The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019

Procedure to be adopted when a ship is deficient

17.—(1) Where the Certifying Authority determines that the condition of a United Kingdom ship or its equipment—

(a) does not correspond with the particulars of the IOPP or UKOPP certificate issued in respect of that ship; or

(b) is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment,

the Certifying Authority must inform the owner or master of the corrective action which must be taken and give notice to the Secretary of State.

(2) If the corrective action required under paragraph (1) is not taken within the period specified by the Certifying Authority (which must be a reasonable period) the Certifying Authority must withdraw the IOPP or UKOPP Certificate in respect of that ship and immediately notify—

(a) the owner or master of the ship; and

(b) the Secretary of State.

(3) Where paragraph (2) applies in respect of a ship which is in a port of a Convention Country other than the United Kingdom, the Certifying Authority must also notify the appropriate authorities of the country in which the port is situated.

(4) Where a ship of a Convention Country other than the United Kingdom is in a United Kingdom port, and the Certifying Authority determines that it is necessary to withdraw the IOPP Certificate in respect of that ship, the Certifying Authority must notify the Secretary of State.

(5) Where notification has been received under paragraph (4), the Secretary of State must take such steps as are necessary to ensure that the ship will not sail until it can proceed to sea, or leave the port for the purposes of proceeding to the nearest appropriate repair yard, without presenting an unreasonable threat of harm to the marine environment.