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5.—(1) An REM system which complies with the technical specifications specified by the Scottish Ministers under regulation 6(1) must be installed on board any relevant scallop boat.
(2) The master, the owner and the charterer (if any) of a relevant scallop boat must ensure that the REM system installed on board that boat is fully functional for the duration of any fishing trip.
(3) But paragraph (2) does not apply in the event of a technical failure or malfunction of an REM system—
(a)which occurs during a fishing trip for which the Scottish Ministers have given prior written consent under paragraphs (3) or (4)(a) of regulation 8,
(b)of the sort described in regulations 9 and 10, provided that the applicable processes set out in those regulations are complied with.
(4) The master, the owner and the charterer (if any) of a relevant scallop boat must take all reasonable steps to arrange and maintain access for the Scottish Ministers to the data storage system owned, operated or hosted by or on behalf of the manufacturer of the REM system and the companion software to the REM system.
(5) The owner and the charterer (if any) of a relevant scallop boat must pay in full any costs, charges and fees arising from or in connection with arranging and maintaining access for the Scottish Ministers to the data storage system and the companion software to the REM system in accordance with paragraph (4).
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