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The Merchant Shipping (Crew Accommodation) Regulations 1997

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PART IIIEQUIPMENT TO BE OF AN APPROVED TYPE

Equipment to be of an approved type

36.—(1) It shall be the duty of an owner of a ship to which these Regulations apply to ensure that the following equipment is of an approved type—

(a)floor coverings referred to in regulations 8/1 and 32(34);

(b)sidescuttles and windows referred to in regulation 15(1);

(c)vacuum discharge pipe systems referred to in regulation 26(22)(c);

(d)thermostatic mixing valves referred to in regulation 26(15)(c)(i); and

(e)plant used to produce drinking water and/or fresh water on board a ship referred to in regulation 27(4).

(2) In this regulation “approved”, in relation to an item of equipment, means approved by the Secretary of State or by a person specified in Merchant Shipping Notice M.1645 in relation to that equipment.

Exemptions from Part III

37.  The Secretary of State may grant exemptions from all or any of the provisions of this Part of these Regulations (as may be specified in the exemption) on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

Offences

38.—(1) Any owner who contravenes regulation 36(1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) In any proceedings for an offence under this Part of these Regulations it shall be a defence to prove that the person charged took all reasonable steps to ensure that the Regulations were complied with.

Power to detain

39.  In any case where a ship does not comply with the requirements of this Part of these Regulations, that ship shall be liable to be detained and section 284(1)—(6) and (8) of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to that ship, subject to the modification that for the words “this Act” wherever they appear, there are substituted the words “Part III of the Merchant Shipping (Crew Accommodation) Regulations 1997”.

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