The Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024
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Change 1
6 Exemptions
(1) The Secretary of State may grant an exemption from any provision of these Regulations in respect of a ship which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage. (2) The Secretary of State may grant an exemption from the requirements of— (a) regulation 18(3) (repairs, alterations, modifications and outfitting), in respect of a chemical tanker; or (b) regulation 22(3) (repairs, alterations, modifications and outfitting), in respect of a gas carrier, if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that chemical tanker or gas carrier. (3) The Secretary of State may, in exceptional circumstances not provided for in paragraph (1), grant an exemption from any provision of these Regulations in respect of a ship or class of ship if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that ship or class of ship. (4) An exemption under paragraph (1), (2) or (3) may be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the ship. (5) An exemption granted under paragraph (1), (2) or (3) may, on the giving of reasonable notice, be altered or cancelled. (6) An exemption granted under paragraph (1), (2) or (3), or an alteration or cancellation under paragraph (5), must— (a) be in writing; (b) specify the date on which it takes effect; and (c) specify the terms, if any, on which it is given. (7) The requirement that the exemption granted under paragraph (1), (2) or (3), or an alteration or cancellation under paragraph (5), be in writing is satisfied where the text of the exemption, alteration or cancellation is— (a) transmitted by electronic means; (b) received in legible form; and (c) capable of being used for subsequent reference. (8) Where an exemption is granted subject to safety requirements under paragraph (4), the exemption ceases to have effect if those requirements are not complied with. (9) In this regulation— “international voyage” means a voyage between— a port in the United Kingdom and a port outside the United Kingdom; or a port in a Convention country other than the United Kingdom and a port in any other country or territory, whether a Convention country or not, which is outside the United Kingdom; “Convention country” means a country or territory which is either a country the Government of which is party to SOLAS or a territory to which SOLAS extends whether or not it is subject to the amendments to, or reservations in respect of, SOLAS.
6 Exemptions
(1) The Secretary of State may grant an exemption from any provision of these Regulations in respect of a ship which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage. (2) The Secretary of State may grant an exemption from the requirements of— (a) regulation 18(3) (repairs, alterations, modifications and outfitting), in respect of a chemical tanker; or (b) regulation 22(3) (repairs, alterations, modifications and outfitting), in respect of a gas carrier, if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that chemical tanker or gas carrier. (3) The Secretary of State may, in exceptional circumstances not provided for in paragraph (1), grant an exemption from any provision of these Regulations in respect of a ship or class of ship if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that ship or class of ship. (4) An exemption under paragraph (1), (2) or (3) may be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the ship. (5) An exemption granted under paragraph (1), (2) or (3) may, on the giving of reasonable notice, be altered or cancelled. (6) An exemption granted under paragraph (1), (2) or (3), or an alteration or cancellation under paragraph (5), must— (a) be in writing; (b) specify the date on which it takes effect; and (c) specify the terms, if any, on which it is given. (7) The requirement that the exemption granted under paragraph (1), (2) or (3), or an alteration or cancellation under paragraph (5), be in writing is satisfied where the text of the exemption, alteration or cancellation is— (a) transmitted by electronic means; (b) received in legible form; and (c) capable of being used for subsequent reference. (8) Where an exemption is granted subject to safety requirements under paragraph (4), the exemption ceases to have effect if those requirements are not complied with. (9) In this regulation— “international voyage” means a voyage between— a port in the United Kingdom and a port outside the United Kingdom; or a port in a Convention country other than the United Kingdom and a port in any other country or territory, whether a Convention country or not, which is outside the United Kingdom; “Convention country” means a country or territory which is either a country the Government of which is party to SOLAS or a territory to which SOLAS extends whether or not it is subject to the amendments to, or reservations in respect of, SOLAS.
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