The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020

Duration and validity of Sewage CertificatesU.K.

This section has no associated Explanatory Memorandum

17.—(1) A Sewage Certificate issued in respect of a United Kingdom ship is valid from the date of completion of the initial or renewal survey which immediately preceded the issue of that Certificate.

(2) Subject to paragraphs (4) to (6) and regulations 18 (extension of periods of validity of Sewage Certificates by a Certifying Authority) and 19 (extension of periods of validity of Sewage Certificates by a surveyor) and 22(3) (procedure to be adopted when a ship is deficient), a Sewage Certificate which is issued in respect of a United Kingdom ship is valid for such period as is specified in the certificate, not exceeding five years, beginning with—

(a)the date specified in paragraph (1);

(b)the date of expiry of the previous Sewage Certificate, where the renewal survey is completed—

(i)within three months before the expiry of the Sewage Certificate; or

(ii)after the date of expiry of the latest Sewage Certificate; or

(c)the original date of expiry of the previous Sewage Certificate, where a new Sewage Certificate has been issued in respect of a ship referred to in regulation 18(1)(b) or regulation 18(3).

(3) Paragraph (4) applies where, following a renewal survey, a Sewage Certificate is issued in respect of—

(a)a ship to which paragraph (2)(b)(ii) applies; or

(b)a ship referred to in regulation 18(1)(b) or (3).

(4) In the circumstances described in paragraph (5), the Secretary of State may direct a Certifying Authority that the new Sewage Certificate is to be valid for such period as is specified in the Certificate, not exceeding five years beginning with the date of completion of the renewal survey in question.

(5) The circumstances are where the owner of the ship—

(a)submits a request to the Secretary of State for a direction under paragraph (4);

(b)satisfies the Secretary of State that the owner is justified in making such a request; and

(c)complies with any reasonable additional survey requirements which the Secretary of State may impose.

(6) A Sewage Certificate issued in respect of a United Kingdom ship ceases to be valid—

(a)upon the ship being transferred to the flag of another State;

(b)if a survey under regulation 13 (surveys of United Kingdom ships) is not completed in accordance with the requirements of these Regulations;

(c)upon the ship proceeding to sea when—

(i)regulation 21 (additional surveys of United Kingdom ships) applies to the ship; but

(ii)the requirements of regulation 21(3) have not been complied with;

(d)upon a new Sewage Certificate being issued in respect of the ship;

(e)upon the Sewage Certificate being cancelled by the Secretary of State under regulation 24(1) (miscellaneous provisions relating to Sewage Certificates); or

(f)upon the date of expiry of the Sewage Certificate.

(7) In this regulation and in regulation 19 (extension of periods of validity of Sewage Certificates by a surveyor), “the original date of expiry” means the date on which the Sewage Certificate would have expired but for any extension of its period of validity.

(8) A Sewage Certificate issued or endorsed by a Certifying Authority under Part 2 (Sewage: Survey and Certification of Ships) of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008, which is valid immediately before the day on which these Regulations come into force—

(a)has effect on and after that date as if it were issued or endorsed under these Regulations; and

(b)subject to the provisions of these Regulations, continues to be valid until the date of expiry of that Certificate.

Commencement Information

I1Reg. 17 in force at 22.7.2020, see reg. 1(2)