RECREATIONAL DIVING SERVICES REGULATIONS

SUBSIDIARY LEGISLATION 409.13

RECREATIONAL DIVING SERVICES

REGULATIONS

19th October, 2012

LEGAL NOTICE 359 of 2012.

(1) The title of these regulations is the Recreational Diving

Services Regulations.

(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

You are pregnant or you suspect you may be pregnant

You regularly take medications (with the exception of birth

control)

You are over 4 5 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

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

RECREATIONAL DIVING SERVICES

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 ....................................................

SIGNATURE

(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;

" r e c r e a t i o n a l di v i ng s e r vi c e p r ov i d e r " m e a n s a l i c e n s e e ,

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 (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

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 (€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

o n e pe r io d o f no t m o r e t ha n c o n s e c ut i ve t h ir t y d a y s . S u c h

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

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.

(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) 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

shall be permitted to conduct recreational dive training which

requires special knowledge and training outside that what is

normally included in the scuba diving courses satisfying MSA EN

1 4 15 3- 1 to 3 o r e q u iv a l e n t a n d M S A E N 14 41 3 1 a n d 2 o r

equivalent.

During the provision of recreational diving services, the

d i re c t or of di v in g , i n s tr u c t or s a n d d iv e l e a d e r s s h a l l be i n

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

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 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 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 service,

the director of diving shall be responsible for obtaining the

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 size;

(c) water depth and time limitations.

Prior to each guided or organised dive or training session,

clients shall have safety provisions identified to them, which

include

(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.

(1) Before each recreational diving service, the 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

conducted;

(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

i nform ati on sh all b e a dde d to th e div in g lo g by t he di vi ng

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) 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 place

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 twenty minutes;

(c) a communication system

suitable

for

alerting

emergency services;

(d) a documented emergency plan, comprising at least 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

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) 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 co nfin ed water train ing o r op en water train ing t hat 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

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

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

RECREATIONAL DIVING SERVICES

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.

(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;

(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.

Any licence issued under the the Recreational Diving

Service Provider Regulations, 2010 (which are hereby 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.

RECREATIONAL DIVING SERVICES