The Merchant Shipping (Radiocommunications) (Amendment) Regulations 2021

4.  In regulation 5 (equivalents and exemptions)— U.K.

(a) in paragraph (2), for “the bodies and laboratories of any EEA State” substitute “bodies and laboratories”;

(b) for paragraph (3) substitute—

“(3) Where paragraph (4) applies, the Secretary of State may grant an exemption from the requirements of these Regulations in respect of a ship provided the functional requirements in paragraph 2 of Merchant Shipping Notice 1903 (M)(1) are satisfied in respect of that ship.

(4) This paragraph applies—

(a) if the conditions in respect of that ship affecting safety are such as to render the full application of the requirements in regulation 8 unreasonable; or

(b) in exceptional circumstances in respect of a single voyage in relation to which the ship is not equipped.

(5) Where paragraph (4) does not apply, the Secretary of State may, in exceptional circumstances, grant an exemption from any provision of these Regulations a ship or class of ship if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that ship or class of ship.

(6) An exemption granted under paragraph (3) or (5) may—

(a) be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the ship; and

(b) on the giving of reasonable notice, be altered or cancelled.

(7) An exemption granted under paragraph (3) or (5), or an alteration or cancellation under paragraph (6)(b), 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.

(8) The requirement that an exemption granted under paragraph (3) or (5), or an alteration or cancellation under paragraph (6)(b), be in writing is satisfied where the text of the exemption, alteration or cancellation is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

(9) Where an exemption granted under paragraph (3) or (5) is granted subject to safety requirements under paragraph (6)(a), the exemption ceases to have effect if those requirements are not complied with.”.

Commencement Information

I1 Sch. 1 para. 4 in force at 24.12.2021, see reg. 1(1)

(1)

Merchant Shipping Notice 1903 (M) is available on https://www.gov.uk/government/collections/merchant-shipping-notices-msns 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]).