The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023

Exemptions

6.—(1) This regulation does not apply in relation to the requirement to hold a certificate under regulation 9.

(2) Subject to paragraph (1), any provision in these Regulations or the Workboat Code Edition 3, does not apply in respect of a vessel if, in exceptional circumstances, the Secretary of State grants an exemption from those provisions because it is either impracticable or unreasonable for that vessel to comply.

(3) An exemption under paragraph (2) may be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the vessel, its occupants or any other person or the environment.

(4) An exemption granted under paragraph (2) may, on the giving of reasonable notice, be altered or cancelled.

(5) Where an exemption under paragraph (2) is granted subject to safety requirements under paragraph (3), the exemption ceases to have effect if those requirements are not complied with.

(6) An exemption granted under paragraph (2), or an alteration or cancellation under paragraph (4), must—

(a) be in writing,

(b) specify the date on which it takes effect, and

(c) specify such safety requirements, if any, on which it is given.

(7) The requirement that an exemption granted under paragraph (2), or an alteration or cancellation under paragraph (4), be in writing is satisfied where the text of the exemption, alteration or cancellation is—

(a) transmitted by electronic means,

(b) received in legible form, and

(c) capable of being used for subsequent reference.

(8) The expiry of the validity of an exemption granted under paragraph (2), or an alteration under paragraph (4), must not be later than the expiration date specified for the certificate relevant to the vessel in regulation 13 (duration of a certificate).

(9) This regulation applies to a Certifying Authority who is not the Secretary of State but only in relation to anything required under the Workboat Code Edition 3 that is authorised by the Secretary of State.