Memorandum by the Department
of the Environment, Transport and the Regions
2000 (S.I. 2000/1335)
1. The Committee has requested
the Department to submit a Memorandum on the following point
of new regulation 10 (inserted by regulation 16) provides that
in "special circumstances" as determined by the Authority,
a new certificate need not be dated from the expiry of the previous
certificate before an extension was granted. Explain the sort
of special circumstances envisaged by this provision.
2. The Department's understanding
of what is covered by the expression "special circumstances"
in this context is illustrated by a case where it takes several
months to carry out repairs and do the renewal survey, during
which time the ship is laid up, and the delay is unavoidable and
beyond the owner's control. In such a case the new certificate
could be dated from the date of completion of the renewal survey
rather than the date of the previous certificate.
3. As with the expression "short
voyages" in paragraph (6) of new regulation 10 (inserted
by regulation 16), the expression "special circumstances"
derives from the Protocol of 1988 relating to the International
Convention on Load Lines, 1966, which the Merchant Shipping (Load
Line) (Amendment) Regulations 2000 ("the 2000 Regulations")
are designed to implement. The expression is not defined in that
Protocol, and the Department was concerned that any attempt at
definition would risk being an inaccurate implementation of the
Protocol's provisions. The Department also considers that in practice
there is not likely to be any practical difficulty caused by the
lack of a definition in the 2000 Regulations. It therefore concluded
that it would be preferable not to include a definition.
20th June 2000