Regulation 5 Responsibilities of owner and masterF1

United Kingdom

(1)

The owner and master of every ship shall ensure that the condition of the ship and its equipment shall be maintained to conform:

(a)

in the case of a United Kingdom ship, or any ship surveyed pursuant to these Regulations, with the provisions of these Regulations,

(b)

in the case of any other ship, with the requirements of the IGC Code,

so as to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the safety of ships or persons on them.

(2)

The owner and master of every ship shall ensure that after any survey of the ship required by these Regulations or by the IGC Code (as applicable) has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by the survey, without the approval of the appropriate Certifying Authority, or of the Administration of the State which carried out the survey for that ship, except by direct replacement.

(3)

The owner and master of every ship shall ensure that whenever an accident occurs to a ship or a defect is discovered which, in either case, substantially affects the integrity of the ship or the efficiency or completeness of its equipment:

(a)

if the ship is a United Kingdom ship, it is reported at the earliest opportunity to the Secretary of State and to any other appropriate Certifying Authority,

(b)

if the ship is a United Kingdom ship in a port outside the United Kingdom it is also reported to the proper officer and to the appropriate authorities of the country in which the port is situated, and

(c)

if the ship is a non-United Kingdom ship in a port in the United Kingdom, it is reported at the earliest opportunity to the Secretary of State.

(4)

Whenever an accident or defect is reported:

(a)

to the Secretary of State or a Certifying Authority under paragraph (3)(a), or

(b)

to the proper officer under paragraph (3)(b),

the Secretary of State, Certifying Authority or proper officer shall cause investigations to be initiated to determine whether or not a survey by a surveyor is necessary, and if a survey is found to be necessary require that survey to be carried out.

Annotations

Textual amendments

F1: Regs. 4-6B substituted for regs. 4-6 (20.4.2004) by The Merchant Shipping (Gas Carriers) (Amendment) Regulations 2004 (S.I. 2004/929), regs. 1(1), 5