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The Merchant Shipping (Cargo Ship Construction) Regulations 1997
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PART XEQUIVALENTS, PENALTIES AND DETENTION
Alternative construction, equipment and machinery
57.—(a) Where these Regulations require that the hull or machinery of a ship shall be constructed in a particular manner, or that particular equipment shall be provided, or that particular provisions shall be made, the Secretary of State shall permit the hull or machinery of the ship to be constructed in any other manner, or any other equipment to be provided or other provision made, if he is satisfied by trial thereof or otherwise that such other construction, equipment or provision is at least as effective as that required by these Regulations.
(b)For the purposes of these Regulations, the results of a verification or test shall be accepted if the verification or test is carried out—
(i)in accordance with these Regulations or with a Standard, Code of Practice, specification or technical description of an EEA State other than the United Kingdom offering equivalent levels of safety, suitability and fitness for the purpose; and
(ii)by a body or laboratory of an EEA State other than the United Kingdom offering suitable and satisfactory guarantees of technical and professional competence and independence.
Penalties
58. If a ship proceeds or attempts to proceed to sea without complying with the requirements of these Regulations, the owner and master of the ship shall each, in respect of each case of non-compliance, be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
Power to detain
59. In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that as if for the words “this Act” wherever they appear, there were substituted “the Merchant Shipping (Cargo Ship Construction) Regulations 1997”.
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