25.—(1) The Secretary of State may—
(a)direct an economic operator to withdraw or recall defective equipment from the [F1United Kingdom] market;
(b)prohibit or restrict the extent to which an economic operator may place defective equipment on the [F2United Kingdom] market; or
(c)prohibit or restrict the use of defective equipment on ships.
(2) Before issuing a direction, prohibition or restriction, the Secretary of State must notify any economic operator in writing and give the economic operator, not less than 10 days, to make written representations.
(3) The Secretary of State may withdraw or vary a direction, prohibition or restriction.
(4) In this regulation—
“defective equipment” means equipment to which regulation 5(1) applies that is specified in Annex 1 of Merchant Shipping Notice MSN 1874 [F3Amendment 3] [F4or Annex 6 of Merchant Shipping Notice MSN 1874 Amendment 3] and complies with applicable international standards, but which, in the opinion of the Secretary of State—
may compromise the health and safety of the ship's crew, passengers or other persons; or
adversely affect the marine environment.
Textual Amendments
F1Words in reg. 25(1)(a) inserted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 23(2)(a) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 25(1)(b) inserted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 23(2)(b) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 25(4) inserted (31.12.2020) by The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/470), reg. 1(1), Sch. para. 23(3) (with regs. 5, 6) (as amended by S.I. 2020/1000, regs. 1, 7(2)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 25(4) inserted (31.12.2020 immediately after S.I. 2019/470 comes into force) by The Merchant Shipping (Marine Equipment) (Amendment) (UK and US Mutual Recognition Agreement) (EU Exit) Regulations 2019 (S.I. 2019/1304), regs. 1(2), 2(5); 2020 c. 1, Sch. 5 para. 1(1)