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Regulation 19 Cancellation or suspension of relevant documents

Original text. Later amendments are not shown.

(1)

A Certifying Authority may suspend or cancel a Document of Compliance or an Interim Document of Compliance which has been issued to an ISM company which owns or has assumed responsibility for the operation of a United Kingdom ship, where that Certifying Authority has reason to believe that—

(a)

the Document of Compliance or Interim Document of Compliance has been issued on the basis of false or erroneous information;

(b)

in the case of a Document of Compliance, an application for the annual verification required by regulation 13(9) (verification and Document of Compliance requirements) has not been made before the end of the period specified in that regulation; or

(c)

there is evidence of a major non-conformity.

(2)

A Certifying Authority may suspend or cancel a Safety Management Certificate or an Interim Safety Management Certificate which has been issued in respect of a United Kingdom ship where that Certifying Authority has reason to believe that—

(a)

the Safety Management Certificate or Interim Safety Management Certificate has been issued on the basis of false or erroneous information;

(b)

in the case of a Safety Management Certificate, an application for the intermediate ship verification required by regulation 16(4)(a) (verification and Safety Management Certificate requirements) has not been made within the period specified in regulation 16(9); or

(c)

there is evidence of a major non-conformity.

(3)

Where a Certifying Authority has suspended or cancelled a Document of Compliance or an Interim Document of Compliance that has been issued to an ISM company which owns or has assumed responsibility for the operation of a United Kingdom ship, that Certifying Authority must suspend or cancel any associated Safety Management Certificate or Interim Safety Management Certificate which has been issued in respect of that ship.

(4)

Where a Certifying Authority decides to suspend or cancel a relevant document, that Certifying Authority must notify the relevant ISM company of the grounds for suspension or cancellation.

(5)

A notice given under paragraph (4) is only valid if—

(a)

it is given in writing;

(b)

it specifies the date on which it takes effect;

(c)

in the case of a suspension, it specifies the terms on which it is given; and

(d)

the ISM company was given the opportunity to make representations before the notice was given, unless that Certifying Authority considers that urgent safety or pollution prevention considerations require the notice to be given immediately.

(6)

A Certifying Authority may require a Document of Compliance or an Interim Document of Compliance issued to an ISM company which has expired or been cancelled, and any associated Safety Management Certificate or Interim Safety Management Certificate issued in respect of any United Kingdom ship which is owned by that ISM company or for which that company is responsible, to be surrendered.

(7)

No person may—

(a)

intentionally alter a relevant document;

(b)

intentionally make a false relevant document;

(c)

in connection with any verification referred to in regulation 13 (verification and Document of Compliance requirements), 14 (Interim verification and Interim Document of Compliance requirements), 16 (verification and Safety Management Certificate requirements) or 17 (Interim ship verification and Interim Safety Management Certificate requirements), knowingly or recklessly furnish false information;

(d)

with intent to deceive, use, lend, or allow to be used by another, a relevant document; or

(e)

fail to surrender a Document of Compliance or an Interim Document of Compliance and any associated Safety Management Certificate or Interim Safety Management Certificate which has been required to be surrendered pursuant to paragraph (6).