The Merchant Shipping (Tonnage) (Amendment) Regulations 2020

Application3

1

Subject to paragraphs (2) and (3), this Part applies to ships, being ships of 24 metres in length or over, registered or to be registered in the United Kingdom under Part II of the Act and for which the ascertainment of tonnage is required under Regulations made under section 10 of the Act.

2

A ship which is not subject to the Convention at the time of its departure on any voyage will not become subject to the Convention on account of any deviation from its intended voyage due to stress of weather or any other circumstances beyond the control of the owner or the master of that ship.

3

In applying the provisions of these Regulations, the Secretary of State must give due consideration to any deviation or delay caused to any ship owing to stress of weather or any other circumstances beyond the control of the owner or the master of that ship.

Inspection15A

1

Subject to paragraph (2), a non-United Kingdom ship is subject to inspection by the Secretary of State when it is in a United Kingdom port for the purpose of verifying that—

a

a valid International Tonnage Certificate (1969) has been issued in relation to the ship, and

b

the main characteristics of the ship correspond with the information contained in the certificate.

2

The inspection may not cause any delay to the ship.

3

In the event that the inspection reveals that the main characteristics of the ship do not correspond with the information contained in its International Tonnage Certificate (1969) to the effect that the gross tonnage or net tonnage exceeds the value recorded in the certificate, the Secretary of State must without delay notify in writing the Government of the State whose flag the ship is flying of this determination.

4

The requirement that the notification referred to in paragraph (3) should be in writing is satisfied where the text of a notification is—

a

transmitted by electronic means,

b

received in legible form, and

c

capable of being used for subsequent reference.

PART VIReview

Review17

1

The Secretary of State must from time to time—

a

carry out a review of the regulatory provisions contained in these Regulations; and

b

publish a report setting out the conclusions of the review.

2

The first report must be published before 20th April 2025.

3

Subsequent reports must be published at intervals not exceeding five years.

4

Section 30(3) of the Small Business, Enterprise and Employment Act 20158 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under the Convention are implemented in other countries which are subject to the obligations.

5

Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

a

set out the objectives intended to be achieved by the regulatory provisions referred to in paragraph (1)(a);

b

assess the extent to which those objectives are achieved;

c

assess whether those objectives remain appropriate; and

d

if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

6

In this regulation “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).