Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Schedules

Second Schedule

Protocol of 1978 Relating to the International Convention for the Safety of Life at Sea, 1974

Annex

Chapter I — General Provisions

Part B — Surveys and Certificates

Regulation 6 : Inspection and survey

Purchase

(a)

The inspection and survey of ships, so far as regards the enforcement of the provisions of the present Regulations and the granting of exemptions therefrom, shall be carried out by officers of the Administration. The Administration may, however, entrust the inspections and surveys either to surveyors nominated for the purpose or to organisations recognised by it.

(b)

The Administration shall institute arrangements for unscheduled inspections to be carried out during the period of validity of the certificate. Such inspections shall ensure that the ship and its equipment remain in all respects satisfactory for the service for which the ship is intended. These inspections may be carried out by the Administration’s own inspection services, or by nominated surveyors, or by recognised organisations, or by other Parties upon request of the Administration. Where the Administration, under the provisions of Regulations 8 and 10 of this Chapter, establishes mandatory annual surveys, the above unscheduled inspections shall not be obligatory.

(c)	An Administration nominating surveyors or recognising organisations to conduct inspections and surveys as set forth in paragraphs (a) a n d (b) of this Regulation shall as a minimum empower any nominated surveyor or recognised organisation to—

(i)	require repairs to a ship; and

(ii)	carry out inspections and surveys if requested by the appropriate authorities of a Port State.

The Administration shall notify the Organization of the specific responsibilities and conditions of the authority delegated to nominated surveyors or recognised organisations.

(d)

When a nominated surveyor or recognised organisation determines that the condition of the ship or its equipment does not correspond substantially with the particulars of the certificate or is such that the ship is not fit to proceed to sea without danger to the ship, or persons on board, such surveyor or organisation shall immediately ensure that corrective action is taken and shall in due course notify the Administration. If such corrective action is not taken the relevant certificate should be withdrawn and the Administration shall be notified immediately; and, if the ship is in the port of another Party, the appropriate authorities of the Port State shall also be notified immediately. When an officer of the Administration, a nominated surveyor or recognised organisation has notified the appropriate authorities of the Port State, the Government of the Port State concerned shall give such officer, surveyor or organisation any necessary assistance to carry out their obligations under this Regulation. Where applicable, the Government of the Port State concerned shall ensure that the ship shall not sail until it can proceed to sea, or leave port for the purpose of proceeding to the appropriate repair yard, without danger to the ship or persons on board.

(e)	In every case, the Administration shall fully guarantee the completeness and efficiency of the inspection and survey, and shall undertake to ensure the necessary arrangements to satisfy this obligation.

[Regulation 6 substituted by Proclamation No. R. 168 of 1982]