The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023
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Change 1
12 Determination of an application for a certificate
(1) On receipt of an application for a certificate, a Certifying Authority must— (a) inform the owner or master that a surveyor is required to carry out a survey of the vessel of a type specified in regulation 8 (survey requirements) and in accordance with section 4 of the Workboat Code Edition 3, or (b) decline the application if— (i) the Certifying Authority does not have the necessary experience or expertise in relation to the type of vessel for which the application is made, or (ii) the application has not been made in accordance with regulation 11(2). (2) The Certifying Authority must consider if a certificate may be issued in respect of a vessel if a notification signed by a surveyor and either the owner or master of the vessel is received. (3) A notification under paragraph (2) must— (a) confirm that at the date of the notification being given— (i) a survey required under these Regulations has been completed, (ii) the vessel meets all the requirements of these Regulations and the Workboat Code Edition 3 in relation to the particular certificate being requested, (b) include a report documenting the vessel’s compliance with the requirements of these Regulations and the Workboat Code Edition 3, and (c) where section 12 or 12B of the Workboat Code Edition 3 applies to the vessel, include stability information or a stability information booklet whichever is appropriate . (4) Where the Workboat Code Edition 3 provides discretion as to which requirements apply to a vessel, a Certifying Authority must make a determination as to which requirements will apply to that vessel to reasonably ensure— (a) the safety of that vessel, and (b) the health and safety of any persons on that vessel. (5) If a Certifying Authority makes a determination under paragraph (4), it must notify the owner or master in writing of the requirements that apply before any certificate is issued under paragraph (6). (6) The Certifying Authority must issue the certificate in accordance with section 4.3 or 4.13 of the Workboat Code Edition 3 if having considered— (a) the notification referred to in paragraph (2), and (b) any requirement it determines will apply under paragraph (4), the Certifying Authority is satisfied that the vessel meets all the relevant requirements of the Workboat Code Edition 3 for a vessel of its type. (7) A certificate issued under this regulation must contain the information specified in the sample certificates set out in Appendix 10 of the Workboat Code Edition 3 depending on the type of certificate being issued. (8) If after considering the notification referred to in paragraph (2), a Certifying Authority determines that the vessel does not meet all of the requirements of these Regulations and the Workboat Code Edition 3 for a vessel of its type, the Certifying Authority must advise— (a) the surveyor who carried out the survey, and (b) the owner or master of that vessel, of the corrective action which, in the opinion of the Certifying Authority, is required before a certificate may be issued. (9) Where corrective action is not taken within such reasonable period as a Certifying Authority may specify, the Certifying Authority must refuse the application for a certificate and notify the surveyor and the owner or master of the vessel of the refusal and the reasons for such refusal.
12 Determination of an application for a certificate
(1) On receipt of an application for a certificate, a Certifying Authority must— (a) inform the owner or master that a surveyor is required to carry out a survey of the vessel of a type specified in regulation 8 (survey requirements) and in accordance with section 4 of the Workboat Code Edition 3, or (b) decline the application if— (i) the Certifying Authority does not have the necessary experience or expertise in relation to the type of vessel for which the application is made, or (ii) the application has not been made in accordance with regulation 11(2). (2) The Certifying Authority must consider if a certificate may be issued in respect of a vessel if a notification signed by a surveyor and either the owner or master of the vessel is received. (3) A notification under paragraph (2) must— (a) confirm that at the date of the notification being given— (i) a survey required under these Regulations has been completed, (ii) the vessel meets all the requirements of these Regulations and the Workboat Code Edition 3 in relation to the particular certificate being requested, (b) include a report documenting the vessel’s compliance with the requirements of these Regulations and the Workboat Code Edition 3, and (c) where section 12 or 12B of the Workboat Code Edition 3 applies to the vessel, include stability information or a stability information booklet whichever is appropriate . (4) Where the Workboat Code Edition 3 provides discretion as to which requirements apply to a vessel, a Certifying Authority must make a determination as to which requirements will apply to that vessel to reasonably ensure— (a) the safety of that vessel, and (b) the health and safety of any persons on that vessel. (5) If a Certifying Authority makes a determination under paragraph (4), it must notify the owner or master in writing of the requirements that apply before any certificate is issued under paragraph (6). (6) The Certifying Authority must issue the certificate in accordance with section 4.3 or 4.13 of the Workboat Code Edition 3 if having considered— (a) the notification referred to in paragraph (2), and (b) any requirement it determines will apply under paragraph (4), the Certifying Authority is satisfied that the vessel meets all the relevant requirements of the Workboat Code Edition 3 for a vessel of its type. (7) A certificate issued under this regulation must contain the information specified in the sample certificates set out in Appendix 10 of the Workboat Code Edition 3 depending on the type of certificate being issued. (8) If after considering the notification referred to in paragraph (2), a Certifying Authority determines that the vessel does not meet all of the requirements of these Regulations and the Workboat Code Edition 3 for a vessel of its type, the Certifying Authority must advise— (a) the surveyor who carried out the survey, and (b) the owner or master of that vessel, of the corrective action which, in the opinion of the Certifying Authority, is required before a certificate may be issued. (9) Where corrective action is not taken within such reasonable period as a Certifying Authority may specify, the Certifying Authority must refuse the application for a certificate and notify the surveyor and the owner or master of the vessel of the refusal and the reasons for such refusal.
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