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Regulation 7 Exemptions

Original text. Later amendments are not shown.

(1)

The Secretary of State may exempt from any provision of these Regulations or of Chapter XII, a bulk carrier which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage.

(2)

The Secretary of State may exempt a bulk carrier to which regulation 12(4) (damage stability requirements for bulk carriers constructed before 1st July 1999) applies from the requirements of that provision and of regulation 14 (structural and other requirements for bulk carriers), where that bulk carrier—

(a)

has been constructed with an insufficient number of transverse watertight bulkheads to satisfy the requirements of that provision; and

(b)

complies with the requirements in paragraph (3).

(3)

The requirements are that—

(a)

for the foremost cargo hold, the inspections prescribed for the annual survey in the enhanced programme of inspections during surveys required by the ESP Code are replaced with inspections prescribed by the ESP Code for the intermediate survey of cargo holds;

(b)

the bulk carrier is provided with bilge well high water level alarms in all cargo holds, or in cargo conveyor tunnels, as appropriate, giving an audible and visual alarm on the navigation bridge, as approved by the Certifying Authority;

(c)

detailed information is carried on the bulk carrier about specific cargo hold flooding scenarios, accompanied by detailed instructions on evacuation preparedness in accordance with section 8 of the ISM Code, to be used as the basis for crew training and drills.

(4)

The Secretary of State may, in exceptional circumstances not provided for in paragraphs (1) and (2), exempt from any of the provisions of these Regulations or of Chapter XII, a bulk carrier if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that bulk carrier.

(5)

An exemption under paragraph (1), (2) or (4) or an approval under paragraph (3)(b), may be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the bulk carrier.

(6)

An exemption granted under paragraph (1), (2) or (4) or an approval under paragraph (3)(b), may, on the giving of reasonable notice, be altered or cancelled.

(7)

An exemption granted under paragraph (1), (2) or (4), an approval under paragraph (3)(b) or an alteration or cancellation under paragraph (6), must—

(a)

be in writing;

(b)

specify the date on which it takes effect; and

(c)

specify the terms, if any, on which it is given.

(8)

The requirement that an exemption granted under paragraph (1), (2) or (4), an approval under paragraph (3)(b) or an alteration or cancellation under paragraph (6), be in writing is satisfied where the text of the exemption, approval, alteration or cancellation is—

(a)

transmitted by electronic means;

(b)

received in legible form; and

(c)

capable of being used for subsequent reference.

(9)

Where an exemption under paragraph (1), (2) or (4) is granted subject to safety requirements under paragraph (5), the exemption ceases to have effect if those requirements are not complied with.

(10)

In this regulation—

  • “international voyage” means a voyage between—

    1. (a)

      a port in the United Kingdom and a port outside the United Kingdom; or

    2. (b)

      a port in a Convention country (other than the United Kingdom) and a port in any other country or territory (whether a Convention country or not) which is outside the United Kingdom,

    and, for the purposes of paragraph (b), “Convention country” means a country or territory which is either a country the Government of which is party to the Convention or a territory to which the Convention extends whether or not it is subject to the amendments to, or reservations in respect of, the Convention;

  • “watertight” has the same meaning as in Chapter II-1f1.

Annotations

Footnotes

f1

See regulation 2 of Chapter II-1.