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The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018

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Responsibilities of the owner and master of an NLS ship

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13.—(1) The owner and the master of an NLS ship must ensure that the condition of the ship and its equipment are maintained to conform with the relevant requirements which apply to the ship, so as to ensure that the ship in all respects remains fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment (including to waters within the seaward limits of the territorial waters of the United Kingdom).

(2) The owner and the master of an NLS ship must ensure that, after any survey of the ship required by these Regulations has been completed, no change, except by way of direct replacement, is made to the structure, equipment, systems, fittings, arrangements and materials of the ship covered by the survey without the approval of either—

(a)the Certifying Authority who appointed the surveyor to carry out the survey; or

(b)the Secretary of State, where the relevant survey was carried out and the relevant NLS certificate was issued by a Contracting State other than the United Kingdom following a request made by the Secretary of State pursuant to regulation 16,

as the case may be.

(3) Whenever—

(a)an accident occurs to an NLS ship; or

(b)a defect is discovered in an NLS ship,

which substantially affects the integrity of the ship or the efficiency or completeness of the equipment of the ship as required under these Regulations, the owner and the master of the ship must comply with the requirements of paragraph (4).

(4) The requirements are that—

(a)the accident or defect is reported at the earliest opportunity to the Certifying Authority that issued the relevant NLS certificate in respect of the ship; and

(b)in the case of a ship in a port outside the United Kingdom the accident or the defect is immediately reported to the appropriate maritime authorities in the country in which the port is situated.

(5) Whenever an accident or defect is reported to a Certifying Authority in accordance with paragraph (4)(a), the Certifying Authority—

(a)must cause an investigation to be initiated to determine whether or not an additional survey and any repair is necessary; and

(b)must, if it considers that an additional survey or repair is necessary, cause that survey or repair to be carried out.

(6) Whenever an accident or defect is reported to a Certifying Authority in accordance with paragraph (4)(a) and the ship in question is in a port outside the United Kingdom, the Certifying Authority must take all appropriate steps to ascertain that the requirement in paragraph (4)(b) has been complied with.

(7) In paragraph (2) “direct replacement” means the direct replacement of equipment and fittings with equipment and fittings that conform with the relevant requirements which apply to that ship.

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