The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022

Duration and validity of an IBWM Certificate

28.—(1) An IBWM Certificate issued in respect of a United Kingdom ship is valid from the date of completion of the initial or renewal survey which immediately preceded the issue of the Certificate.

(2) Subject to paragraphs (4) to (6) and regulations 29 (extension of periods of validity of IBWM Certificates by a Certifying Authority) and 30 (extension of periods of validity of IBWM Certificates by a surveyor), an IBWM Certificate issued in respect of a United Kingdom ship is valid for such period as is specified in the Certificate, not exceeding five years beginning with—

(a) the date specified in paragraph (1);

(b) the date of expiry of the previous IBWM Certificate where the renewal survey is completed—

(i) within three months before the expiry of that IBWM Certificate; or

(ii) after the date of expiry of that IBWM Certificate; or

(c) the original date of expiry of the previous IBWM Certificate, where a new IBWM Certificate has been issued in respect of a ship referred to in regulation 29(1)(b) or (3) (extension of periods of validity of IBWM Certificates by a Certifying Authority).

(3) Paragraph (4) applies where, following a renewal survey, an IBWM Certificate is issued in respect of—

(a) a ship to which paragraph (2)(b)(ii) applies; or

(b) a ship referred to in regulation 29(1)(b) or (3) (extension of periods of validity of IBWM Certificates by a Certifying Authority).

(4) In the circumstances described in paragraph (5) the Secretary of State may direct a Certifying Authority that the new IBWM Certificate is to be valid for such a period as is specified in the Certificate, not exceeding five years beginning with the date of completion of the renewal survey in question.

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

(a) submits a request to the Secretary of State for a direction in paragraph (4);

(b) satisfies the Secretary of State that the owner is justified in making such a request; and

(c) complies with any reasonable additional survey requirements which the Secretary of State may impose.

(6) An IBWM Certificate issued in respect of a United Kingdom ship ceases to be valid—

(a) upon the ship being transferred to the flag of a foreign State;

(b) if a survey under regulation 25 (surveys of United Kingdom ships) is not completed in accordance with the requirements of these Regulations;

(c) upon the ship proceeding to sea when—

(i) regulation 32 (additional surveys of United Kingdom ships) applies to the ship; but

(ii) the requirements of regulation 32(3) have not been complied with;

(d) if the relevant IBWM Certificate is not endorsed following an intermediate or annual survey;

(e) for so long as the IBWM Certificate is suspended pursuant to regulation 35(3) (procedure to be adopted when a ship is deficient);

(f) upon the IBWM Certificate being cancelled by the Secretary of State under regulation 37 (miscellaneous provisions relating to IBWM Certificates);

(g) subject to regulation 30 (extension of periods of validity of IBWM Certificates by a surveyor), upon a new IBWM Certificate being issued in respect of the ship; or

(h) upon the date of expiry of the IBWM Certificate.

(7) In this regulation and regulation 30 (extension of periods of validity of IBWM Certificates by a surveyor) “the original date of expiry” means the date on which a relevant IBWM Certificate would have expired but for any extension of its period of validity.