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The Merchant Shipping (Inspections of Ro-Ro Passenger Ships and High-Speed Passenger Craft) Regulations 2023
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- UK Statutory Instruments
- 2023 No. 984
- Regulation 6
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Exceptions to the requirement to carry out a pre-commencement inspection
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6.—(1) The Secretary of State may decide that a pre-commencement inspection need not be carried out where—
(a)the ship was previously engaged on another regular service covered by these Regulations, and
(b)the Secretary of State, after taking into account the result of any previous inspections carried out in respect of that ship, is satisfied that the requirement for a pre-commencement inspection is unnecessary.
(2) Where paragraph (1)(a) does not apply to a ship, the Secretary of State may—
(a)at the request of the company, and
(b)subject to being satisfied in accordance with paragraph (1)(b),
decide that a pre-commencement inspection of the ship is not required.
(3) Where due to unforeseen circumstances there is an urgent need for a replacement ship to be introduced rapidly to ensure continuity of service and the Secretary of State has not exercised the discretion under paragraph (1), the Secretary of State may decide that the ship may start operating provided that the Secretary of State has no reason to believe that the ship does not fulfil any of the requirements set out in Schedule 2.
(4) Where the Secretary of State decides that a replacement ship may start operating in accordance with paragraph (3), that ship may only be used to continue to operate the service if, within one month of the ship starting to operate as a replacement ship, or any additional period that the Secretary of State may decide is appropriate, the Secretary of State ensures that an inspection of the ship is carried out consisting of—
(a)verification of compliance with the requirements laid down in Part 1 of Schedule 2, and
(b)an inspection in accordance with the requirements of Part 2 of Schedule 2, to satisfy the inspector that the ship fulfils the necessary requirements for safe operation of a regular service.
(5) The Secretary of State may decide not to apply certain of the requirements or procedures set out in regulation 5(2)(a) and (b) where—
(a)they are relevant to any annual flag State survey or inspection carried out in respect of that ship within the period of six months before the pre-commencement inspection, and
(b)the relevant procedures and guidelines for surveys specified in HSSC or procedures designed to achieve the same goal have been followed.
(6) Any decision of the Secretary of State under this regulation in respect of a ship must be communicated in writing to the company.
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