PART 6Survey and certification of ships

Additional surveys of United Kingdom ships32

1

This regulation applies to a United Kingdom ship where—

a

a repair resulting from an investigation referred to in regulation 31(5) (responsibilities of the owner and the master) has been made to the ship; or

b

a change, replacement or significant repair has been made to the structure, equipment, systems, fittings, arrangements or material necessary to achieve full compliance with Part 2 (discharge of ballast water and sediments), Part 3 (ballast water management) and Part 5 (equipment).

2

A ship to which this regulation applies must not—

a

proceed to sea; or

b

if it is already at sea, remain at sea,

unless the requirements set out in paragraph (3) are met.

3

The requirements are that—

a

a survey has been carried out in respect of the ship;

b

at the date of the survey the surveyor is satisfied that—

i

the change, replacement or significant repair has been made effectively; and

ii

the ship complies in all respects with the requirements of these Regulations; and

c

the surveyor has issued a report expressing the satisfaction required by sub-paragraph (b).

4

Where a survey of a ship under paragraph (3) results from the installation of a new ballast water management system, in order to be satisfied that the change or replacement has been made effectively the surveyor must verify that it—

a

has been installed in accordance with the requirements of section 8 of Merchant Shipping Notice MSN 1908 (M+F); and

b

has been subject to a commissioning test which shows that it processes any ballast water or sediments such that they meet the standard in regulation 13 (ballast water and sediment treatment standard).

5

In the case of a dispute as to whether a repair effected or intended to be effected in respect of a ship is a significant repair for the purposes of paragraph (1)(b), the owner or master of a ship may serve a written request upon the Secretary of State seeking advice12.

6

A repair is not to be regarded as being a significant repair for the purposes of this regulation unless the Secretary of State advises to the contrary within 21 days of receipt of a request under paragraph (5).