Regulation 5 Article 8: powers of surveyors carrying out an Article 8 survey

(1)

This regulation applies to—

(a)

a UK Government officer; and

(b)

an officer of an authorised recognised organisation suitably qualified and experienced to carry out an Article 8 survey.

(2)

When carrying out an Article 8 survey, the officer has the powers conferred under section 258(1) to (3) of the 1995 Act M1 as if—

(a)

that officer were a surveyor of ships appointed under section 256(2) of that Act; and

(b)

the EU Ship Recycling Regulation were a provision of that Act.

(3)

For the purposes of paragraph (2), the power to inspect any document conferred by section 258(1) is a power to inspect any document carried in the ship in pursuance of the EU Ship Recycling Regulation.

(4)

If any person obstructs an officer in the exercise of his or her powers under paragraph (2), that person commits an offence and is liable, on summary conviction—

(a)

in England and Wales, to a fine;

(b)

in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Annotations

Marginal citations

M1: Section 258 was amended by the Merchant Shipping and Maritime Security Act 1997 (c.28) (“the 1997 Act”), Schedule 1, paragraph 4. For the definition of “qualifying foreign ship” in section 258, see section 313A of the 1995 Act (inserted by the 1997 Act, Schedule 6, paragraph 20).