The Fishing Vessels (Codes of Practice) Regulations 2017

PART 2 All Fishing Vessels

Certificate of compliance

4.—(1) The Secretary of State must issue a certificate of compliance in respect of a United Kingdom fishing vessel in the following circumstances—

(a) a surveyor of ships, following a survey (in the case of a large or medium fishing vessel) or inspection (in the case of a small fishing vessel) as set out in the relevant Merchant Shipping Notice, is satisfied that the vessel complies with the applicable Code of Practice; or

(b) an exemption granted by the Secretary of State under regulation 18 (exemptions) applies to the vessel, and a surveyor of ships, having carried out a survey or inspection as set out in the relevant Merchant Shipping Notice, is satisfied that the vessel complies with—

(i) the applicable Code of Practice, other than to the extent of that exemption; and

(ii) any conditions and limitations subject to which the exemption has been granted; and

(c) in either case, that any fees prescribed in regulations made under section 302 of the Act (fees) have been paid(1).

(2) A certificate of compliance must—

(a) have a period of validity not exceeding that set out in the relevant Merchant Shipping Notice;

(b) in the case of a large fishing vessel, be supplemented by a record of equipment; and

(c) be in the format set out in the relevant Merchant Shipping Notice.

(3) In this regulation, “record of equipment” means a document containing the information required by Council Directive 97/70/EC of 11th December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over(2) and by the Torremolinos Protocol.

Prohibition on proceeding on any voyage without a certificate

5.—(1) Subject to paragraph (2), a United Kingdom fishing vessel must not proceed on a voyage unless—

(a) the Secretary of State has issued a certificate of compliance in respect of that vessel;

(b) that certificate of compliance is valid at the time of the voyage; and

(c) the vessel continues to comply with the applicable Code of Practice.

(2) Where the certificate of compliance issued in respect of a fishing vessel has been suspended under regulation 8 (suspension of certificates), paragraph (1) does not prohibit that vessel from returning to port.

(3) Contravention of paragraph (1) is an offence by both the owner and skipper of the fishing vessel.

(4) A person guilty of an offence under paragraph (1) is liable—

(a) on summary conviction—

(i) in England and Wales to a fine; or

(ii) in Scotland or Northern Ireland to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both.

(5) It is a defence for a person charged under paragraph (3) to show that all reasonable precautions to avoid committing the offence were taken.

Accidents and defects

6.—(1) The owner and skipper of a United Kingdom fishing vessel must ensure that whenever an accident occurs to a fishing vessel or a defect is discovered, either of which affects the safety of the vessel or the efficiency or completeness of its life-saving appliances or other equipment—

(a) it is reported at the earliest opportunity to the Secretary of State, and

(b) if the fishing vessel is in a port outside the United Kingdom it is also reported to the appropriate authorities of the country in which the port is situated.

(2) If a report is made under paragraph (1), the Secretary of State must determine whether an inspection or survey is necessary, and if so, require one to be carried out.

(3) If the inspection or survey referred to in paragraph (2) shows that repairs are required, or if any important repairs or renewals are otherwise made to the ship or its equipment, a further inspection or survey must be carried out on the completion of those repairs or renewals.

Obligation to notify of proposed changes to vessel

7.—(1) The owner of a United Kingdom fishing vessel must notify the Secretary of State at the earliest opportunity of the details of any proposal to alter or modify the structure of that vessel, remove or reposition engines or machinery or change the mode of fishing.

(2) The Secretary of State must determine whether an inspection or survey is necessary, and if so, require one to be carried out.

(3) If the inspection or survey referred to in paragraph (2) shows that a further inspection or survey is required after the completion of the changes to the vessel, a further inspection or survey must be carried out.

Suspension of certificates

8.—(1) If the Secretary of State determines that an inspection or survey of a fishing vessel is required under regulation 6 or 7, the certificate of compliance may be suspended until that inspection or survey is carried out.

(2) If a surveyor of ships is satisfied, following a survey of the fishing vessel (or, in the case of a small fishing vessel, an inspection) as set out in the relevant Merchant Shipping Notice, that the vessel complies with the applicable Code of Practice, the Secretary of State must lift the suspension.

Cancellation of certificates of compliance etc.

9.—(1) The Secretary of State may, by giving notice in writing to the owner of a fishing vessel, cancel a certificate of compliance issued in respect of the vessel where it has reason to believe that that certificate—

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

(b) has been intentionally altered (other than by or on the instructions of the Secretary of State), or

(c) has been used by, loaned to, or allowed to be used by a person to whom the certificate was not issued.

(2) The Secretary of State may by notice in writing require that a certificate of compliance which—

(a) has expired,

(b) has ceased to be valid because the vessel no longer complies with the applicable Code of Practice, or

(c) has been cancelled,

be surrendered as directed in the notice.

(3) If the owner or skipper of a fishing vessel fails without reasonable cause to surrender a certificate of compliance pursuant to a notice issued under paragraph (2), that owner or skipper is guilty of an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Production of certificate

10.—(1) The skipper of any medium or large fishing vessel must on demand produce to an officer of Her Majesty’s Revenue and Customs, relevant inspector or sea-fishery officer the certificate of compliance issued in respect of that vessel.

(2) Where a demand is made under paragraph (1) the fishing vessel is liable to be detained until the certificate of compliance is produced.

(3) In paragraph (1)—

“relevant inspector” means a person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Act (powers to inspect ships and their equipment, etc.)(3); and

“sea-fishery officer” means a person mentioned in section 7(1) of the Sea Fisheries Act 1968 (sea-fishery officers)(4).

(1)

See the Merchant Shipping (Fees) Regulations 2006, S.I. 2006/2055. Relevant amending instruments are S.I. 2006/3225, 2011/3056, 2015/315, 2015/410, 2015/782 and 2016/1025.

(2)

OJ L034, 09.02.1998 p.0001-0029.

(3)

Section 258(1) was amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), Schedule 1 paragraph 4(1) and (2) and Schedule 7, Part 1.

(4)

1968 c. 77: section 7(1) was amended by the Fisheries Act 1981 (c. 29), section 26(1) and Schedule 5, Part II, by the Marine and Coastal Access Act 2009 (c. 23), section 239(1) and (2) and Schedule 22, Part 6, and by S.I. 1999/1820, Schedule 1, Part 1, paragraph 48(1) and (3)(a).