The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022

Equivalents

8.—(1) A relevant ship may meet the requirements of these Regulations through equivalent compliance if this has been approved by the Secretary of State and—

(a) the owner or master of the ship has made an application to the Secretary of State for permission for the equivalent compliance;

(b) a surveyor—

(i) is satisfied that the equivalent compliance applied for is at least as effective as that required by these Regulations; and

(ii) has endorsed the application to the Secretary of State to that effect; and

(c) the equivalent compliance complies with any conditions or limitations set out in the approval.

(2) An approval given by the Secretary of State is valid only if given in writing and may be—

(a) given subject to such conditions and limitations as the Secretary of State may specify; and

(b) altered or cancelled by a notice given in writing by the Secretary of State.

(3) In this regulation—

(a) “equivalent compliance” means the use of any fitting, material, appliance or apparatus, or other provision made, as an alternative to one that complies with these Regulations;

(b) “overall length” means the length of the hull excluding any bowsprit, boom, bumpkin and pulpit; and

(c) “relevant ship” means—

(i) a ship engaged primarily in search and rescue operations which is less than 50 metres in overall length and which has a maximum ballast water capacity of 8 cubic metres; or

(ii) a ship which is a pleasure vessel less than 50 metres in overall length and which has a maximum ballast water capacity of 8 cubic metres.

(4) In this regulation “pleasure vessel” means—

(a) any vessel which at the time it is being used is—

(i) in the case of a vessel wholly owned by—

(aa) an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or

(bb) a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and

(ii) on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or

(b) any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club,

where, in the case of any vessel referred to in paragraph (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner.

(5) In paragraph (4) “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant.