The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025
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Change 1
22 Deficient vessels
(1) This regulation applies to a large or small vessel where a surveyor determines that— (a) the condition of the vessel or its equipment does not correspond substantially with the particulars of the certificate issued in respect of the vessel; (b) the condition of a vessel is such that it is not fit to undertake a voyage without danger to the vessel or to any person on board; or (c) the vessel is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment. (2) In the circumstances described in paragraph (1) the surveyor must— (a) immediately inform the owner and master of the corrective action which, in the opinion of the surveyor, is required; (b) specify the period within which such corrective action should be taken; and (c) where the vessel has a valid certificate, notify the Certifying Authority which issued the certificate in respect of that vessel that the owner or master has been so advised. (3) The owner or master must notify the surveyor and the Certifying Authority once corrective action required under paragraph (2)(a) has been completed. (4) If the surveyor approves the corrective action undertaken for the purposes of paragraph (2)(a), the surveyor must provide confirmation of such approval to— (a) the owner or master of the vessel, and (b) the Certifying Authority. (5) If corrective action is not completed within such reasonable period as the surveyor may specify, the Certifying Authority may suspend the relevant certificate. (6) A certificate suspended by a Certifying Authority may be— (a) reinstated if the Certifying Authority is notified by a surveyor of the vessel that corrective action has been taken, or (b) cancelled by the Certifying Authority if a notification is not received from a surveyor of the vessel within a period of 3 months following the date of the suspension that corrective action has been taken. (7) The period provided for in paragraph (6)(b) may be extended by the Certifying Authority if the Certifying Authority believes that the owner or master of the vessel is taking reasonable steps to bring the vessel into compliance. (8) The Secretary of State may give written notice to a Certifying Authority requiring the suspension or cancellation of a certificate it has issued if the Secretary of State has reasonable grounds to believe that the vessel to which the certificate relates does not satisfy the requirements of these Regulations or the relevant code of practice. (9) The Certifying Authority must give notice in writing of a suspension, an extension of any suspension, a cancellation or a reinstatement of a certificate to— (a) the owner or master of the vessel; (b) the surveyor of that vessel; (c) the Secretary of State where the Certifying Authority is not the Secretary of State. (10) Where the owner of the vessel has been notified of the suspension, reinstatement or cancellation of a certificate under paragraph (5) or (6), that owner must, as soon as reasonably practicable— (a) give notice in writing to the master of the vessel in question of the suspension, reinstatement or cancellation; and (b) where the vessel is in a port outside the United Kingdom, give notice in writing of such suspension, reinstatement or cancellation to the appropriate maritime authorities of the country in which the port is situated.
22 Deficient vessels
(1) This regulation applies to a large or small vessel where a surveyor determines that— (a) the condition of the vessel or its equipment does not correspond substantially with the particulars of the certificate issued in respect of the vessel; (b) the condition of a vessel is such that it is not fit to undertake a voyage without danger to the vessel or to any person on board; or (c) the vessel is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment. (2) In the circumstances described in paragraph (1) the surveyor must— (a) immediately inform the owner and master of the corrective action which, in the opinion of the surveyor, is required; (b) specify the period within which such corrective action should be taken; and (c) where the vessel has a valid certificate, notify the Certifying Authority which issued the certificate in respect of that vessel that the owner or master has been so advised. (3) The owner or master must notify the surveyor and the Certifying Authority once corrective action required under paragraph (2)(a) has been completed. (4) If the surveyor approves the corrective action undertaken for the purposes of paragraph (2)(a), the surveyor must provide confirmation of such approval to— (a) the owner or master of the vessel, and (b) the Certifying Authority. (5) If corrective action is not completed within such reasonable period as the surveyor may specify, the Certifying Authority may suspend the relevant certificate. (6) A certificate suspended by a Certifying Authority may be— (a) reinstated if the Certifying Authority is notified by a surveyor of the vessel that corrective action has been taken, or (b) cancelled by the Certifying Authority if a notification is not received from a surveyor of the vessel within a period of 3 months following the date of the suspension that corrective action has been taken. (7) The period provided for in paragraph (6)(b) may be extended by the Certifying Authority if the Certifying Authority believes that the owner or master of the vessel is taking reasonable steps to bring the vessel into compliance. (8) The Secretary of State may give written notice to a Certifying Authority requiring the suspension or cancellation of a certificate it has issued if the Secretary of State has reasonable grounds to believe that the vessel to which the certificate relates does not satisfy the requirements of these Regulations or the relevant code of practice. (9) The Certifying Authority must give notice in writing of a suspension, an extension of any suspension, a cancellation or a reinstatement of a certificate to— (a) the owner or master of the vessel; (b) the surveyor of that vessel; (c) the Secretary of State where the Certifying Authority is not the Secretary of State. (10) Where the owner of the vessel has been notified of the suspension, reinstatement or cancellation of a certificate under paragraph (5) or (6), that owner must, as soon as reasonably practicable— (a) give notice in writing to the master of the vessel in question of the suspension, reinstatement or cancellation; and (b) where the vessel is in a port outside the United Kingdom, give notice in writing of such suspension, reinstatement or cancellation to the appropriate maritime authorities of the country in which the port is situated.
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