The Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006

Reports and defects

14.—(1) The employer and any person from whom the equipment has been hired or leased, shall as soon as practicable after a thorough examination has been carried out in accordance with regulation 12(2) obtain a report from the person making that examination.

(2) The person making a thorough examination under regulation 12(2) or within regulation 12(6) shall—

(a) notify the employer, or other person who has control of the matter, forthwith of any deficiency in the lifting equipment which in his opinion is or could become a danger to persons;

(b) as soon as is practicable make a report, conforming with the requirements of paragraph (3), of the thorough examination to—

(i) the employer; and

(ii) any person from whom the equipment has been hired or leased;

(c) where there is in his opinion a deficiency in the lifting equipment involving an existing or imminent risk of serious personal injury, send a copy of the report as soon as is practicable to the relevant enforcing authority.

(3) The report made under paragraph (2) shall be in writing and authenticated by the person making the thorough examination or on his behalf by signature or equally secure means and contained in a certificate which sets out the matters mentioned in Marine Guidance Note 332.

(4) A person making an inspection for an employer under paragraph (1) or (2)(b) of regulation 12 shall—

(a) notify the employer, or other person who has control of the matter, forthwith of any deficiency in the lifting equipment which in his opinion is or could become a danger to persons; and

(b) as soon as is practicable make a record of the inspection in writing.

(5) Where the employer, or other person who has control of the matter, has been notified of any deficiency under paragraph (2) or (4), he shall ensure that—

(a) any condition liable to result in a dangerous situation is remedied in good time, and

(b) in the case of a deficiency to which paragraph (2)(c) applies, lifting equipment is not used unless and until the deficiency is rectified.

(6) In this regulation “relevant enforcing authority” means such of the following as are applicable—

(a) where the defective equipment has been hired or leased by the employer in Great Britain, the Health and Safety Executive;

(b) where the defective equipment has been hired or leased by the employer in Northern Ireland, the Health and Safety Executive for Northern Ireland;

(c) where the defective equipment is installed or used on a United Kingdom ship, the Maritime and Coastguard Agency;

(d) where the defective equipment is installed or used on any ship other than a United Kingdom ship, the maritime authority of the State in which the ship is registered;

(e) otherwise the enforcing authority for the premises in which the defective equipment was thoroughly examined.