The Merchant Shipping (Anti-Fouling Systems) Regulations 2009

Cancellation of a certificate

8.—(1) This regulation applies in relation to an AFS-Certificate or other certificate issued by, or at the request of, the Government of the United Kingdom pursuant to Annex I.

(2) The Secretary of State may cancel a certificate where the Secretary of State has reason to believe that—

(a) the certificate was issued on the basis of false or erroneous information; or

(b) since any survey required under the EC Regulation, any coating referred to in Article 5 of the EC Regulation (which refers to coatings forming a barrier to organotin compounds leaching from underlying non-compliant anti-fouling systems) and borne by the ship has sustained damage or is otherwise deficient.

(3) The Secretary of State may require that a certificate which has expired or has been cancelled is to be surrendered within such time and in such manner as the Secretary of State may in writing direct.

(4) No person may—

(a) intentionally alter a certificate;

(b) intentionally make a false certificate;

(c) knowingly or recklessly provide false information in connection with any survey required by the EC Regulation;

(d) with intent to deceive, use or lend a certificate or permit a certificate to be used by another person;

(e) fail to surrender a certificate when required to do so pursuant to paragraph (3); or

(f) in Scotland, forge a certificate.