Basic Conditions of Employment Act, 1997
R 385
Merchant Shipping Act, 1951 (Act No. 57 of 1951)SchedulesSecond ScheduleProtocol of 1978 Relating to the International Convention for the Safety of Life at Sea, 1974AnnexChapter I — General ProvisionsPart B — Surveys and CertificatesRegulation 19 : Control |
| (a) | Every ship when in a port of another Party is subject to control by officers duly authorised by such Government in so far as this control is directed towards verifying that the certificates issued under Regulation 12 or Regulation 13 of Chapter I of the Convention are valid. |
| (b) | Such certificates, if valid, shall be accepted unless there are clear grounds for believing that the condition of the ship or of its equipment does not correspond substantially with the particulars of any of the certificates or that the ship and its equipment are not in compliance with the provisions of Regulation 11 (a) and (b) of this Chapter. |
| (c) | In the circumstances given in paragraph (b) of this Regulation or where a certificate has expired or ceased to be valid, the officer carrying out the control shall take steps to ensure that the ship shall not sail until it can proceed to sea or leave the port for the purpose of proceeding to the appropriate repair yard without danger to the ship or persons on board. |
| (d) | In the event of this control giving rise to an intervention of any kind, the officer carrying out the control shall forthwith inform, in writing, the Consul or, in his absence, the nearest diplomatic representative of the State whose flag the ship is entitled to fly of all the circumstances in which intervention was deemed necessary. In addition, nominated surveyors or recognised organisations responsible for the issue of the certificates shall also be notified. The facts concerning the intervention shall be reported to the Organization. |
| (e) | The Port State Authority concerned shall notify all relevant information about the ship to the authorities of the next port of call, in addition to parties mentioned in paragraph (d) of this Regulation, if it is unable to take action as specified in paragraphs (c) and (d) of this Regulation or if the ship has been allowed to proceed to the next port of call. |
| (f) | When exercising control under this Regulation all possible efforts shall be made to avoid a ship being unduly detained or delayed. If a ship is thereby unduly detained or delayed it shall be entitled to compensation for any loss or damage suffered. |
[Regulation 19 substituted by Proclamation No. R. 168 of 1982]
