S.L. 409.13 Art. 16Information and documentation requirements.

(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.