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The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Electromagnetic Fields) Regulations 2016

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Inspection and other measures in respect of ships registered outside the United Kingdom

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14.—(1) When a ship which is not a United Kingdom ship is in United Kingdom waters, a relevant inspector may inspect that ship to ascertain whether the standards required in relation to United Kingdom ships by these Regulations are met in relation to that ship.

(2) Where a surveyor of ships is satisfied that the standards required in relation to United Kingdom ships by these Regulations are not met in relation to a ship which is not a United Kingdom ship but is in United Kingdom waters, that surveyor may—

(a)send a report to the government of the State whose flag the ship is entitled to fly, and a copy of that report to the Director General of the International Labour Office(1); and

(b)where conditions on board are clearly hazardous to health and safety, take such measures as are necessary to ensure those conditions are rectified.

(3) A ship to which paragraph (2)(b) applies is liable to be detained until a surveyor of ships is satisfied that those conditions are rectified.

(4) A surveyor of ships may permit a ship which is liable to be detained under paragraph (3) to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard.

(5) If any of the measures specified in paragraph (2)(b) or (3) are taken, the surveyor of ships must immediately notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.

(6) A ship must not, in the exercise of the power under this regulation, be delayed or detained unreasonably.

(7) In paragraph (1)—

“relevant inspector” means a person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Act (powers to inspect ships and their equipment, etc)(2).

(1)

The International Labour Office is the permanent secretariat of the International Labour Organisation, which is an agency of the United Nations.

(2)

Section 258(1) was amended by the Merchant Shipping and Maritime Security Act 1997 (c.28), Schedule 1, paragraph 4 and Schedule 7, Part I, and modified in relation to a ship in a port in the United Kingdom by S.I. 1995/3158.

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