# The Merchant Shipping (Port State Control) (Amendment) Regulations 1998, Regulation 6


After regulation 9 there shall be inserted the following regulation—
“Procedure applicable in the absence of ISM certificates
9A (1) Where an inspection reveals that a copy of the document of compliance or the safety management certificate required by the International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) are not on board a vessel to which the ISM Code is applicable at the date of inspection, the inspector shall detain the ship.
(2) Notwithstanding the absence of the documentation referred to in paragraph (1) above,
(i) if the inspection reveals no other deficiencies warranting detention the Maritime and Coastguard Agency may lift the detention order for the purpose of avoiding port congestion. Whenever such a decision is taken, the Maritime and Coastguard Agency shall immediately alert the competent authorities of the member States; and
(ii) where deficiencies referred to in regulation 9(2) are found and cannot be rectified in the port of detention, the relevant provisions of regulation 13 shall apply.
(3) A ship which proceeds to sea from any port in any member State following release in order to avoid port congestion shall not enter any port in the United Kingdom until the owner has provided evidence to the satisfaction of the competent authority of the member State where the ship was detained that the ship fully complies with the requirements of the ISM Code.
(4) Notwithstanding the provisions of paragraph (3) above access to a specific port may be permitted in situations referred to in regulation 13(8).”

---
Source: https://www.legislation.gov.uk/uksi/1998/1433/regulation/6 (the official version)
Page: https://openlegislation.uk/merchant-shipping-port-state-control-amendment-regulations-1998/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.