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3.—(1) Every fishing vessel of 12 metres in length and over shall carry an EPIRB capable of operating on the frequency of 406MHz: provided that in place of this requirement until 15th April 1992 the Secretary of State may permit the carriage of an EPIRB not capable of operating on the frequency of 406 MHz, if the EPIRB was installed before 15th March 1988.
(2) Each EPIRB required to be carried by paragraph (1) above shall—
(a)be fitted to the vessel—
(i)mounted on a float-free arrangement whose operation will activate the EPIRB; and
(ii)in such a position that it is protected from possible damage and can easily be removed from its mounting and placed in any survival craft—
Provided that the Secretary of State may in place of the above requirement permit an EPIRB to be fitted in each of the inflatable liferafts required to be carried on vessels of 12 metres and over if he is satisfied that the arrangements for stowage and activation are at least as effective as being mounted on a float-free arrangement;
(b)have its source of energy replaced whenever necessary and at least before the expiry date shown on the source of energy;
(c)as far as practicable, be in a condition capable of operation at all times when the vessel is at sea or proceeding to sea;
(d)conform to relevant performance specifications issued by the Department of Trade and Industry, as specified in Department of Transport Merchant Shipping Notice No. M1291; and those specifications shall include a reference to any document amending the same which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
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