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The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996

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Procedure to be adopted when corrective action is necessary

9.—(1) In any case where the Certifying Authority determines that the condition of a United Kingdom ship or its equipment does not correspond with the particulars of the IOPP or UKOPP Certificate or is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, the Certifying Authority shall advise the owner or master of the corrective action which in its opinion is required, and shall give notice thereof to the Secretary of State.

(2) If such corrective action is not taken within such period (being a reasonable period) as the Certifying Authority may specify, the Certifying Authority shall, at the end of that time, immediately notify the Secretary of State who may, on receipt of such notification, suspend the validity of the IOPP or UKOPP certificate issued to the ship and shall give notice of any such suspension to the owner and to the Certifying Authority.

(3) The master shall thereupon deliver up the Certificate issued to the Certifying Authority on demand.

(4) Where the ship is in a port of a Convention country (other than the United Kingdom) and corrective action in accordance with paragraph (1) has not been taken, the Certifying Authority shall in addition immediately notify the appropriate authorities of the country in which the port is situated.

(5) Where, in the case of a ship of a Convention country (other than the United Kingdom) which is for the time being in a United Kingdom port, the nominated surveyor or the recognised organisation responsible for issuing the IOPP Certificate to the ship determines that it is necessary to withdraw the certificate, a report shall, unless made by the nominated surveyor or recognised organisation, be made by the master of the ship to the Secretary of State. The Secretary of State may then take such steps as will ensure that the ship shall not sail until it can proceed to sea or leave the port for the purposes of proceeding to the nearest appropriate repair yard available without presenting an unreasonable threat of harm to the marine environment.

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