST CONSULT A PHYSICIAN

Yes or No

Initials

IF

You are pregnant or you suspect you may be

pregnant

You regularly take medications (with the

exception of birth control)

You are over 45 years of age and one or

more of the following apply

You smoke

You have a high cholesterol level

2. YOU MUST CONSULT A PHYSICIAN IF

Yes or No

Initials

YOU EVER HAD

asthma, or wheezing with breathing or

wheezing with exercise

any form of lung disease

pneumothorax (collapsed lung)

history of chest surgery

claustrophobia or agoraphobia (fear of

closed or open spaces)

epilepsy, seizures, convulsions or take

medications to prevent them

history of blackouts or fainting (full or

partial loss of consciousness)

history

of

diving

accidents

or

decompression sickness

history of diabetes

history of high blood pressure or take

medications to control blood pressure

history of heart disease

history of ear disease, hearing loss or

problems with balance

history of thrombosis or blood clotting

psychiatric disease

3. I AM AWARE THAT I COULD BE UNFIT TO DIVE

IF I HAVE OR DEVELOP ANY OF THE FOLLOWING

CONDITIONS

Cold, sinusitis, or any breathing problems such as

bronchitis and hay fever.

Acute migraine or headache

Any kind of surgery within the last six weeks

Under influence of alcohol, drugs or medication affecting

the ability to react.

Fever, dizziness, nausea, vomiting and diarrhoea.

Problems equalising such as when popping ears

Acute gastric ulcers

Pregnancy

Name ……………………………………………………………..……

Address ……………………………………………………………..…

Date of Birth ………………………………

I confirm that the answers to the questions above are true and complete.

Signature …………………………………. Date ……….…………...

Parental / Guardian consent where participant is a minor.

Name of Parent / Guardian (delete as applicable) ……………………..

Address ………………………………………………………………..

Signature ………………………………… Date ………………………

THIS DECLARATON IS VALID FOR ONE YEAR FROM DATE OF

SIGNATURE.

B

€2.24

(1)

In these regulations, unless the context otherwise

requires:-

“the Act” means the Malta Travel and Tourism Services

Act;

“the Authority” means the Malta Tourism Authority;

“breathing gas” means a mixture of inert gases together

with a portion of oxygen which will produce a partial pressure

not exceeding 1.6 Bar at the maximum operational depth;

“client” means an individual or group of individuals who

enter into a contract with a service provider for the provision

of recreational diving services for their use;

“confined water” means a swimming pool with a

maximum depth of four metres or body of water that offers

similar conditions;

“director of diving” means a diving instructor who is

approved as such by the Authority in terms of regulation 7

to take responsibility for the management and operation of

the recreational diving services being offered, promoted,

organised and provided by a licensee;

“diving equipment” means equipment which includes,

among others, fins, masks, snorkel, cylinder, demand

regulator, alternative breathing gas source, cylinder support

system and buoyancy control device including, if appropriate,

a quick release weight system, submersible pressure gauge

(breathing gas pressure monitor), equipment to measure depth

and time and to safely limit exposure to inert gas, diving

suit, if appropriate. The specific environment may require

appropriate additional equipment, such as an underwater

navigational aid, knife and, or cutting device;

“diving instructor” means a person who is qualified

in accordance with MSA-EN 14413-2 and fulfils the

requirements of regulation 8;

“dive leader” means a person who is qualified

in accordance with MSA-EN 14153-3 and fulfils the

requirements in regulation 9;

“guided dive” means an organised dive where persons

are also accompanied underwater by a diving instructor or a

dive leader;

“independent diver” means a person who shall have at

least scuba diver level certification in accordance with MSA-

EN 14153-2 and is also certified to dive to at least 30 metres;

“licensee” means a physical or legal person in whose

name a licence to provide recreational diving services has

been issued by the Authority in terms of these regulations;

“the Minister” means the Minister responsible for

tourism;

“open water” means a body of water significantly larger

than a swimming pool, offering typical local sea conditions;

“organised dive” means a service, where each individual

client shall have at least independent diver status and is taken

to a dive site to participate in recreational diving;

“recreational diving services” means any or all of the

following scuba diving services offered by a recreational

diving service provider:-

(a) training and education in recreational diving;

(b)

organised and guided diving for certified

divers;

(c) rental of scuba diving equipment;

“recreational diving service provider” means a licensee,

including any individual legally acting on behalf of such

licensee, who offers, promotes, organises or provides any

recreational diving service or services;

“risk assessment” means the identification of hazards,

persons who may be harmed by such hazards, and procedures

to be adopted to ensure that the risk is controlled as far as is

reasonably possible;

“scuba” means self-contained underwater breathing

apparatus;

“intro dive” means an informal diving experience

undertaken to introduce the client to scuba diving.

(2) Words and expressions used in these regulations

which are also used in the Act shall, unless the context otherwise

requires, have the same meaning as in the Act.

(1) No person shall offer, promote, organise or provide Licence.

any recreational diving service unless such person holds a valid

licence for the purpose issued by the Authority in terms of these

regulations.

(2) The Authority shall recognise the right of a

recreational diving services’ provider that is legally established

in another Member State to provide recreational diving services,

or parts thereof in Malta, on a temporary and occasional basis, in

terms of the Services (Internal Market) Act

Provided that, for reasons of public safety, when

providing such temporary and occasional services in Malta,

such recreational diving service provider shall comply with the

applicable safety and operational requirements and procedures

established in regulations 12 to 24.

(1) Applications for a licence to offer, promote, organise

or provide recreational diving services are to be made on an

appropriate application form issued by the Authority together with

such other documentation required by these regulations and as shall

be set out in the application form

Provided that the Authority may, in ensuring whether an

applicant satisfies the requirements for the granting of a licence,

request and conduct an interview with such an applicant or request

and conduct an inspection of the location and facilities being

proposed to be used for the provision of such recreational diving

services.

(2) Every applicant shall, together with the application

form submitted to the Authority, make a payment of a one time,

non-refundable application fee of fifty euro to the Authority.

(3) The Authority shall, without delay, acknowledge

receipt of the application form and the application fee by letter to

the applicant and shall specify

(a) the periods mentioned in sub-regulations (5) and

(6) within which the Authority shall determine the

application;

(b) the procedure under which a refusal by the

Authority to grant a licence may be appealed in terms of the

Act; and

(c) that an applicant shall not be deemed to have been

issued a licence where the Authority does not determine

an application form within the periods mentioned in sub-

regulations (5) and (6).

(4)

In the case of an incomplete application form, the

Authority shall, without delay, inform the applicant of the need

to supply any additional information or documentation, and that

the Authority shall not commence processing the application form

unless and until such time that the Authority receives a complete

application form

Provided that an application form shall not be deemed

to be complete unless and until the Authority is in receipt of

all the documentation required to be submitted together with

the application form or certification of compliance with all

requirements.

(5) The Authority shall determine whether to issue

a licence to an applicant, within forty-five days from the date of

receipt of a complete application form.

(6) The period mentioned in sub-regulation (5) may,

prior to the expiry of the relevant period, be extended by the

Authority for one period of not more than thirty days. Such

extension and the reasons thereof shall be notified to the applicant

without delay.

(7) Due to the potential risks to public health associated

with recreational diving services, when the Authority has not

determined whether to issue a licence to an applicant, within the

periods mentioned in sub-regulation (5), or within the extended

period mentioned in sub-regulation (6), such applicant shall not be

deemed, for all intents and purposes of law, to be licensed

Provided that in the circumstances referred to in sub- L.N. 125 of 2002.

regulation (7) it shall be possible for the applicant to appeal, as

if the application has been refused by the Authority, in terms of the

Third Schedule to the Act, on payment of the fee set out in the Fees

(Tourism) Regulations, 2002.

(1) The Authority shall grant a licence to an applicant to Issue of the licence.

offer, promote, organise or provide any recreational diving service

provided that it is satisfied that:-

(a) the issue of such a licence is in conformity with

current tourism policy;

(b) the applicant is a fit and proper person, and is of

good character standing;

(c) the applicant and, or his staff, possess the relevant

competencies and qualifications as required in terms of these

regulations;

(d) the applicant designates, and submits to the

Authority for approval, a director of diving who shall

be a person of good conduct and possesses the relevant

competencies and qualifications in accordance with regulation

7;

(e) the location, fixed and permanent infrastructure,

facilities, equipment, management, safety and operational

requirements and procedures to be used and implemented for

the provision of the relevant recreational diving services shall

be adequate to meet the standards and requirements set in

these regulations;

(f) the applicant is in possession of a third party

liability insurance policy, including professional indemnity

insurance, for a minimum amount of 240,000 euro to cover

any third party liability arising from clients and or members

in respect of the recreational diving services being licensed.

(1) A licence issued under these regulations shall be

valid from the date of issue up to the thirty-first day of December

of the same calendar year, and shall be renewed by the Authority

for further periods of one year subject to the continued compliance

with these regulations and payment of the applicable licence fee.

(2) For the purposes of proving compliance with the

safety and operational requirements and procedures established

in regulations 12 to 24 the Authority shall accept certification of

compliance with MSA EN standard 14467 issued by accredited

bodies for such purpose if the recreational diving service provider

is so certified.

(1) No licensee shall offer, promote, organise or provide

recreational scuba diving services unless he has appointed a

director of diving to fulfil the duties prescribed in these regulations.

(2) The appointment of a director of diving referred to

in sub-regulation (1) shall be subject to the prior approval of the

Authority.

(3) The Authority shall approve the appointment if it is

satisfied that the designated director of diving

(a) is in possession of a diving instructor qualification

of at least a Level 2 in accordance with MSA EN 14413 – 2;

(b) has adequate experience as an instructor in

recreational diving proven by at least four hundred logged

dives undertaken as a recreational diving instructor, of which

two hundred such dives should have been undertaken in local

waters;

(c) be of a good character and standing; and

(d) has provided a signed declaration to the Authority

that he has sufficient knowledge and competencies to fulfil his

duties and responsibilities as director of diving as required by

these regulations together with a commitment towards their

fulfilment.

(1)

No person shall act as a diving instructor Qualifications of

unless such person fulfils the requirements established in these diving instructors.

regulations.

(2) A licensee shall not employ or otherwise engage

a person as a diving instructor unless such person fulfils the

requirements established in these regulations.

(3) A diving instructor shall be qualified, as a diving

instructor in accordance with MSA EN 14413 – 2.

(4) A diving instructor shall have, within the preceding

twelve months, and every twelve months thereafter during the

period within which he is acting as a diving instructor, satisfactorily

completed a medical examination by a doctor specialising in diving

medicine.

(1) The licensee may be required to make use of dive

leaders to help and control clients and improve safety

Provided that a dive leader shall not be used to assess or

to teach any skills or knowledge to clients.

(2) No person shall act as a dive leader unless he fulfils

the requirements established in these regulations.

(3) A licensee shall not employ or otherwise engage

a person as a dive leader unless he fulfils the requirements

established in these regulations.

(4) A dive leader shall

(a) be qualified as at least a scuba diver level 3 diver in

accordance with MSA EN 14153-3;

(b) have, within the last 12 months, and every 12

months thereafter during the period he is acting as a dive

leader, satisfactorily completed a medical examination by a

doctor specialising in diving medicine; and

(c) have personal knowledge of the underwater terrain

of the site in which the training or diving is being conducted.

Only staff members with the appropriate extra training

and certification shall be permitted to conduct recreational

dive training or organised or guided dives which require special

knowledge and training outside that normally included in the scuba

diving courses satisfying MSA EN 14153-1 to 3 and EN 14413 –

1 and 2. Such extra training and certification shall be required for

such dives which include night dives and nitrox diving.

During the provision of recreational diving services

the director of diving, instructors and dive leaders shall be in

possession of a form of identification which includes their name,

photograph, qualification and the name of the licensee on whose

behalf they are providing the recreational diving service.

(1) The location from where the recreational diving

services are offered, promoted, organised or provided shall

(a) be suitable and adequate for such activity and shall

be easily accessible to the public;

(b) have the name of the appointed director of diving

displayed in a prominent position that is easily visible to

clients;

(c) be kept clean, well maintained and organised at all

times;

(d) provide first aid kits which are fully and suitably

equipped for offering first aid to clients. A first aid kit shall

be sited at the dive centre location and on all land and sea

transport vehicles used by the licensee;

(e) have the contact details for emergency services

prominently displayed, including contact details of

recompression facilities;

(f) have the provision of facilities to make emergency

calls, where necessary, at the dive centre location and at all

the sites from where diving is taking place;

(g) have specific areas for theoretical instruction,

cleaning and for the storing of equipment and where

applicable, specific areas for the renting of diving equipment.

(2) It shall be the duty of the licensee to ensure that the

facilities, the diving equipment and other accessories, as well as all

land and sea transport vehicles used by him to provide recreational

diving services to clients are regularly and properly maintained at

all times.

(3) A written service schedule shall be kept of all

equipment and installations. This schedule shall identify each item

and shall document all maintenance work carried out from time to

time.

(1) The director of diving shall assume overall

management and operational responsibility for the recreational

diving services provided to clients by the licensee. This shall

include the coordination and supervision of all training, of all

organised and guided diving and for the rental of equipment.

(2) The director of diving shall be responsible for

ensuring that all recreational diving services are provided according

to these regulations and best industry practices in order to minimise

risks to the health and safety of clients and staff at all times.

(3) In order to perform these duties the director of

diving shall be normally present at the dive centre or on location

from where the recreational diving services are provided and

organised during all operational hours and in any case within easy

reach of contact thereafter.

(4) A director of diving shall act in such capacity for

only one licensee at the same time

Provided that if the licensee fulfils the necessary

requirements of a director of diving set out in these regulations,

nothing in this regulation shall exclude the licensee from acting as

the director of diving.

(1)

The diving instructor shall be responsible

(a) for both the classroom and in-water training of the

clients;

(b) to carry out and record risk assessments before

allowing clients to enter the water;

(c) to maintain training records for all clients as

required by the training agency for the course being taught;

and

(d) to maintain and sign documents as required by these

regulations.

(2) In order to conduct his duties in a safe manner to

himself, other staff and his clients, a diving instructor shall have

personal knowledge of the underwater terrain of the site in which

he is providing recreational diving training.

(3) The training of recreational scuba divers up to level

3 in accordance with EN 14153-1, -2, -3 shall be conducted by a

level 2 scuba instructor

Provided that recreational diving activities involving

more demanding operational parameters not covered by the scuba

instructors’ qualifications and experience, such as night dives,

limited visibility dives, wreck dives, dry suit dives, drift dives,

cave dives shall only be conducted by level 2 scuba instructors who

shall also have the relevant additional qualifications and experience

to conduct such dives.

(1) The director of diving may be required to make

use of dive leaders to help and control clients and improve safety

but may not use dive leaders to assess or to teach any skills or

knowledge to clients.

(2) The functions and responsibilities of a dive leader

shall be

(a) to guide or organise a group of independent divers;

and

(b) to offer and provide safety back-up and generally

assist the diving instructor during a training session.

(1) Prior to the provision of a recreational diving Information and

service, the director of diving shall obtain the following documentation

information and documents from clients, which shall be maintained

by the licensee

(a) name, address and date of birth;

(b) a completed and signed medical statement to

ensure the client’s fitness for recreational diving as indicated

in the Schedule to these regulations. If the medical statement

suggests a medical risk the director of diving shall request

that the client undergoes a full medical examination by a

physician: provided that notwithstanding the answers in the

medical statement, in the case of doubt or at the discretion of

the director of diving, clients may be requested to undergo the

full medical examination. The examining doctor shall give

his approval in writing before the client may use SCUBA;

(c) documentary proof of diving qualifications and

experience, if and as applicable;

(d)

signed statement of understanding; and

(e) parental or legal guardian’s consent in the case of a

minor, and additionally, in the case of a diving instructor -

(i) a medical certificate less than 12 months old

signed by a doctor specialising in diving medicine;

(ii) confirmation of third party insurance.

(2) Without prejudice to any other information

requirements emanating from any other law current at the time, the

director of diving shall provide the following information to the

clients prior to providing the recreational diving service

(a)

contractual issues including conditions bearing on

the signature, delivery and termination of the contract;

(b) information regarding the services that are

available and any qualification or experience required in order

to obtain these recreational diving services;

(c) if requested, information on the member or

members of staff who will provide any recreational diving

service;

(d) equipment requirements;

(e) costs and prices for obtaining any recreational

diving service;

(f) insurance requirements, if and as applicable;

(g) local environmental and safety considerations;

(h) recreational diving related legislation and any

other legal requirements concerned with the specific kind of

recreational diving service.

(3) If the service to be provided involves training, the

following additional information shall be provided

(a) limitations of eventual qualification,

(b) scope of the training course,

(c) course procedures,

(d) means and methods of assessment and criteria

required for successful completion;

Provided that clients shall be informed that records shall

be kept of their personal data and that these records may be passed

on to a training organisation.

(4)

In the case of planned guided dives or

organised dives the following additional information shall be

provided at the diving site

(a) information concerning the dive site, in particular

the hazards that could affect the safety of the dive, such as

under-water obstructions,

(b)

arrangements concerning buddy teams or group

size,

(c) water depth and time limitations.

Prior to each actual dive or training session, clients shall Safety information to

have safety provisions identified to them, which include

(a) the identity and role of any staff member;

(b) emergency procedures;

(c) buddy and group assignments;

(d) the conduct required from clients.

(1) Before each training or diving session, the director Diving logs and risk

of diving shall prepare a diving log for each training or diving

session This shall include at least the following information:-

(a) the location where the diving will be conducted;

(b) the name of the diving instructor or dive leader

leading the session;

(c) the date and times of the dive;

(d)

the names of the clients participating in the

session;

(e) the purpose of the dive, such as experience dive, or

confined training session 3.

(2) The diving instructor or dive leader shall be

briefed by the director of diving on any special circumstances or

information relating to the experience, skills or limitations of the

clients undertaking the training or the dive.

(3) The diving log shall be signed by the diving

instructor or dive leader before the training or diving session.

(4) Following the training or diving session, the

following information shall be added to the diving log by the

diving instructor or dive leader:-

(a)

confirmation of the location of the dive;

(b) the time of entry into the water and time of exit

from the water;

(c)

the duration of the dive;

(d)

the maximum depth reached during the dive;

(e) details of any deviation from the planned purpose

or exercise or any special circumstances, incident, or

information relating to the experience, skills or limitations of

the clients.

(5) The diving log shall then be countersigned by both the

diving instructor or the dive leader and the director of diving. The

diving log shall be kept by the director of diving.

(1) Prior to the undertaking of each dive, the diving

instructor or dive leader shall conduct a risk assessment and shall

adopt procedures to ensure that all risks are controlled as far as is

reasonably possible.

(2) In conducting the risk assessment, the following factors

shall be taken into consideration, due regard being given to the

capability of those persons who intend to participate in the dive,

including clients and staff members

(a) water movement, such as current and wave action;

(b)

water depth;

(c) underwater visibility;

(d)

pollution;

(e) entry and exit methods;

(f) restricted zones;

(g)

suitability of the site for planned activities; and

(h)

emergency action plan.

(3) The director of diving, diving instructor or dive

leader shall have the right to prevent any client from taking part in

the diving activity if, following the risk assessment, it is deemed to

be in the best interest of the safety of any client.

(1) For all locations where diving activities take place, Emergency equipment

the director of diving shall ensure the availability of

(a) a fully equipped first aid kit suitable for the planned

diving activities;

(b) an emergency oxygen unit with a capacity of

delivering at least 15 litres per minute of pure oxygen for at

least 20 minutes;

(c) a communication system suitable for alerting

emergency services.

(2) At each dive site where diving activities take place Emergency

a documented emergency plan shall be available, comprising at procedures.

least the following information

(a) procedures for casualty recovery, resuscitation and

evacuation;

(b) use of the emergency oxygen supply;

(c) information about the nearest medical resources,

including data about the availability of a hyperbaric

recompression chamber.

(3) Diving instructors instructing during open water Diving equipment.

dives and dive leaders leading dives on behalf of the licensee shall

at least be equipped with diving equipment as defined in regulation

(4) If diving equipment is provided to a client for

use in recreational dive training or in guided or organised diving,

this shall be subject to regulation 23 concerning the rental of

recreational diving equipment.

(1) The director of diving shall ensure that:-

(a) each individual client and prospective trainee

fulfils the prerequisites for taking part in the training course that is

planned to be undertaken;

(b) every trainee follows fully, all classroom and

confined and open water training exercises as laid down in the

Standards and Procedures Manual required for the course being

undertaken;

(c) the size of the class, and the proficiency of

the members of each buddy team or group of divers, is

appropriate to enable all diving activities to be carried out

safely;

(d) the first water lesson should be conducted in

confined water with a maximum ratio of six trainees to one

diving instructor unless more stringent conditions are set by

the training institution whose course is being undertaken; and

(e) informal training such as intro dives, or intro

sessions, shall be carried out in accordance with ISO 11121.

(2) Theory teaching shall be conducted in an

environment that is dedicated to such teaching and which shall be

free from significant distractions to learning. This shall provide

clients with sufficient working facilities and training aids, such

as writing surfaces, reference materials, computer, visual or

audio materials, to ensure that trainees are able to understand the

information being presented.

(3) The director of diving shall designate and use

training sites for confined water training or open water training that

are appropriate to the ability of the trainees.

(4) The training of recreational scuba divers up to level

3, in accordance with EN 14153-1, -2 and 3, shall be conducted by

a qualified diving instructor.

(5) Services involving more demanding operational

parameters such as night dives, limited visibility dives, deep dives,

wreck dives, dry suit dives, drift dives, cave dives, shall only be

conducted by diving instructors who have relevant additional

qualifications and experience.

(1) A group may include scuba instructors or dive

leaders who may take on some or all of the duties of providing

proper briefing and supervision of members of the group in

accordance with these regulations. Any such arrangement between

the director of diving and the group shall be agreed by both parties

in advance of any underwater activities.

(2) The diving director shall check the certification and

each client’s personal dive log prior to the dive

Provided that organised or guided dives which require

specific qualifications, such as night diving, wreck diving, may

only be carried out if each individual client has appropriate

qualifications, including speciality certification or equivalent

logged experience.

(3) A licensee shall not provide the service of an

organised dive unless each individual client is at least qualified as

an independent diver.

( 4 ) O rg a n i s e d d i v e s w h i c h r e q u i r e s p e c i fi c

qualifications, such as night diving and wreck diving, may only be

carried out if each individual client has appropriate qualifications

or a speciality certification or equivalent logged experience.

(5) A staff member who has at least dive leader

qualification shall be present at the dive site and shall have overall

control of diving activities.

(6) The diving instructor or dive leader shall provide a

safety briefing, conduct a risk assessment, assign buddies, identify

operational parameters and ensure an emergency support procedure

is in place.

(7) A licensee shall not provide the service of a

guided dive unless each individual client is certified at least as an

independent diver.

(8) Guided dives which require specific qualification,

such as night diving and wreck diving, may only be carried out if

each individual client, has appropriate qualifications or a speciality

certification or equivalent logged experience.

(9) An individual who possesses at least dive leader

qualification shall provide underwater leadership.

(10) Guided dives requiring specific qualifications

or equivalent experience, for which each individual client

cannot provide proof of such qualifications or experience, shall

be considered to be training and education services and the

requirements under regulation 21 shall apply.

(11)

The diving director shall ensure that the diving

instructor or dive leader in charge of the dive has sufficient

knowledge and understanding of the features and hazards of the

intended diving locality.

(12) The diving instructor or dive leader in charge of

the guided dive shall make every reasonable effort to ensure that

the site at which the diving is to be carried out is suitable for the

divers and the envisaged diving activity.

(13) The contracted services within the framework of

guided dives or organised dives shall be provided by an individual

of at least dive leader qualification

Provided that if a dive requires specific skills beyond the

qualifications of a dive leader, the person leading the dive must

be able to provide proof that the divers have received relevant

specialised training or have relevant equivalent experience.

(1) All diving equipment provided for a rental service

shall be of a style currently in use in the sports diving industry and

shall comply with applicable local and European standards.

(2) All diving equipment shall be safe to use at time

of issue to clients and shall be serviced according to EU standards

and manufacturers’ specifications.

(3) The licensee shall establish an appropriate written

equipment servicing schedule which shall identify all individual

cylinders, demand regulators, alternative breathing gas sources,

cylinder-support-system and buoyancy control devices.

(4) Assistance and advice shall be offered to the client

in choosing the proper diving equipment taking into account the

envisaged diving activity and the qualification and needs of the

clients including the proper fit of buoyancy control devices and

suits.

(5) Diving equipment rented to clients shall be

subjected to an inspection by the licensee and the client, prior to

use in order to ascertain that it is fully operational.

(6) Diving cylinders and scuba demand valves may

only be rented to independent divers for their own use, and to

instructors.

(7) Breathing gases shall only be supplied to qualified

divers that are at least qualified as an independent diver.

(8) Breathing gases, other than air, shall only be

supplied to divers having the appropriate additional training and

certification. For this purpose, trimix shall only be supplied to a

diver with a Trimix diving qualification.

(9) The director of diving shall ensure that any staff

member providing the rental of equipment services to clients fully

understand the characteristics and function of the diving equipment

being rented.

(10) All staff members providing the rental of

equipment shall be competent to advise clients about the proper fit

and use of the diving equipment in specific diving activities and in

accordance with the qualifications of each client.

(1) The licensee shall maintain the following

documentation in relation to the recreational services provided

(a) documents relating to recreational diving education

and training services for a period of two years

(i)

client personal details;

(ii)

qualification records;

(iii)

medical statements;

(iv)

statements of understanding;

(v)

client training records;

(b) documents relating to recreational organised dives

and guided dives services for a period of one month

(i)

client personal details;

(ii)

qualification records;

(iii)

medical statements;

(iv)

statements of understanding;

(v)

dive logs;

(c) documents relating to the rental of diving equipment

services for a period of one month

(i)

client personal details;

(ii)

qualification records;

(iii)

medical statements;

(iv)

statements of understanding;

(v)

equipment rented.

(2) The licensee shall maintain the following

documentation on all staff members employed or otherwise

engaged by him and delivering services to clients for the duration

of their employment or engagement with the licensee and for a

period of twelve months after such employment or engagement is

terminated

(a)

name, address and date of birth;

(b)

training certification and experience;

(c)

any medical examination certificate;

(d)

position, role and responsibilities held with the

licensee;

(e)

code of conduct.

(3) The licensee shall make the documentation referred

to in sub-regulations (1) and (2) available for inspection and

audit by the Authority or any other entity competent at law to

inspect such documentation in the course of their legal functions.

(1) The Authority may withdraw or suspend a licence

issued under these regulations should the licensee cease to meet

any of the requirements specified in these regulations, or any of the

conditions under which the licence was issued

Provided that the Authority shall notify the licensee

whose license it intends to withdraw or suspend and shall give

reasons for its decision.

(2) Any decision of the Authority referred to in

regulation (1) may be appealed from by the aggrieved person

in terms of the provisions of the Third Schedule to the Act, on

payment of the fee set out in the Fees (Tourism) Regulations,

2002.

Any person who fails to comply with any of the

provisions of these regulations shall be guilty of an offence and

shall, on conviction, be liable to a fine not exceeding 2,300 euro.

(1) The Recreational Diving Service Provider

2004. Regulations, 2004, are hereby being revoked.

(2)

Any licence issued under the said regulations

being revoked and which is still valid and effective immediately

before such revocation, shall continue to be valid and effective

thereafter as if it were a licence granted under the provisions of

these regulations.

These regulations have been notified in accordance Directive 98/48/EC.

with Directive 98/34/EC, as amended by Directive 98/48/EC and

transposed in Maltese legislation by Legal Notice 373 of 2003 as

amended by Legal Notice 313 of 2007.