The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008

Inspection of ships

26.—(1) In so far as sections 258 and 259 of the 1995 Act (1) (powers to inspect ships and their equipment, powers of inspectors in relation to premises and ships) apply in relation to a ship to which any of these Regulations apply [F1 or any ship delivering fuel oil for combustion purposes], for the purposes of checking compliance with these Regulations those sections have effect subject to the following modifications.

(2) The power in those sections to inspect a ship and its equipment, any part of the ship, any articles on board and any documentation carried in the ship, is limited to—

(a) verifying whether an appropriate certificate has been issued in respect of the ship and is still valid,

(b) verifying whether documentation referred to in regulation 19(2) (“appropriate documentation”) has been issued in respect of the ship and is still valid,

(c) investigating any operation regulated by these Regulations, if there are clear grounds for believing that the master or the crew are not familiar with essential shipboard procedures relating to the prevention of air pollution,

(d) verifying whether the ship has emitted any substances in violation of these Regulations,

(e) inspecting the log book entries required under [F2 paragraph 5 of Schedule 2A], or

(f) inspecting bunker delivery notes that are to be made available for inspection under regulation 25(8)(a),

except where there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of the appropriate certificate or other appropriate documentation referred to in sub-paragraph (a) and (b).

[F3 (2A) The powers in sections 258 and 259 of the 1995 Act also apply to verifying—

(a) whether an IEE Certificate has been issued in respect of the ship;

(b) whether the ship has a SEEMP and that it is duly implemented in accordance with Regulation 28 of Annex VI; and

(c) whether a Statement of Compliance has been issued and is still valid.]

[F4 (3) The power in those sections to go on board a ship may only be exercised if the ship in question is—

(a) in a port in the United Kingdom,

(b) at an offshore terminal in United Kingdom waters or controlled waters,

(c) a fixed platform in United Kingdom waters or controlled waters, or

(d) a floating platform in United Kingdom waters or controlled waters, other than a floating platform which is in transit.]

(4) Where the ship is inspected for the purposes of paragraph (2)(d) [F5 or (2A)] and is not a United Kingdom ship, the person exercising the powers of inspection must ensure that the report of the inspection is sent to—

(a) the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State, and

(b) any other Party to the Convention that requested the inspection.

(5) Where log book entries are inspected under paragraph (2)(e), or bunker delivery notes are inspected under paragraph (2)(f), the person exercising the power of inspection may—

(a) make a copy of an entry in that book, and

(b) require the master of the ship to certify that the copy is a true copy of the original.

(6) Any copy certified in accordance with paragraph (5) is to be admissible in any judicial proceeding as evidence of the facts stated in it.

Textual Amendments

F1 Words in reg. 26(1) inserted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 7(a)

F2 Words in reg. 26(2)(e) substituted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 7(b)

F3 Reg. 26(2A) inserted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(12)(a)

F4 Reg. 26(3) substituted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 7(c)

F5 Words in reg. 26(4) inserted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(12)(b)

(1)

Section 258 was amended by the Merchant Shipping and Maritime Security Act 1997 (c.28), Schedule 1, paragraph (4).