Regulation 4 Certificate of compliance

(1)

The Secretary of State must issue a certificate of compliance in respect of a United Kingdom fishing vessel in the following circumstances—

(a)

a surveyor of ships, following a survey (in the case of a large or medium fishing vessel) or inspection (in the case of a small fishing vessel) as set out in the relevant Merchant Shipping Notice, is satisfied that the vessel complies with the applicable Code of Practice; or

(b)

an exemption granted by the Secretary of State under regulation 18 (exemptions) applies to the vessel, and a surveyor of ships, having carried out a survey or inspection as set out in the relevant Merchant Shipping Notice, is satisfied that the vessel complies with—

(i)

the applicable Code of Practice, other than to the extent of that exemption; and

(ii)

any conditions and limitations subject to which the exemption has been granted; and

(c)

in either case, that any fees prescribed in regulations made under section 302 of the Act (fees) have been paid M1.

(2)

A certificate of compliance must—

(a)

have a period of validity not exceeding that set out in the relevant Merchant Shipping Notice;

(b)

in the case of a large fishing vessel, be supplemented by a record of equipment; and

(c)

be in the format set out in the relevant Merchant Shipping Notice.

(3)

In this regulation, “record of equipment” means a document containing the information required by Council Directive 97/70/EC of 11th December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over M2 and by the Torremolinos Protocol.

Annotations

Marginal citations

M1: See the Merchant Shipping (Fees) Regulations 2006, S.I. 2006/2055. Relevant amending instruments are S.I. 2006/3225, 2011/3056, 2015/315, 2015/410, 2015/782 and 2016/1025.
M2: OJ L034, 09.02.1998 p.0001-0029.