The Merchant Shipping (Gas Carriers) (Amendment) Regulations 2004

Amendment of principal Regulations: Survey and Certification

5.  For regulations 4 to 6 of the principal Regulations, there shall be substituted the following:

“Surveys

4.   A United Kingdom gas carrier shall be subject to the following surveys:

(a) before the ship is put in service, or before an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk is first issued in relation to the ship, an initial survey as set out in section 1.5.2 of the IGC Code,

(b) within five years of the first issue of an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, and thereafter at intervals which, subject to regulations 6A(3) and 6B(3) to (6) shall be no more than five years, a renewal survey as set out in section 1.5.2 of the IGC Code,

(c) within three months before or after the second or third anniversary date of an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk being issued, an intermediate survey as set out in section 1.5.2 of the IGC Code,

(d) within three months before or after each anniversary date of the issue of the ship’s International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, other than when an intermediate survey is required to be carried out within that period, an annual survey as set out in section 1.5.2 of the IGC Code, and

(e) after a repair resulting from investigations prescribed in regulation 5(4) below, or whenever any important repairs or renewals are made, an additional survey as set out in section 1.5.2 of the IGC Code.

Responsibilities of owner and master

5.— (1) The owner and master of every ship shall ensure that the condition of the ship and its equipment shall be maintained to conform:

(a) in the case of a United Kingdom ship, or any ship surveyed pursuant to these Regulations, with the provisions of these Regulations,

(b) in the case of any other ship, with the requirements of the IGC Code,

so as to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the safety of ships or persons on them.

(2) The owner and master of every ship shall ensure that after any survey of the ship required by these Regulations or by the IGC Code (as applicable) has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by the survey, without the approval of the appropriate Certifying Authority, or of the Administration of the State which carried out the survey for that ship, except by direct replacement.

(3) The owner and master of every ship shall ensure that whenever an accident occurs to a ship or a defect is discovered which, in either case, substantially affects the integrity of the ship or the efficiency or completeness of its equipment:

(a) if the ship is a United Kingdom ship, it is reported at the earliest opportunity to the Secretary of State and to any other appropriate Certifying Authority,

(b) if the ship is a United Kingdom ship in a port outside the United Kingdom it is also reported to the proper officer and to the appropriate authorities of the country in which the port is situated, and

(c) if the ship is a non-United Kingdom ship in a port in the United Kingdom, it is reported at the earliest opportunity to the Secretary of State.

(4) Whenever an accident or defect is reported:

(a) to the Secretary of State or a Certifying Authority under paragraph (3)(a), or

(b) to the proper officer under paragraph (3)(b),

the Secretary of State, Certifying Authority or proper officer shall cause investigations to be initiated to determine whether or not a survey by a surveyor is necessary, and if a survey is found to be necessary require that survey to be carried out.

Issue and Endorsement of Certificates

6.— (1) Where the appropriate Certifying Authority is satisfied after the completion of an initial or renewal survey carried out in accordance with the provisions of regulation 4(a) or (b) above that the requirements of the IGC Code are being complied with, that Authority shall issue an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk to a gas carrier.

(2) Where the appropriate Certifying Authority is satisfied after the completion of an intermediate or annual survey carried out in accordance with the provisions of regulation 4(c) or (d) above that the requirements of the IGC Code are being complied with, that Authority shall so endorse the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk.

(3) If any gas carrier which was previously under the flag of another State becomes a United Kingdom ship, a Certifying Authority shall issue an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk only if it is fully satisfied that the ship is in compliance with the requirements of section 1.5.3.1 and 1.5.3.2 of the IGC Code.

(4) The Secretary of State may, through a proper officer or otherwise, request the Government of a Party to the 1974 SOLAS Convention to carry out a survey of a United Kingdom ship and, if satisfied that the survey has been completed in accordance with the requirements of the IGC Code:

(a) to issue or authorise the issue of an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk to the ship, or to endorse or authorise the endorsement of that Certificate, in accordance with the requirements of the IGC Code,

(b) to include in the Certificate a statement to the effect that it has been issued at the request of the Secretary of State, and

(c) to transmit a copy of the survey report and the Certificate to the Secretary of State as soon as possible.

(5) A Certificate issued or endorsed in accordance with paragraph (4) above shall have the same force and receive the same recognition as a Certificate issued or endorsed in accordance with paragraphs (1) to (3) above.

(6) The Secretary of State may, at the request of the Administration of a Party to the 1974 SOLAS Convention, survey a ship registered in that State and, if satisfied that the requirements of the IGC Code are complied with, issue or authorise the issue to the ship of an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, or endorse or authorise the endorsement of such a certificate.

(7) The Secretary of State shall include or have included in any Certificate issued or endorsed in accordance with paragraph (6) a statement to the effect that it has been issued or endorsed at the request of the Administration, and shall transmit a copy of the survey report and the Certificate to that Administration as soon as possible.

(8) A Certificate issued or endorsed in accordance with paragraph (6) shall have effect as if issued or endorsed by the Administration which requested the survey of the ship to be carried out.

(9) A Certificate issued or endorsed in accordance with paragraphs (1) to (3) and (6) to (8) shall be drawn up in a form corresponding to the model given in the Appendix to the IGC Code.

Duration and validity of Certificates

6A.— (1) Subject to paragraphs (2) to (5) below, an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk shall be issued:

(a) on the date of the completion of the relevant survey,

(b) as being valid from the date of issue, and

(c) for a period of validity not exceeding five years.

(2) Where a renewal survey required under regulation 4(b) has been completed within a period of three months before the expiry of an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, the new Certificate shall be issued as being valid from the date of expiry of the existing Certificate.

(3) Subject to regulation 6B(6), where a renewal survey required under regulation 4(b) has been completed after the expiry of an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk, the new Certificate shall be issued as being valid from the date of expiry of that expired Certificate.

(4) Where an annual or intermediate survey is completed before the period prescribed for such a survey in regulation 4(c) or (d) above:

(a) the anniversary date shown on the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk shall be amended by endorsement to a date which shall not be more than three months later than the date on which the survey was completed,

(b) subsequent annual or intermediate surveys required under regulation 4(c) or (d) shall be completed at the intervals prescribed by those regulations using the new anniversary date, and

(c) the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by regulation 4 are not exceeded.

(5) An International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk shall cease to be valid:

(a) if its period of validity has been exceeded and the validity of the certificate has not been extended by the appropriate Certifying Authority in accordance with regulation 6B or the period of any such extension has expired,

(b) if the relevant surveys have not been completed within the periods specified in regulation 4, and the Certificate endorsed in accordance with regulation 6, or

(c) upon transfer of the ship to the flag of another State.

Extension of validity of Certificates

6B.— (1) Where an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk has been issued for a period of validity of less than five years and the intermediate and annual surveys required under regulation 4(c) and (d) above have been completed, the appropriate Certifying Authority may extend the validity of that Certificate so that the certificate is valid for a maximum period of five years.

(2) Where a renewal survey required under regulation 4(b) has been completed before the expiry of an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk but the new certificate cannot be issued or placed on board the ship before the expiry of the existing Certificate, the appropriate Certifying Authority may endorse the existing Certificate as valid for a period not exceeding five months from its previous expiry date.

(3) Where a renewal survey required under regulation 4(b) has not been completed before the expiry of an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk and at the time of expiry the ship is not in a port in which it is to be surveyed, the appropriate Certifying Authority may, where it appears to it proper and reasonable to do so, extend the validity of the Certificate, solely for the purpose of allowing the ship to complete its voyage to its port of survey, for a period of no more than three months.

(4) Where no other extension has been granted, the appropriate Certifying Authority may extend the validity of the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk of a ship used solely on short international voyages for a period of no more than one month.

(5) An extension of validity under paragraph (3) or (4) above shall be disregarded for the purposes of determining the date of expiry of an existing International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk under regulation 6A(2) or (3) above.

(6) In special circumstances as determined by the Maritime and Coastguard Agency, where a renewal survey required under regulation 4(b):

(a) has been completed after the expiry of an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk,

(b) has been completed during the period for which the validity of the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk has been extended in accordance with paragraph (3) above, or

(c) has been completed during the period for which the validity of the International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk has been extended in accordance with paragraph (4) above,

the new Certificate may be issued as being valid from the date of completion of the renewal survey.”.