The Merchant Shipping (Life-Saving Appliances and Arrangements) Regulations 2020

Approval and replacement of life-saving appliances and arrangements

6.—(1) Unless approved under the Merchant Shipping (Marine Equipment) Regulations 2016(1), life-saving appliances required by Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1)(2) and placed on board a United Kingdom ship must be approved by the Secretary of State, or any person authorised by the Secretary of State.

(2) Unless approved under the Merchant Shipping (Survey and Certification) Regulations 2015(3), life-saving arrangements required by Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1) on board a United Kingdom ship, must be approved by the Secretary of State, or any person authorised by the Secretary of State.

(3) The Secretary of State, or any person authorised by the Secretary of State, may grant an approval in relation to a United Kingdom ship for anything in Chapter III requiring to be—

(a) approved by the Administration of the State whose flag the ship is entitled to fly;

(b) done to the satisfaction of such Administration; or

(c) acceptable to that Administration(4).

(4) An approval given under paragraph (1), (2) or (3) may, on the giving of reasonable notice, be continued, altered or cancelled.

(5) Any approval given under paragraph (1), (2) or (3), or a continuation, alteration or cancellation under paragraph (4), 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.

(6) The requirement that the approval referred to in paragraph (1), (2) or (3), or a continuation, alteration or cancellation under paragraph (4), be in writing is satisfied where the text of the approval is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

(7) Subject to paragraph (8), any item of life-saving equipment marked with an expiry date—

(a) ceases to be approved for the purposes of these Regulations on the expiry date; and

(b) must be replaced on or before the expiry date.

(8) The emergency pack of an inflatable liferaft, which is inspected at the time of the annual servicing of the liferaft and has more than six months remaining before the expiry date at the time of that inspection, may be retained until the next annual service.

(1)

S.I. 2016/1025. The Regulations are amended by this instrument and prospectively by S.I. 2019/470 and S.I. 2019/1304. There is another amending instrument which is not relevant. Annex 2 of Merchant Shipping Notice 1874 (M+F) Amendment 3 (“MSN 1874 Amendment 3”) lists the life-saving appliances that the Secretary of State considers comply with Chapter III and the requirements of the LSA Code. MSN 1874 Amendment 3 is available in hard copy from the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(2)

Merchant Shipping Notice 1676 (Amendment 1) is available on www.gov.uk/topic/ships-cargoes/m-notices and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(3)

S.I. 2015/508, amended by S.I. 2018/53 and prospectively by S.I. 2018/1221.

(4)

Guidance in relation to the matters requiring the approval of the Secretary of State in Chapter III, and on matters which are acceptable to, or required to be to the satisfaction of, the Secretary of State, is contained in Merchant Shipping Notice 1676 (Amendment 1).