The Merchant Shipping (Anti-Fouling Systems) Regulations 2009

General provisions on inspection of ships U.K.

10.—(1) Subject to paragraph (6), for the purposes of checking compliance with the provisions of the EC Regulation and these Regulations, the following persons, namely—

(a) a surveyor of ships,

(b) a superintendent,

(c) any person appointed by the Secretary of State, either generally or in a particular case, to exercise powers under section 258 of the 1995 Act M1 ,

may at all reasonable times go on board a ship to which these Regulations apply and inspect the ship and its equipment or any part thereof, any articles on board and any document carried in the ship in pursuance of the EC Regulation.

(2) Section 258(1A), (3) and (5) of the 1995 Act (supplementary provisions relating to powers to inspect ships and their equipment) applies in relation to paragraph (1), and as if references in that section to “subsection (1) above” and “this section” were to paragraph (1).

(3) Subject to paragraph (6), the powers conferred by paragraph (1) are, if the ship is a United Kingdom ship, also exercisable outside United Kingdom waters and controlled waters, and may be so exercised by a proper officer as well as the persons mentioned in that paragraph.

(4) Subject to paragraph (6), sections 259(1), (2), (5), (7) and (9) to (12) and 260(1) and (2) of the 1995 Act (powers of inspectors in relation to premises and ships, and supplementary provisions) apply in relation to the inspection of a ship to which these Regulations apply for the purposes of checking compliance with the provisions of the EC Regulation and these Regulations, as they apply in relation to the inspection of a ship for the purposes of checking compliance with the 1995 Act, and as if—

(a) references in those sections to “this Act” were to these Regulations;

(b) for section 259(1)(b) there were substituted a reference to any ship to which these Regulations apply;

(c) in section 259(2)(h)(iii), “or any instrument made under it” were omitted; and

(d) in section 259(5), the reference to “subsections (2) and (4) above for the purposes of Chapter II of Part VI” were to “subsection (2) above”, and the reference to “those subsections” were to “that subsection”.

(5) Sections 261 to 266 of the 1995 Act (improvement notices and prohibition notices) M2 apply in relation to improvement notices and prohibition notices to be served in relation to a ship to which these Regulations apply, as they apply in relation to improvement notices and prohibition notices to be served in relation to other ships, and as if—

(a) references in those sections to “the relevant statutory provisions” were to Articles 4 and 5(2), and regulations 5(2) and (3) and 6(2); and

(b) subsection (4) of section 261 were omitted.

(6) The relevant powers to inspect a ship and its equipment, any part of the ship, any articles on board and any document carried in the ship, are limited to one or both of the following—

(a) verifying whether the ship holds a valid AFS-Certificate or an AFS-Declaration,

(b) a brief sampling of the ship's anti-fouling system that does not affect the integrity, structure or operation of the anti-fouling system,

except where there are clear grounds for believing that the ship is in violation of the EC Regulation or these Regulations.

(7) In this regulation—

(a) “proper officer” has the same meaning as in section 313(1) of the 1995 Act;

(b) “relevant powers” means the powers conferred by paragraph (1) or (3), or by section 259 of the 1995 Act as applied by paragraph (4); and

(c) “superintendent” means a mercantile marine superintendent appointed under section 296 of the 1995 Act.

Marginal Citations

M1 1995 c.21; section 258(1) was amended by the Merchant Shipping and Maritime Security Act 1997 (c.28), Schedule 1.

M2 Section 261 has been amended, but the amendments are not relevant to these Regulations.