OpenLegislation

Article 7

United Kingdom

Original text. Later amendments are not shown.

1.

The F1Secretary of State shall withdraw the recognition of an organisation:

(a)

whose repeated and serious failure to fulfil the minimum criteria set out in Annex I or its obligations under this Regulation is such that it constitutes an unacceptable threat to safety or the environment;

(b)

whose repeated and serious failure in its safety and pollution prevention performance is such that it constitutes an unacceptable threat to safety or the environment;

(c)

which prevents or repeatedly obstructs the assessment by the Secretary of State;

(d)

which fails to pay the fines and/or periodic penalty payments referred to in Article 6(1) and (2); or

(e)

which seeks to obtain financial cover or reimbursement of any fines imposed on it pursuant to Article 6.

2.

For the purpose of points (a) and (b) of paragraph 1, the Secretary of State shall decide on the basis of all the available information, including:

(a)

the results of its own assessment of the recognised organisation concerned pursuant to Article 8(1);

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

analyses of casualties involving ships classed by the recognised organisations;

(d)

any recurrence of the shortcomings referred to in point (a) of Article 6(1);

(e)

the extent to which the fleet in the recognised organisation’s class is affected; and

(f)

the ineffectiveness of the measures referred to in Article 6(2).

3.

F3The Secretary of State may decide to withdraw recognition from a recognised organisation only after the recognised organisation concerned has been given the opportunity to submit its observations.

Annotations

Textual amendments

F1

Words in Art. 7 substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(7)(a) (with reg. 2(1)(4)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)

F2

Art. 7(2)(b) omitted (31.12.2020) by virtue of The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(7)(b) (with reg. 2(1)(4)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 7(3) substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 3(7)(c) (with reg. 2(1)(4)) (as amended by S.I. 2020/1000, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)