27Safety duties in relation to design, manufacture and supply of marine safety equipment

27 Safety duties in relation to design, manufacture and supply of marine safety equipment (1) A person who— (a) designs, commissions, constructs, manufactures, supplies, installs, maintains, repairs or modifies any thing; and (b) knows, or ought reasonably to know, that the thing is, or is to be used as, marine safety equipment— must— (c) ensure, so far as is reasonably practicable, that the thing is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, installed, maintained, repaired or modified; (d) carry out, or arrange the carrying out, of such testing and examination as may be necessary for compliance with this section; (e) in the case of a thing to which paragraph (c) applies, take such action as is necessary to ensure that there will be available in connection with the use of the thing adequate information about— (i) the use for which the thing was designed, commissioned, constructed, manufactured, supplied, installed, maintained, repaired or modified; and (ii) the results of any testing or examination referred to in paragraph (d); and (iii) any conditions necessary to ensure the thing is safe if it is used for a purpose for which it was designed, commissioned, constructed, manufactured, supplied, installed, maintained, repaired or modified. (3) For the purposes of subsection (1), if the person who supplies the thing— (a) carries on the business of financing the acquisition of the thing by customers; and (b) has, in the course of that business, acquired an interest in the thing solely for the purpose of financing its acquisition by a customer from a third person or its provision to a customer by a third person; and (c) has not taken possession of the thing or has taken possession of it solely for the purpose of passing possession to that customer— the reference in subsection (1) to the person who supplies that thing is instead taken to be a reference to the third person. S. 27(4) inserted by No. 36/2013 s. 33. (4) This section does not apply to a thing that is, or is to be used as, marine equipment that is solely for domestic commercial vessels. S. 28 (Heading) amended by No. 55/2017 s. 9(1).