Article 3
United Kingdom
The F1Secretary of State, in determining whether an organisation acting on behalf of F2the Secretary of State must be considered an unacceptable threat to safety and the environment may, in addition to the criteria set out in Annex I, take into account the cases F3... where:
it has been proven in a court of law or in an arbitration procedure that a marine casualty involving a ship in the class of a recognised organisation has been caused by a wilful act or omission or gross negligence of such recognised organisation, its bodies, employees, agents or others who act on its behalf; and
it can be considered, based on the information available to the Secretary of State, that such wilful act, omission or gross negligence has been due to shortcomings in the organisation’s structure, procedures and/or internal control.
The Secretary of State shall take into account the gravity of the case, and shall seek to determine whether recurrence or any other circumstances reveal the organisation’s failure to remedy the shortcomings referred to in paragraph 1 and improve its performance.
Annotations
Textual amendments
- F1
Words in Art. 3 substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 3(1) substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 5(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 3(1) omitted (31.12.2020) by virtue of The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 5(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)