The Merchant Shipping (Marine Equipment) Regulations 1999

Defective equipment

22.—(1) If the Secretary of State is satisfied, after carrying out, or having carried out, sample checks or performance tests on the equipment, or otherwise, that equipment which bears the mark of conformity, when correctly installed on board a ship, maintained and used for its intended purpose, may compromise the health or safety of the ship’s crew, passengers, or other persons or adversely affect the marine environment, he may–

(a) direct that the equipment be withdrawn from the market;

(b) prohibit the equipment being placed on the market, or restrict the extent to which it can be so placed; or

(c) prohibit the equipment being used on board ships for which he issues safety certificates in accordance with the relevant international conventions, or restrict the extent to which it may be so used.

(2) Before issuing any direction, prohibition or restriction under paragraph (1) above in respect of equipment, the Secretary of State shall serve a written notice of his intention to do so on the manufacturer of the equipment, or his authorised representative in the Community, and shall provide the manufacturer or his authorised representative (as appropriate) with an opportunity to make representations to him on the proposed direction, prohibition or restriction.

(3) Any direction, prohibition or restriction issued by the Secretary of State under paragraph (1) above in respect of equipment shall be given in writing to the manufacturer of the equipment, or his authorised representative in the Community.

(4) The Secretary of State may withdraw or vary any direction, prohibition or restriction issued under paragraph (1) above if he is satisfied that the equipment in relation to which the direction, prohibition or restriction was issued, when correctly installed on board a ship, maintained and used for its intended purpose, no longer compromises the health or safety of the ship’s crew, passengers, or other persons or adversely affects the marine environment.

(5) A manufacturer who fails to comply with a direction, prohibition or restriction given to him under paragraph (1) above shall be guilty of an offence.