The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008

Extension of periods of validity of appropriate certificates

15.—(1) Where the period of validity of an appropriate certificate issued in respect of a ship to which this regulation applies is less than five years, the Certifying Authority that issued the certificate may extend its period of validity to a maximum period of five years provided that any survey required under regulation 7 or 8 has been carried out.

(2) Where—

(a)a renewal survey has been completed by a surveyor, but

(b)a new appropriate certificate cannot be issued or placed on board the ship before the date of expiry of the latest appropriate certificate,

the surveyor may endorse the latest appropriate certificate.

(3) Where an appropriate certificate has been endorsed under paragraph (2), that certificate is valid for such further period as is specified in the certificate, not exceeding five months beginning with the original date of expiry of the certificate.

(4) Where—

(a)a renewal survey has not been completed before the date of expiry of the latest appropriate certificate in question, and

(b)at the date of expiry the ship is not in the port in which the survey is to be carried out,

the Certifying Authority that issued the latest appropriate certificate may extend the period of validity of that certificate for a period not exceeding three months, if it appears to the Certifying Authority that it is proper and reasonable to do so solely for the purpose of allowing the ship to complete its voyage to its port of survey.

(5) Where the period of validity of an appropriate certificate has been extended pursuant to paragraph (4), the ship in question must not leave its port of survey until a new appropriate certificate has been issued in respect of that ship.

(6) Subject to paragraph (7), the Certifying Authority that issued the latest appropriate certificate in respect of a ship engaged solely on short voyages may extend the period of validity of that certificate for a period not exceeding one month.

(7) A Certifying Authority must not extend the period of validity of an appropriate certificate under paragraph (6) if the period of validity of that certificate has already been extended under paragraph (1), (3) or (4).

(8) Subject to paragraph (9) and to regulations 16(3) and 18(1), where a renewal survey has been completed and a new appropriate certificate has been issued in respect of a ship referred to in paragraph (5) or (6), the new appropriate certificate is valid for such period as is specified in the certificate, not exceeding five years beginning with the original date of expiry of the previous appropriate certificate.

(9) In the special circumstances set out in Marine Guidance Note 381 (M+F), the period of validity of a new appropriate certificate which is—

(a)issued in respect of a ship referred to in paragraph (5) or (6), or

(b)referred to in regulation 14(2) (b) and issued where the renewal survey is completed after the date of expiry of the latest appropriate certificate,

is such period as is specified in the new certificate, not exceeding five years beginning with the date of the completion of the renewal survey in question.

(10) Where the period of validity of an appropriate certificate is extended under paragraph (1), (4) or (6), or an endorsement is to be made pursuant to paragraph (2), the Certifying Authority in question must endorse the appropriate certificate in accordance with paragraph (11).

(11) An endorsement referred to in paragraph (10) must be —

(a)in the form set out in Appendix 1 to Annex VI where the certificate is an IAPP certificate, and

(b)in the form set out in Appendix 5 to Merchant Shipping Notice 1819 (M+F) where the certificate is an UKAPP Certificate

(12) Where—

(a)a survey is completed under regulation 7 before the annual survey period, or

(b)a survey is completed under regulation 8 before the intermediate survey period,

the anniversary date shown on the appropriate certificate shall be amended by an endorsement on the appropriate certificate to a date which shall not be more than three months later than the date on which the survey referred to in sub-paragraph (a) or (b) was completed.

(13) Where the anniversary date on an appropriate certificate is amended in accordance with paragraph (12) any subsequent annual or intermediate survey required under these Regulations shall be completed at the intervals prescribed by these Regulations using the new anniversary date.

(14) Where—

(a)a survey is completed under regulation 7 before the annual survey period, or

(b)a survey is completed under regulation 8 before the intermediate survey period,

the date of expiry of the appropriate certificate may remain unchanged provided that any surveys required by regulation 7 or 8 are carried out so that the maximum intervals between the surveys as required by these Regulations are not exceeded.

(15) In this regulation—

(a)“annual survey period” has the same meaning as in regulation 7,

(b)“intermediate survey period” has the same meaning as in regulation 8, and

(c)“the original date of expiry” means the date on which an appropriate certificate would have expired but for any extension of its period of validity.