The Merchant Shipping (Oil Pollution) (Bunkers Convention) Regulations 2006

Issue of certificate by Secretary of State

18.—(1) Section 164 (issue of certificate by Secretary of State) is amended as follows.

(2) In subsection (1)—

(a) for “section 163”, there is substituted “section 163(2)”; and

(b) for “owner”, there is substituted “registered owner”.

(3) After subsection (1), there is inserted—

“(1A) Subject to subsection (2) below, if the Secretary of State is satisfied, on the application for such a certificate as is mentioned in section 163A(2) in respect of a United Kingdom ship or a ship registered in any country which is not a Bunkers Convention country, that there will be in force in respect of the ship, throughout the period for which the certificate is to be issued, a contract of insurance or other security satisfying the requirements of Article 7 of the Bunkers Convention, the Secretary of State shall issue such a certificate to the registered owner.”.

(4) For subsection (2), there is substituted—

“(2) The Secretary of State may refuse the certificate if he is of the opinion that there is a doubt whether—

(a) the person providing the insurance or other security will be able to meet his obligations thereunder; or

(b) the insurance or other security will cover the registered owner’s liability under section 153, or the owner’s liability under section 153A, as the case may be.”.