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

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Certifying Authorities

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3.—(1) In these Regulations, “Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State.

(2) Authorisation under paragraph (1) may be given conditionally or unconditionally and is subject to paragraph (4).

(3) Without prejudice to the generality of paragraph (2), conditions may impose limitations on any person’s authorisation relating to—

(a)individual ships;

(b)classes of ships;

(c)the extent of any survey to be carried out by that person.

(4) The Secretary of State may specify in relation to an individual case or to a class of cases, that for the purpose of these Regulations a survey, or part of a survey, may only be carried out by the Secretary of State and not by another Certifying Authority.

(5) A Certifying Authority, other than the Secretary of State, is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and its property is not to be regarded as property of, or held on behalf of, the Crown.

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