32.—(1) In so far as sections 258 (power to inspect ships and their equipment etc.) and 259 (powers of inspectors in relation to premises and ships) of the 1995 Act M1 apply in relation to a ship to which these Regulations apply, for the purposes of checking compliance with these Regulations those sections have effect subject to the following modifications.
(2) The power in those sections to inspect a ship and its equipment, any part of the ship, any articles on board and any documentation carried in the ship, is limited to—
(a)verifying whether a relevant NLS certificate has been issued in respect of the ship and is still valid;
(b)verifying whether documentation referred to in regulation 21 has been issued in respect of the ship and is still valid;
(c)investigating any operation regulated by these Regulations, if there are clear grounds for believing that the master or the crew are not familiar with essential shipboard procedures relating to the prevention of pollution by noxious liquid substances;
(d)verifying whether the ship has discharged any noxious liquid substance in violation of these Regulations;
(e)inspecting the Procedures and Arrangements Manual;
(f)inspecting the Cargo Record Book; or
(g)inspecting the Marine Pollution Emergency Plan,
except where there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of the appropriate certificate or other documentation referred to in sub-paragraphs (a), (b), (e), (f) or (g).
(3) The power in those sections to go on board a ship may only be exercised if the ship in question is—
(a)in a port in the United Kingdom; or
(b)at an offshore installation in United Kingdom waters or controlled waters.
(4) Where a ship which is not a United Kingdom ship is inspected for the purposes of paragraph (2)(d), the person exercising the powers of inspection must ensure that the report of the inspection is sent to—
(a)the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State; and
(b)any other Contracting State that requested the inspection.
(5) Where Cargo Record Book entries are inspected under paragraph (2)(f) the person exercising the power of inspection may—
(a)make a copy of any entry in that book; and
(b)require the master of the ship to certify that the copy is a true copy of the original.
(6) Any copy certified in accordance with paragraph (5) is to be admissible in any judicial proceeding as evidence of the facts stated in it.
Marginal Citations
M11995 c. 21. Section 258 is amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), Schedule 1, paragraph 4 and Schedule 7, Part 1, and the Protection of Freedoms Act 2012 (c. 9), section 115(2), Schedule 2, Part 1 and Schedule 10, Part 2.