Paragraph 3 Meaning of “maritime operator”F1
In this Order, a person is a maritime operator in relation to a scheme year, where in respect of that year that person—
performs a maritime activity in a ship; and
in respect of that ship is—
unless sub-paragraph (2) applies, its registered owner; or
where sub-paragraph (2) applies, its ISM company.
This sub-paragraph applies if—
the registered owner of that ship is not its ISM company;
that ship’s ISM company has agreed in writing with the registered owner of the ship that the ISM company is responsible for complying with the obligations that would otherwise be imposed by or under this Order on the registered owner of the ship as its maritime operator if this sub-paragraph did not apply to the ship;
evidence of that agreement has been provided to the satisfaction of the regulator; and
no notice has been given under paragraph 4(1) which relates to a change in the written agreement to the effect that that ISM company is no longer responsible for complying with the obligations imposed by or under this Order.
Where the person that performed a maritime activity is not known, the registered owner will be deemed to have performed that maritime activity.