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

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Procedure to be adopted when a ship is deficient

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16.—(1) This regulation applies where a surveyor determines that—

(a)the condition of a ship to which paragraphs (1) to (5) of this regulation apply, or its equipment, does not correspond substantially with the particulars of the appropriate certificate (if any) issued in respect of the ship, or

(b)a ship to which paragraphs (1) to (5) of this regulation apply, is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.

(2) The surveyor must—

(a)advise the owner or master of the corrective action which in the opinion of the surveyor is required, and

(b)where an appropriate certificate has been issued in respect of the ship and is still valid, notify the Certifying Authority that issued the appropriate certificate—

(i)that the surveyor has so advised the owner and master, and

(ii)if that corrective action is not taken.

(3) Where an appropriate certificate has been issued in respect of the ship and is still valid, the Certifying Authority may suspend the validity of that certificate until the corrective action has been taken.

(4) Where the Certifying Authority suspends the validity of an appropriate certificate issued in respect of a ship, it must immediately give notice of such suspension—

(a)to the owner of the ship, and

(b)where the ship is in a port outside the United Kingdom, to the appropriate maritime authorities of the country in which the port is situated.

(5) Where the owner of the ship is given notice of suspension, that owner must notify the master of the ship in question of the suspension.

(6) Paragraphs (1) and (2) have effect in relation to a ship to which this paragraph applies as they have effect in relation to a ship to which those paragraphs apply as if—

(a)the reference to “the Certifying Authority” were to the Government of the State where the ship is registered (or if the ship is not registered, the Government of the flag State), and

(b)the reference to “a surveyor” included a reference to a person authorised by that Government to survey the ship.

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