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The Merchant Shipping (Fire Protection) Regulations 2023

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Merchant Shipping (Fire Protection) Regulations 2023 No. 568

Approvals

This section has no associated Explanatory Memorandum

8.—(1) Unless approved under the Merchant Shipping (Marine Equipment) Regulations 2016(1), equipment relating to fire protection, fire detection and fire extinction placed on board a United Kingdom ship and required by any provision of, or listed in—

(a)regulation 1.2 or 1.6 of Part A of Chapter II-2;

(b)Parts B, C, D, E and G of Chapter II-2;

(c)Merchant Shipping Notice 1900 (M);

(d)Merchant Shipping Notice 1901 (M);

(e)Merchant Shipping Notice 1902 (M); or

(f)the relevant Merchant Shipping Notices,

must be approved by the Secretary of State, or any person authorised by the Secretary of State.

(2) Unless approved under the Merchant Shipping (Survey and Certification) Regulations 2015(2), arrangements relating to fire protection, fire detection and fire extinction on board a United Kingdom ship and required by any provision of, or listed in—

(a)regulation 1.2 or 1.6 of Part A of Chapter II-2;

(b)Parts B, C, D, E and G of Chapter II-2;

(c)Merchant Shipping Notice 1900 (M);

(d)Merchant Shipping Notice 1901 (M);

(e)Merchant Shipping Notice 1902 (M); or

(f)the relevant Merchant Shipping Notices,

must be approved by the Secretary of State, or any person authorised by the Secretary of State.

(3) The Secretary of State, or any person authorised by the Secretary of State, may give an approval in relation to a United Kingdom ship for anything in the instruments, or in the provisions of an instrument, referred to in paragraph (4) requiring to be—

(a)approved by the Administration of the State whose flag the ship is entitled to fly;

(b)done to the satisfaction of such Administration; or

(c)acceptable to that Administration.

(4) The provisions and instruments referred to in paragraph (3) are—

(a)regulations 1.2 and 1.6 of Part A of Chapter II-2;

(b)Parts B, C, D, E and G of Chapter II-2;

(c)Merchant Shipping Notice 1901 (M);

(d)Merchant Shipping Notice 1902 (M).

(5) The Secretary of State, or any person authorised by the Secretary of State, may give an approval in relation to a United Kingdom ship for anything in the instruments referred to in paragraph (6) requiring to be—

(a)approved by the Secretary of State;

(b)done to the satisfaction of the Secretary of State; or

(c)acceptable to the Secretary of State.

(6) The instruments referred to in paragraph (5) are—

(a)Merchant Shipping Notice 1900 (M);

(b)the relevant Merchant Shipping Notices.

(7) An approval given under paragraph (1), (2), (3) or (5) may, on the giving of reasonable notice, be continued, altered or cancelled.

(8) Any approval given under paragraph (1), (2), (3) or (5), or a continuation, alteration or cancellation under paragraph (7), must—

(a)be in writing;

(b)specify the date on which it takes effect; and

(c)specify the terms, if any, on which it is given.

(9) The requirement that the approval referred to in paragraph (1), (2), (3) or (5), or a continuation, alteration or cancellation under paragraph (7), be in writing is satisfied where the text of the approval, continuation, alteration or cancellation is—

(a)transmitted by electronic means;

(b)received in legible form; and

(c)capable of being used for subsequent reference.

(1)

S.I. 2016/1025. The Regulations are amended by this instrument and by S.I. 2019/470, S.I. 2019/1304 and S.I. 2020/1025. There are other amending instruments which are not relevant.

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