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The Merchant Shipping (Carriage of Passengers by Sea) Regulations 2012
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- UK Statutory Instruments
- 2012 No. 3152
- Regulation 7
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Issue of certificates by the Secretary of StateU.K.
This section has no associated Explanatory Memorandum
7.—(1) Subject to paragraph (2), if the Secretary of State is satisfied on the application for such a certificate as is mentioned in regulation 6 in respect of —
(a)a United Kingdom ship; or
(b)a ship registered in any country that is not a State Party,
that there will be insurance in force throughout the period for which the certificate is to be issued the Secretary of State may issue such a certificate to the carrier or performing carrier.
(2) If the Secretary of State is of the opinion that there is doubt whether—
(a)the person providing the insurance will be able to meet their obligations thereunder; or
(b)the insurance will not cover the carrier or performing carrier’s liability under the 2009 Regulation;
the Secretary of State may, after taking into account any other matters which appear to be relevant, refuse to issue the certificate.
(3) Where, at any time while a certificate is in force, the person to whom the certificate has been issued ceases to be the performing carrier in relation to the ship to which the certificate relates the certificate shall be delivered up forthwith to the Secretary of State or to a proper officer and in such case shall be cancelled by the Secretary of State.
(4) Where, at any time while a certificate is in force, it is established that the contract of insurance in respect of which the certificate is issued is or may be treated as invalid the certificate may be cancelled by the Secretary of State and, if so cancelled, shall on demand be delivered up to the Secretary of State by the person to whom it was issued.
(5) Where, at any time while a certificate is in force, circumstances arise in relation to the insurer or guarantor named in the certificate (or where more than one is so named, any of them) such that if the certificate were applied for at that time, the Secretary of State would have been entitled to refuse the application under paragraph (2) the certificate may be cancelled by the Secretary of State and if so cancelled the certificate shall on demand be delivered up to the Secretary of State by the person to whom it was issued.
(6) The Secretary of State shall send a copy of any certificate issued under this regulation in respect of a United Kingdom ship to the Registrar General of Shipping and Seamen and the Registrar shall make the copy available for public inspection.
Commencement Information
I1Reg. 7 in force at 12.1.2013 in force in accordance with reg. 1(2)
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