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The Merchant Shipping (Marine Equipment) Regulations 2016
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- UK Statutory Instruments
- 2016 No. 1025
- PART 2
- Regulation 5
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Requirements for equipmentU.K.
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5.—(1) Subject to paragraph (2), where under international instruments equipment must be approved by the flag state administration, that equipment must comply with applicable international standards when it is placed on board a ship.
(2) When equipment is placed on board a domestic passenger ship or a fishing vessel and that equipment is listed in Annex 1 or 2 of Merchant Shipping Notice MSN 1874 [F1Amendment 3] it must comply with—
(a)applicable international standards;
(b)an alternative standard; or
(c)(where there is no requirement to place that equipment on board a ship but it is placed on board voluntarily) the standard specified by the Secretary of State.
(3) When equipment listed in Annex 3 of Merchant Shipping Notice MSN 1874 [F2Amendment 3] is placed on board a ship it must comply with applicable UK standards.
[F3(4) Equipment listed in Annex 1 of Merchant Shipping Notice MSN 1874 Amendment 3 must be taken to comply with applicable international standards where it is—
(a)approved by an approved body, accompanied by—
(i)a declaration of United Kingdom conformity under regulation 14; and
(ii)affixed with a conformity mark under regulation 15;
(b)approved by an EU notified body, accompanied by an EU declaration of conformity and affixed with an EU conformity mark; or
(c)approved by a recognised third country [F4other than the United States of America] and accompanied by such declarations and marks of conformity (if any) as the Secretary of State may specify.]
[F5(4A) Equipment listed in Annex 6 of Merchant Shipping Notice MSN 1874 Amendment 3 must be taken to comply with applicable international standards where it is—
(a)approved by the United States Coast Guard;
(b)accompanied by a US declaration of conformity; and
(c)affixed with the United Kingdom conformity mark.
(4B) Paragraph (4A) does not apply to any equipment in respect of which approval has been suspended in accordance with Article 15 of the Agreement.]
(5) Equipment listed in [F6Annex 2 of Merchant Shipping Notice MSN 1874 Amendment 3] must be taken to comply with applicable international standards or an alternative standard where it is accompanied by a certificate under regulation 18.
(6) In this regulation—
“alternative standard” means a standard specified as an alternative to an applicable international standard in any instrument listed [F7Annex 4 of Merchant Shipping Notice MSN 1874 Amendment 3].
Textual Amendments
F1Words in reg. 5(2) inserted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 4(2) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 5(3) inserted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 4(3) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)
F3Reg. 5(4) substituted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 4(4) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 5(4)(c) inserted (31.12.2020 immediately after S.I. 2019/470 comes into force) by The Merchant Shipping (Marine Equipment) (Amendment) (UK and US Mutual Recognition Agreement) (EU Exit) Regulations 2019 (S.I. 2019/1304), regs. 1(2), 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F5Reg. 5(4A)(4B) inserted (31.12.2020 immediately after S.I. 2019/470 comes into force) by The Merchant Shipping (Marine Equipment) (Amendment) (UK and US Mutual Recognition Agreement) (EU Exit) Regulations 2019 (S.I. 2019/1304), regs. 1(2), 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in reg. 5(5) substituted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 4(5) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in reg. 5(6) substituted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 4(6) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)
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