Recreational Diving Services Regulations, 2012

L.N. 359 of 2012

MALTA TRAVEL AND TOURISM SERVICES ACT

(KAP. 409)

Recreational Diving Services Regulations, 2012

IN exercise of the powers conferred by article 47 of the Malta

Travel and Tourism Services Act, the Minister for Tourism, Culture

and the Environment, 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, 2012.

(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 and any

other person employed by such physical or legal person to carry out

any of the duties prescribed in these regulations.

(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

made thereunder.

Regulation 16(1)(b)

Medical Statement

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 IF

Yes or No

Initials

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 YOU Yes or No

Initials

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

€2.07

(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;

"dive centre" means the premises from where any person or

entity offers recreational diving services to clients;

"dive leader" means a person who is qualified in accordance

with MSA EN 14153-3 or equivalent and fulfils the requirements in

regulation 9;

"dive site" means the location where diving activity takes place;

"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 or equivalent and fulfils the

requirements of regulation 8;

"EN" means standard developed by the European Committee

for Standardization (CEN);

"guided dive" means a dive where independent divers are

accompanied by a dive leader or if a client is less qualified than an

independent diver, by an instructor;

"independent diver" means a person who shall have at least

scuba diver level certification in accordance with MSA EN 14153-2

or equivalent and is also certified to dive to at least thirty metres or

twenty-one metres if younger than fifteen years old, and accompanied

by an adult who holds a certification in accordance with MSA

EN14153-2 or equivalent and also certified to dive to at least thirty

metres;

"intro dive" means an informal diving experience undertaken to

introduce the client to scuba diving;

"ISO" means a standard published by the International

Standards Organization;

"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;

"minor" means any physical person who has not attained the age

of eighteen years;

"MSA" means a standard published by the Malta Standards

Authority;

"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 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.

(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

any recreational diving service unless such person holds a valid

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

regulations. Any promotional material shall clearly state the name of

the dive centre and the licence number issued by the Authority.

(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 Cap. 500.

(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 23.

(1)

Applications for a licence to provide recreational Application for

diving services are to be made on an appropriate application form a licence.

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 (€50) 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 consecutive 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 consecutive 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-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.

(1)

The Authority shall grant a licence to an applicant

to 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 provided that a licence shall be restricted to one dive

centre;

(f)

the applicant is in possession of a third party

liability insurance policy, including professional indemnity

insurance, for a minimum amount of two hundred and forty

thousand euro (€240,000) to cover any third party liability

arising from clients and, or members in respect of the

recreational diving services being licensed.

A licence issued under these regulations shall be valid Validity of the

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

renewal.

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.

(1)

No licensee shall offer, promote, organise or Qualifications

provide recreational scuba diving services unless he has appointed a of

diving.

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) or his substitute 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 or

equivalent;

(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 three

hundred such dives should have been undertaken in local waters

within the five years preceding his engagement as a director of

diving;

(c)

is 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 unless

such person fulfils the requirements established in these regulations.

(2) A recreational diving service provider 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 or equivalent.

(4) A diving instructor shall be in possession of a valid

medical certificate issued by a doctor specialising in diving medicine

stating that the diving instructor is fit to dive. The medical certificate

is valid for one year from the date on which it is issued.

(5) A diving instructor shall be qualified to administer

emergency oxygen.

(1)

No person shall act as a dive leader unless he fulfils

the requirements established in these regulations.

(2) A recreational diving service provider shall not employ or

otherwise engage a person as a dive leader unless he fulfils the

requirements established in these regulations.

(3) A dive leader shall

(a)

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

accordance with MSA EN 14153-3 or equivalent;

(b)

be in possession of a valid medical certificate

issued by a doctor specialising in diving medicine stating that

the dive leader is fit to dive. The medical certificate is valid for

one year from the date on which it is issued;

(c)

have knowledge of the underwater terrain of the

site in which he is assisting or diving is being conducted;

(d)

be qualified to administer emergency oxygen.

Only instructors with the relevant additional certification Relevant

shall be permitted to conduct recreational dive training which additional

qualifications

requires special knowledge and training outside that what is normally for instructors.

included in the scuba diving courses satisfying MSA EN 14153-1 to 3

or equivalent and MSA EN 14413 1 and 2 or equivalent.

During the provision of recreational diving services, the Identity.

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

of a form of identification which includes their name, photograph and

qualification, and the name and licence number issued by the

Authority of the dive centre on whose behalf they are providing the

recreational diving service.

(1)

The dive centre from where the recreational diving General safety

and operational

services are offered, promoted, organised or provided shall

requirements

and procedures.

(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 at the dive site;

(e)

have the contact details for emergency services

prominently displayed, including contact details of

recompression facilities;

(f)

have the provision of facilities to contact

emergency services, where necessary, at the dive centre location

and at all the sites from where diving is taking place;

(g)

have an area exclusively dedicated for theoretical

instruction separated from the area dedicated for the storage of

cleaning equipment, stores and the rental of 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 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 according to manufacturers

instructions.

(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 present at the dive centre during all operational hours.

(4) In the event that the director of diving is temporarily

absent from the dive centre due to illness or other valid reason the

licensee shall appoint an instructor with qualifications as detailed in

regulation 7 to act as a substitute. This appointment shall only be

valid for a period of twenty-eight consecutive days.

(5) A director of diving or his substitute shall act in such

capacity for only one dive centre 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 MSA EN 14153-1, -2, -3 or equivalent shall be

conducted by an instructor having a minimum qualification of MSA

EN 14413 - 2 or equivalent

Provided that recreational diving activities involving more

demanding operational parameters not covered by the diving

instructors’ qualifications and experience, shall only be conducted by

instructors who shall also have the relevant additional qualifications

or experience to conduct such dives.

(1)

The director of diving may be required to make use Duties of dive

of dive leaders to help and control clients and improve safety but may leader.

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 be responsible for obtaining the documentation

requirements.

following 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 or a medical statement issued by an educational

organisation that is credited to provide courses that lead to MSA

EN 14153-1 to 3 or equivalent or MSA EN 14413 1 and 2 or

equivalent or ISO 11121, provided that such statement shall not

be accepted if it does not include all the information contained

in the statement indicated in the Schedule. 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 perform scuba diving;

(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 in the course of providing recreational diving services,

and additionally, in the case of a diving instructor -

(i) a valid medical certificate issued by a doctor

specialising in diving medicine stating that the diving

instructor is fit to dive. The medical certificate is valid for

one year from the date on which it is issued;

(ii)

documentary proof 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 be responsible to 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)

costs and prices for obtaining any recreational

service and, if requested -

(i)

information on the competence of the

member or members of staff who will provide any

recreational diving service;

(ii)

equipment requirements;

(iii) insurance requirements, if and as applicable;

(iv) local

environmental

and

safety

considerations;

(v) 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 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

underwater obstructions;

(b)

arrangements concerning buddy teams or group

(c)

water depth and time limitations.

Prior to each guided or organised dive or training session, Safety

clients shall have safety provisions identified to them, which include: information

be given to

client.

(a)

the identity and role of all staff members involved

in the session;

(b)

emergency procedures;

(c)

buddy and group assignments;

(d)

the conduct required from clients.

Before each recreational diving service, the Diving logs.

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

diving session. This shall include at least the following information

(a)

the planned location where the diving will be

(b)

the name of the diving instructor or dive leader

leading the session;

(c)

the date of the dive;

(d)

the names of the clients participating in the session;

(e)

the purpose of the dive.

(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) Prior to the training or diving session any deviation from

the diving log must be reported to the director of diving.

(5) 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

as referred to in sub-regulation (1)(e) or exercise or any special

circumstances, incident, or information relating to the

experience, skills or limitations of the clients.

(6)

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 licensee.

(1)

Qabel kull servizz ta’ għads rikreattiv, id-direttur Dħul fil-logs

tal-għads għandu jipprepara log tal-għads għal kull sessjoni ta’ taħriġ tal-għads

stima ta’ riskju.

jew ta’ għads. Dan għandu mill-inqas jinkludi din l-informazzjoni li

ġejja

(a)

il-post ippjanat fejn ikun ser isir l-għads;

(b)

l-isem tal-għalliem tal-għads jew tal-kap tal-għads

li jmexxi dik is-sessjoni;

(ċ)

id-data tal-għadsa;

(d)

l-ismijiet tal-klijenti li jipparteċipaw fis-sessjoni;

(e)

l-għan tal-għadsa.

(2) L-għalliem tal-għads jew kap tal-għads għandu jiġi

mgħarraf mid-direttur tal-għads dwar kull ċirkostanza jew

informazzjoni speċjali dwar l-esperjenza, il-ħiliet jew il-

limitazzjonijiet tal-klijenti li jkunu qegħdin jagħmlu t-taħriġ jew l-

għadsa.

(3) Il-log tal-għads għandu jiġi ffirmat mill-għalliem tal-għads

jew mill-kap tal-għads qabel ma tibda s-sessjoni ta’ taħriġ jew tal-

għads.

(4) Qabel is-sessjoni ta’ taħriġ jew tal-għads kull devjazzjoni

li ssir minn dak li jkun hemm reġistrat fil-log tal-għads għandha tiġi

rappurtata lid-direttur tal-għads.

(5) Wara s-sessjoni ta’ taħriġ jew tal-għads, din l-

informazzjoni li ġejja għandha tiżdied mal-log tal-għads mill-

għalliem tal-għads jew mill-kap tal-għads

(a)

konferma tal-post tal-għadsa;

(b)

il-ħin tal-inżul fl-ilma u l-ħin tal-ħruġ minnu;

(ċ)

kemm iddum l-għadsa;

(d)

l-iktar qiegħ fond milħuq matul l-għadsa;

(e)

dettalji ta’ kull devjazzjoni minn dak ippjanat kif

imsemmi fis-subregolament (1)(e) jew eżerċizzju jew kull

ċirkostanza, inċident, jew informazzjoni speċjali li jkollha

x’taqsam mal-esperjenza, il-ħiliet jew il-limitazzjonijiet tal-

klijenti.

(6) Il-log tal-għads għandu imbagħad jiġi kontrofirmat kemm

mill-għalliem tal-għads jew mill-kap tal-għads kemm mid-direttur

tal-għads. Il-log tal-għads għandu jinżamm mid-detentur ta’ liċenza.

(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

recreational diving services if, following the risk assessment, it is

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

(1)

At all dive sites where a diving activity is taking Emergency

equipment and

place the director of diving shall ensure the availability of

procedures.

(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 twenty minutes;

(c)

a communication system suitable for alerting

emergency services;

(d)

a documented emergency plan, comprising at least Emergency

procedures.

the following information

(i) procedures

for

casualty

recovery,

resuscitation and evacuation;

(ii) information about the nearest medical

resources, including data about the availability of a

hyperbaric recompression chamber.

(2) If diving equipment is provided to a client for use in Diving

recreational dive training or in guided or organised diving, this shall equipment.

be subject to regulation 23 concerning the rental of recreational

diving equipment.

(1)

The director of diving shall ensure that

Training and

education

services.

(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)

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 area exclusively

dedicated to such teaching and which shall be free from significant

distractions to learning.

(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) Services involving more demanding operational

parameters not covered by a diving instructor qualification shall only

be conducted by diving instructors who have relevant additional

qualifications.

(1)

A recreational diving services provider shall not

provide the service of a guided dive unless each individual client is at

least qualified as an independent diver. In the case where a client is

not qualified as an independent diver, the leadership shall be provided

by an instructor who is established in a Member State

Provided that for organised diving a dive leader or dive

instructor should always be on site to co-ordinate diving activities.

(2) 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.

(3) The director of diving is responsible for checking of the

certification and each client’s personal diving experience prior to the

dive.

(4) The dive leader, or instructor shall provide a safety

briefing, conduct a risk assessment, assign buddies, supervise clients,

identify operational parameters and ensure an emergency support

procedure is in place before dive.

(5) Guided dives which require specific qualifications, such as

night diving, wreck diving, may only be carried out if each individual

client has the appropriate qualifications, including speciality

certification or equivalent logged experience or when an instructor

with the appropriate qualifications or experience is responsible for the

dive and for leading it underwater.

(1)

All diving equipment provided for a rental service Equipment and

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

equipment.

shall comply with applicable local and European standards

Provided that for the rental of scuba regulations 12, 14 to 20(2)

and regulations 21 to 22 do not apply.

(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 as per manufacturers’ instructions

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 recreational diving service provider and the client, prior

to use in order to ascertain that it is fully operational.

(6) Scuba and compressed air shall only be supplied to divers

that are at least qualified as an independent diver or to a lesser

qualified client when accompanied by an instructor who is

established in a Member State.

(7) Breathing gases, other than air, shall only be supplied to

independent divers having the appropriate additional training and

certification, or to a lesser qualified diver when accompanied by a

Diving Instructor who is suitably qualified and is established in a

Member State.

(8) Prior to the provision of equipment rental, the director of

diving shall be responsible for obtaining the following information

and documents from the recipient of the service, which shall be

maintained by the licensee

(a)

name, address and date of birth;

(b)

if renting scuba or breathing gasses a completed

and signed medical statement to ensure the client’s fitness for

recreational diving as indicated in the Schedule or a medical

statement issued by an educational organisation that is credited

to provide courses that lead to MSA EN 14153-1 to 3 or

equivalent or MSA EN 14413 1 and 2 or equivalent or ISO

11121, provided that such statement shall not be accepted if it

does not include all the information contained in the statement

indicated in the Schedule. 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 person acting as a diving instructor -

(i) a valid medical certificate issued by a doctor

specialising in diving medicine stating that the client is fit

to dive. The medical certificate is valid for one year from

the date on which it is issued;

(ii)

documentary proof of third party insurance.

(9) Without prejudice to any other information requirements

emanating from any other law current at the time, the director of

diving shall be responsible to 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; and

(b)

costs and prices for obtaining equipment rental

Provided that clients shall be informed that records shall be kept

of their personal data.

The licensee shall maintain the following Documentation.

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;

(vi) dive logs;

(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 Scuba

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 supported by documentation

issued by the relative training organisation confirming the

authenticity of the certification;

(c)

medical examination certificate;

(d)

position, role and responsibilities held with the

licensee;

(e)

experience.

(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 sub-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.

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 minimum fine (multa) of one thousand euro

(€1,000) but not exceeding two thousand and three hundred euro

(€2,300)

Provided that in every case, it shall be competent to the

Authority to proceed against the licensee and, or the director of

diving and, or the dive instructor and, or the dive leader.

(1)

The Recreational Diving

Service

Provider Revocation and

saving.

Regulations, 2010, are hereby being revoked.

L.N. 357 of

2010. (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.