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

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Extension of periods of validity of NLS certificates

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19.—(1) Where the period of validity of a relevant NLS certificate issued in respect of a United Kingdom NLS ship is less than five years, the Certifying Authority that issued the certificate may extend its period of validity to a maximum period of five years provided that any survey required under regulation 11 or 12 has been carried out.

(2) Where—

(a)a relevant renewal survey has been completed by a surveyor; but

(b)a new relevant NLS certificate in respect of that renewal survey cannot be issued or placed on board the ship before the date on which the existing relevant NLS certificate is due to expire,

the surveyor may endorse the existing relevant NLS certificate.

(3) Where a relevant NLS certificate has been endorsed under paragraph (2), that certificate is valid for such further period as is specified in the certificate, not exceeding five months beginning with the original date of expiry of the certificate.

(4) Where—

(a)a relevant survey in respect of a United Kingdom NLS ship has not been completed before the date on which a relevant NLS certificate expires; and

(b)at the date of expiry the ship is not in the port in which the survey is to be carried out,

the Certifying Authority that issued the relevant NLS certificate may extend the period of validity of that certificate for a period not exceeding three months, if it appears to the Certifying Authority that it is proper and reasonable to do so solely for the purpose of enabling that ship to proceed to the port in which the survey is to be carried out.

(5) Where the period of validity of a relevant NLS certificate has been extended under paragraph (4), the ship in question must not be enabled to leave the port of survey until a new relevant NLS certificate has been issued in respect of that ship.

(6) Subject to paragraph (7), the Certifying Authority that issued a relevant NLS certificate in respect of a United Kingdom NLS ship engaged solely on short voyages may extend the period of validity of that certificate for a period not exceeding one month.

(7) A Certifying Authority must not extend the period of validity of a relevant NLS certificate under paragraph (6) if the period of validity of that certificate has already been extended under paragraph (1), (3), (4) or (6).

(8) Subject to paragraph (9) and to regulations 20(3) and 23(1), where a relevant renewal survey has been completed and a new relevant NLS certificate has been issued in respect of a ship referred to in paragraph (4) or (6), the new relevant NLS certificate is valid for such period as is specified in the certificate, not exceeding five years beginning with the original date of expiry of the previous relevant NLS certificate.

(9) In the circumstances described in paragraph (10) the period of validity of a new relevant NLS certificate which is—

(a)issued in respect of a ship referred to in paragraph (4) or (6); or

(b)issued in respect of a ship referred to in regulation 18(2)(b) after the date of expiry of a relevant NLS certificate,

is such period as is specified in the new certificate, not exceeding five years beginning with the date of the completion of the relevant renewal survey in question.

(10) The circumstances are where the owner of the ship—

(a)submits a request to the Certifying Authority for the new period of certification to begin on the date of the completion of the relevant renewal survey;

(b)satisfies the Certifying Authority that the owner is justified in making such a request; and

(c)complies with any reasonable additional survey requirements which the Certifying Authority may impose.

(11) Where the period of validity of a relevant NLS certificate is extended under paragraph (1), (4) or (6), or an endorsement is to be made pursuant to paragraph (2), the Certifying Authority in question must endorse the relevant NLS certificate.

(12) Where—

(a)a relevant annual survey is completed under regulation 11 before the beginning of the annual survey period; or

(b)a relevant intermediate survey is completed under regulation 12 before the beginning of the intermediate survey period,

the anniversary date shown on the relevant NLS certificate must be amended by an endorsement on the relevant NLS certificate by the surveyor undertaking the relevant survey to a date which is not more than three months later than the date on which the survey referred to in sub-paragraph (a) or (b) was completed.

(13) Where the anniversary date on a relevant NLS certificate is amended in accordance with paragraph (12) any subsequent relevant annual or intermediate survey must be completed at the intervals prescribed by these Regulations using the new anniversary date.

(14) Where—

(a)a relevant annual survey is completed under regulation 11 before the beginning of the annual survey period; or

(b)a relevant intermediate survey is completed under regulation 12 before the beginning of the intermediate survey period,

the date of expiry of the relevant NLS certificate may remain unchanged provided that any surveys required by regulation 11 or 12 are carried out, and endorsed on the relevant NLS certificate by the surveyor, so that the maximum intervals between the surveys as required by these Regulations are not exceeded.

(15) In this regulation—

“short voyage” means a voyage which—

(a)

does not exceed 1,000 nautical miles between the last port of call in the country in which the voyage begins and the last port of call in the voyage before beginning any return voyage; and

(b)

on any return voyage does not exceed 1,000 nautical miles between the port of call in which the ship begins its return voyage and the first port of call in the country in which the voyage began,

and, for the purposes of this definition, no account is to be taken of any deviation by a ship from its intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled; and

“the original date of expiry” means the date on which a relevant NLS certificate would have expired but for any extension of its period of validity.

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