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4. In regulation 16 (procedure to be adopted when a ship is deficient)—
(a)for paragraph (1) substitute—
“(1) This regulation applies where a surveyor determines that—
(a)the condition of a ship 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 is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.”; and
(b)for paragraph (6) substitute—
“(6) In the application of paragraphs (1) and (2) to a ship of the kind specified in regulation 3(6)—
(a)“the Certifying Authority” means 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)“surveyor” includes a person authorised by that Government to survey the ship.”.
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