The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018

Amendment of the Merchant Shipping (Flag State Directive) Regulations 2011 U.K.

24.—(1) The Merchant Shipping (Flag State Directive) Regulations 2011 M1 are amended as follows.

(2) In regulation 2(1) (interpretation) after the definition of “flag State” omit “and” and insert—

““IMO Conventions” means the conventions for which the International Maritime Organization is the depository M2 ;

“ship” means a ship or craft flying the flag of a Member State or the United Kingdom, falling within the scope of the relevant IMO Conventions, and for which a certificate is required; and”.

(3) For regulation 3 (duty to ensure information is retained) substitute—

“3.— (1) The Secretary of State must ensure that the information referred to in paragraph (2) concerning each United Kingdom ship—

(a) is kept; and

(b) can be readily accessed by the Secretary of State.

(2) The information referred to in paragraph (1) is as follows—

(a) particulars of the ship (including name and IMO number);

(b) dates of surveys, including additional and supplementary surveys, if any, and audits;

(c) identification of the recognised organisations involved in the certification and classification of the ship;

(d) identification of the competent authority which has inspected the ship under port State control provisions and the dates of the inspections;

(e) outcome of the port State control inspections (including any deficiencies identified and any detentions which took place);

(f) information on marine casualties; and

(g) identification of ships which have ceased to fly the flag of the United Kingdom during the previous 12 months.

(3) The duty in paragraph (1) ends—

(a) 12 months after the date on which the ship ceases to be a United Kingdom ship; or

(b) if sooner, on the date on which the information is provided to a flag State under regulation 4(2) or under Article 4(3) of the 2004 Regulation.”.

Commencement Information

I1 Sch. para. 24 in force at 31.12.2020, see reg. 2(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 S.I. 2011/2667.

M2 Copies of IMO Conventions can be obtained from the International Maritime Organization (“IMO”) at IMO Publishing, 4 Albert Embankment, London SE1 7SR, www.imo.org/publications; email: [e-mail]; telephone: [phone].