The Merchant Shipping (BCH Code) Regulations 1987

Issue of Certificate of fitness

5.—(1) Upon satisfactory completion of an initial or periodical survey under regulation 4 of these Regulations and under regulation 23 of the Control of Pollution by Noxious Liquid Substances Regulations the Secretary of State shall issue to a ship which complies with the relevant requirements of the BCH Code and of the Control of Pollution by Noxious Liquid Substances Regulations a certificate called a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk in the form so entitled set out in the appendix to the BCH Code. Such certificate shall be issued for a period not exceeding 5 years beginning on the date of completion of the survey in question.

(2) A certificate shall cease to be valid—

(a) if any survey required by regulation 4(1)(c) or (d) is not completed within the period specified for that survey; or

(b) if any survey required by regulation 4(1)(e) is not completed within such reasonable time as the surveyor may specify; or

(c) upon transfer of the ship to registry in another state.

(3) In either of the cases specified in sub-paragraph (2)(a) or (b) the owner shall deliver up the certificate issued in relation to the ship to the Secretary of State on demand.

(4) In the case of a ship which has transferred from registry in another state to registry in the United Kingdom the Secretary of State may, subject to such requirements as to survey or otherwise as he may think fit, if he is satisfied, notwithstanding that the surveys were not carried out by a surveyor appointed by the Secretary of State as required by regulation 4(2), that—

(a) the ship has already been subjected to a satisfactory initial or periodical survey and to any intermediate, annual or additional surveys required; and

(b) the ship was issued by or on behalf of the government of that other state with a certificate of fitness which would, but for the change of registry, have remained valid; and

(c) the condition of the ship and its equipment has been maintained in conformity with the provisions of the BCH Code; and

(d) since completion of the surveys referred to in sub-paragraph (a) no change has been made in the structure, equipment, fittings, arrangements and materials covered by those surveys without the sanction of the government of that other state or of the Secretary of State, except by direct replacement;

issue to that ship a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk for a period to be determined by the Secretary of State, but expiring not later than the expiry date of the certificate referred to in sub-paragraph (b).

(5) The Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk shall be kept on board the ship and shall be available for inspection at all reasonable times.