{
  "url": "https://openlegislation.uk/draft-merchant-shipping-standards-of-training-certification-and-watchkeeping-regulations-2022/regulation-64",
  "json_url": "https://openlegislation.uk/draft-merchant-shipping-standards-of-training-certification-and-watchkeeping-regulations-2022/regulation-64.json",
  "legislation": "ukdsi/2022/9780348240368",
  "legislation_title": "The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/draft-merchant-shipping-standards-of-training-certification-and-watchkeeping-regulations-2022",
  "path": "regulation/64",
  "kind": "regulation",
  "number": "64",
  "heading": "Inspection of ships that are not registered in the United Kingdom",
  "text": "(1) An authorised person may inspect any ship that is not a ship registered in the United Kingdom for the purposes of—\n(a) verifying that a seafarer on board the ship who is required to be certificated holds valid STCW certificates; and\n(b) assessing the ability of a seafarer on the ship to maintain the watchkeeping standards required by Part 4 (safe manning and watchkeeping) where there are grounds for believing that such standards are not being maintained because, while in a port in the United Kingdom or in the approaches to that port, any of the following have occurred—\n(i) the ship has been involved in a collision, grounding or stranding;\n(ii) there has been an unlawful discharge of substances from the ship when underway, at anchor or at a berth;\n(iii) the ship has been manoeuvred in an erratic or unsafe manner, or navigational course markers or traffic separation schemes have not been followed; or\n(iv) the ship has otherwise been operated in such a manner as to pose a danger to persons, property or the marine environment.\n(2) If an authorised person finds on inspection any deficiency of a kind specified in paragraph (4), the authorised person must notify in writing—\n(a) the master of the ship; and\n(b) the ship’s flag administration,\nthat such a deficiency has been found.\n(3) If it is not possible to inform the ship’s flag administration in accordance with paragraph (2), the Secretary of State must inform the Consul of the State of the flag administration, or in the absence of a Consul, the nearest diplomatic representative of the State of the flag administration.\n(4) The deficiencies referred to in paragraph (2) are—\n(a) a failure of a seafarer to hold an STCW certificate, or a valid exemption from that requirement;\n(b) a failure to comply with the safe manning document;\n(c) a failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the competent authority of the country in which the ship is registered;\n(d) an absence on a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution;\n(e) an inability of the master to provide adequately rested persons for the first watch at the commencement of a voyage and for subsequent relieving watches.\n(5) In this regulation—\n“authorised person” means a person authorised by the Secretary of State for the purposes of these Regulations; and\n“STCW Certificate” means a certificate issued and endorsed by the government of the State whose flag the ship is entitled to fly in accordance with the provisions of the STCW Convention entitling the lawful holder to act in the capacity and perform the functions involved—\n(a) at the level of responsibility specified in the certificate;\n(b) on a ship of the type, tonnage or power and means of propulsion on which the seafarer is engaged; and\n(c) while engaged on the particular voyage concerned.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2022/9780348240368/regulation/64",
    "retrieved_at": "2026-10-30T14:44:31.055001+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}