21.—(1) This regulation applies to a United Kingdom ship where—
(a)a repair resulting from an investigation referred to in regulation 20(5) (responsibilities of the owner and master of a United Kingdom ship) has been made to the ship; or
(b)an important repair or renewal has been made to the ship which is required in order to—
(i)address a defect which substantially affects the integrity of the ship or the efficiency or completeness of the equipment of the ship; or
(ii)ensure compliance with the requirements of Annex IV.
(2) A ship to which this regulation applies must not—
(a)proceed to sea; or
(b)if it is already at sea, remain at sea,
unless an additional survey has been carried out and the surveyor has issued a survey report expressing the satisfaction required by regulation 10(c) (interpretation of Part 4).
(3) The requirements are that—
(a)a survey has been carried out in respect of that ship;
(b)at the date of the survey the surveyor is satisfied that—
(i)the repair or renewal has been made effectively;
(ii)the materials used in, and the workmanship of, the repair or renewal are satisfactory in all respects; and
(iii)the ship complies in all respects with the requirements of Part 3 (equipment); and
(c)the surveyor has issued a survey report expressing the satisfaction required by sub-paragraph (b).
(4) In the case of a dispute as to whether a repair or renewal effected or intended to be effected in respect of a ship is an important repair or renewal for the purposes of this regulation, the owner or master of a ship may serve a written request upon the Secretary of State seeking advice(1).
(5) A repair or renewal is not to be regarded as being an important repair or renewal for the purposes of this regulation unless the Secretary of State advises to the contrary within 21 days of receipt of a request under paragraph (4).
Commencement Information
I1Reg. 21 in force at 22.7.2020, see reg. 1(2)
The process for requesting this advice from the Secretary of State can be found in Marine Guidance Note No. 631 (M+F). Copies of MGN 631 (M+F) may be obtained free of charge at www.gov.uk or in hard copy from the Maritime and Coastguard Agency (“MCA”) of Spring Place, 105 Commercial Road, Southampton SO15 1EG.