sec.42Relationship between regulatory provisions and general safety obligations for competent persons and ship owners and masters

### sec.42 Relationship between regulatory provisions and general safety obligations for competent persons and ship owners and masters In this section— general safety provision means section 40 or 41 . regulatory provision means a provision of a regulation or standard about the condition, equipping or crewing of ships. This section applies if— it is claimed in a proceeding that a person contravened a general safety provision because of the condition of a ship or its equipping or crewing (the safety issue ); and a regulatory provision provided a way of dealing with the safety issue to achieve safety. If it is proved that the safety issue was not dealt with in the way provided by the regulatory provision, the general safety provision is taken to have been contravened unless the court is satisfied that— to satisfy compliance with the general safety provision, it was reasonable for the person to rely on a survey report issued by a competent person, other than the person, that was in force for the ship and covered the safety issue (completely or partly); or the general safety provision was complied with, despite noncompliance with the regulatory provision. In deciding whether the general safety provision had been complied with despite noncompliance with the regulatory provision, the court must have regard to the objectives of this Act. s 42 amd 1995 No. 9 s 92 sch 1 ; 1995 No. 58 s 3 sch ; 1996 No. 63 s 7 ; 2000 No. 46 s 3 sch ; 2002 No. 29 s 16 sch 1 ; 2006 No. 21 s 55 ; 2016 No. 3 s 21 (sec.42-ssec.1) In this section— general safety provision means section 40 or 41 . regulatory provision means a provision of a regulation or standard about the condition, equipping or crewing of ships. (sec.42-ssec.2) This section applies if— it is claimed in a proceeding that a person contravened a general safety provision because of the condition of a ship or its equipping or crewing (the safety issue ); and a regulatory provision provided a way of dealing with the safety issue to achieve safety. (sec.42-ssec.3) If it is proved that the safety issue was not dealt with in the way provided by the regulatory provision, the general safety provision is taken to have been contravened unless the court is satisfied that— to satisfy compliance with the general safety provision, it was reasonable for the person to rely on a survey report issued by a competent person, other than the person, that was in force for the ship and covered the safety issue (completely or partly); or the general safety provision was complied with, despite noncompliance with the regulatory provision. (sec.42-ssec.4) In deciding whether the general safety provision had been complied with despite noncompliance with the regulatory provision, the court must have regard to the objectives of this Act. - (a) it is claimed in a proceeding that a person contravened a general safety provision because of the condition of a ship or its equipping or crewing (the safety issue ); and - (b) a regulatory provision provided a way of dealing with the safety issue to achieve safety. - (a) to satisfy compliance with the general safety provision, it was reasonable for the person to rely on a survey report issued by a competent person, other than the person, that was in force for the ship and covered the safety issue (completely or partly); or - (b) the general safety provision was complied with, despite noncompliance with the regulatory provision.