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(1) These Regulations may be cited as the Merchant Shipping (Wreck Removal Convention) Regulations, 2017. (2) Regulations 10, 11, 12, 15 and 16(c) and (d) come into force on 20th February 2017.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. (1) In these Regulations \u2014 \u201caccident\u201d means a collision of ships, a stranding, another incident of navigation or another event, whether on board ship or not, resulting in material damage, or an imminent threat of material damage, to a ship or its cargo; \u201cauthorised person\u201d means \u2014 (a) a person authorised by the CEO to carry out inspections and audits for these Regulations; and (b) a surveyor of ships appointed under section 419 of the Law; Regulation 3 SL 3 of 2017 \u201cCayman convention area\u201d means Cayman Islands ports, Cayman Islands waters and the area up to twenty-five nautical miles seaward from the baselines under the Cayman Islands (Territorial Sea) Order 1989 [U.K. S.I. 1989\/2397]; \u201cconvention\u201d means the Nairobi International Convention on the Removal of Wrecks, 2007 , done in Nairobi on 18th May 2007 that came into force on 14th April 2015; \u201cconvention country\u201d means a State or territory that is a party to the convention; \u201cconvention insurance certificate\u201d, for a ship, means a certificate issued under the convention attesting that the ship has wreck removal insurance; \u201cCEO\u201d means Chief Executive Officer appointed under section 9(1) of the Maritime Authority Law (2013 Revision); \u201cnon-Cayman Islands ship\u201d is defined in section 227(1) of the Law; \u201cnotice\u201d means a notice in writing; \u201cReceiver\u201d means the Receiver of Wreck appointed under section 274 of the Law; and \u201cwreck removal insurance\u201d means a contract of insurance or other security satisfying the requirements of article 12 (compulsory insurance or other financial security). (2) A term used in these Regulations that is not defined in the Law or paragraph (1) has the same meaning that it has in the convention. (3) A reference in these Regulations to a numbered article or a paragraph and an article is a reference to the convention article, or paragraph and article, of that number or numbers. 3. Ships to which Regulations apply 3. (1) These Regulations only apply to ships as follows \u2014 (a) Cayman Islands ships anywhere in the world; (b) non-Cayman Islands ships in the Cayman convention area; and (c) ships involved in an accident as a result of which either or both of them, or anything from them, has become a wreck in the Cayman convention area. (2) However, these Regulations apply to a ship owned or operated by a State mentioned in paragraph 2 of article 4 (exclusions) only if the ship is the subject of a notice under paragraph 3 of that article. Regulation 4 SL 3 of 2017 PART 2 - REPORTING, MARKING AND REMOVING\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Wreck reporting requirement 4. (1) If an accident results in a wreck in a convention area and any ship to which these Regulations apply was involved in the accident, the master and the operator of the ship shall report the wreck without delay to \u2014 (a) if the wreck is in the Cayman convention area, the Minister; or (b) otherwise, the State or territory government for the convention area where the wreck is in. (2) The report must include the information mentioned in paragraph 2 of article 5 (reporting wrecks). (3) If the ship\u2019s master makes the report, the report is taken to have been made by the operator of the ship as well, and vice versa.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Locating and marking wrecks 5. (1) This regulation applies if an accident results in a wreck in the Cayman convention area. (2) The Minister shall ensure the obligations under articles 7 (locating wrecks) and 8 (marking of wrecks) are complied with in relation to the Cayman convention area. (3) For that purpose, the Minister may direct the Receiver to take stated steps relating to the wreck, including, for example, a step mentioned in section 292 of the Law. (4) The direction shall be written, or, if it is not reasonably practicable for the direction to be written, confirmed in writing as soon as reasonably practicable. (5) The Receiver shall comply with the direction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Removal by registered owner 6. (1) This regulation applies if a ship has been involved in an accident as a result of which the ship, or anything from it, has become a wreck in the Cayman convention area. (2) The Minister may determine whether or not the wreck poses a hazard, after taking into account the criteria under article 6 (determination of hazard). (3) If the Minister determines the wreck poses a hazard, the Minister shall take all reasonable steps to give the ship\u2019s registered owner a notice (the \u201cremoval notice\u201d) requiring the owner to comply with paragraphs 2 and 3 of article 9 (measures to facilitate the removal of wrecks). (4) The removal notice shall state \u2014 Regulation 7 SL 3 of 2017 (a) the deadline set under paragraph 6(a) of article 9 to remove the wreck; and (b) the matters of which paragraph 6(b) and (c) of article 9 requires the registered owner to be informed. (5) The Minister may impose conditions on the removal as mentioned in paragraph 4 of article 9 by including them in the removal notice or in a later notice given to the registered owner before removal of the wreck commences. (6) The registered owner shall comply with the removal notice and any conditions imposed under paragraph (5).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Ministerial removal power 7. (1) The Minister may remove a wreck in the Cayman convention area in the circumstances set out in paragraph 7 or 8 of article 9. (2) Alternatively, the Minister may direct the Receiver to carry out the removal. (3) The direction shall be written, or, if it is not reasonably practicable for the direction be written, confirmed in writing as soon as reasonably practicable. (4) The Receiver shall comply with the direction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Liability for costs 8. (1) This regulation applies if \u2014 (a) a ship has been involved in an accident as a result of which it, or anything from it, has become a wreck in the Cayman convention area; and (b) costs have been incurred in complying with regulations 5 and 7. (2) The person who incurred the costs is entitled to recover them from the ship\u2019s registered owner in a proceeding, unless the owner proves that an exception set out in paragraph 1 (a), (b) or (c) of Article 10 applies. (3) The owner would not be liable for costs under this regulation if or to the extent that liability would conflict with \u2014 (a) a convention listed in paragraph 1 of Article 11 (exceptions to liability); or (b) an enactment implementing such a convention. (4) If the registered owner of each of two or more ships is liable for costs under this regulation, but the costs for which each is liable cannot reasonably be separated, the registered owners shall be jointly liable for the total costs. (5) This regulation does not prevent the exercise of the right (if any) to limit liability by virtue of section 396 of the Law. Regulation 9 SL 3 of 2017 9. Limitation period 9. A proceeding under regulation 8(2) about a wreck cannot be brought after the end of the earlier of the following periods to end \u2014 (a) 3 years from the giving of a removal notice under regulation 6(3) for the wreck; or (b) 6 years from the accident that resulted in the wreck. PART 3 - INSURANCE\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Insurance requirements 10. (1) This regulation applies to a ship of 300 gross tonnage or more as determined under Annex I to the Tonnage Convention. (2) If the ship is a Cayman Islands ship, the master and the operator of the ship shall ensure it does not enter or leave any port in the world and that nobody attempts to navigate it to do so, unless \u2014 (a) the ship has wreck removal insurance; and (b) the CEO has issued a convention insurance certificate for the ship. (3) If the ship is a non-Cayman Islands ship, the master and the operator of the ship shall ensure it does not enter or leave a port in the Islands and that nobody attempts to navigate it do so, unless \u2014 (a) the ship has wreck removal insurance; and (b) the following has issued a convention insurance certificate for the ship \u2014 (i) if the ship is registered in another convention country, that country\u2019s government or another body acting under its authority; or (ii) for any other ship, the CEO, a convention country or another body acting under a convention country\u2019s authority.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Power to detain ship without insurance or certificate 11. An authorised person may detain a ship if anyone attempts to navigate it out of a port in contravention of regulation 10, but the authorised person shall not in the exercise of that power detain or delay the ship unreasonably.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Requirement to produce certificate 12. (1) This regulation applies to a ship that, under regulation 10, is required to have a convention insurance certificate before entering or leaving a port in the Islands. (2) The ship\u2019s master shall \u2014 Regulation 13 SL 3 of 2017 (a) ensure the certificate is carried on board the ship; and (b) if an authorised person or the Receiver asks for the certificate, produce it.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Obtaining certificate 13. (1) This regulation applies if a ship\u2019s registered owner applies to the CEO for a convention insurance certificate about \u2014 (a) a Cayman Islands ship; or (b) a non-Cayman Islands ship not registered in a convention country. (2) For a Cayman Islands ship, the CEO shall issue the certificate if satisfied \u2014 (a) the ship has wreck removal insurance in force for the period to which the certificate will relate; and (b) the obligations of the person providing the insurance will be met. (3) For a non-Cayman Islands ship, the CEO may, but need not, issue the certificate if satisfied of the matters in paragraph (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Power to cancel certificate 14. (1) The CEO may cancel a convention insurance certificate issued by the CEO for a ship if the CEO has reason to believe the certificate was issued on false or incorrect information. (2) The CEO may, by notice to the ship\u2019s registered owner, require the certificate to be surrendered as soon as reasonably practicable considering the ship\u2019s location. (3) The registered owner shall comply with the requirement. 15. Third parties\u2019 rights against insurers 15. (1) This regulation applies if \u2014 (a) a ship has been involved in an accident as a result of which it, or anything from it, has become a wreck in the Cayman convention area; (b) at the time of the accident the ship had wreck removal insurance; and (c) there is a convention insurance certificate in relation to the insurance. (2) A person who is entitled to recover costs from the ship\u2019s registered owner under regulation 8 may recover them from the insurer in a proceeding. (3) It is a defence for the insurer to prove that the accident was caused by the wilful misconduct of the ship\u2019s registered owner. (4) The insurer may also rely on any defences available to the registered owner (including regulation 9). (5) The insurer may limit liability in respect of claims made under this regulation to the same extent as the registered owner may limit liability by virtue of Regulation 16 SL 3 of 2017 section 396 of the Law, or would be able to limit liability under that section were it not for section 396(3) of the Law. (6) But an insurer may limit liability whether or not the accident is caused by an act or omission mentioned in section 399 of the Law. PART 4 - MISCELLANEOUS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Offence for certain contraventions 16. (1) A person who contravenes a provision of these Regulations as follows commits an offence and is liable to a fine of $55,000 or to imprisonment for a term of 12 months, or both \u2014 (a) regulation 4(1) or (2) (wreck reporting requirement); (b) regulation 6(6) (removal by registered owner); (c) regulation 10(2) or (3) (insurance requirements); (d) regulation 12(2) (requirement to produce certificate); or (e) regulation 14(3) (power to cancel certificate). (2) Paragraph (1) applies despite sections 6(2) and 8 of the Criminal Procedure Code (2014 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Defences 17. It is a defence for a person charged with an offence against regulation 16 to prove that \u2014 (a) the offence was committed without the person\u2019s knowledge; or (b) the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Electronic notices 18. (1) This regulation applies for a notice that may, under these Regulations, be given to a ship\u2019s registered owner by the Minister or the CEO. (2) The notice may be given to the owner by sending it electronically to an electronic address if any of the following persons have, from that address, electronically communicated with the Minister or the CEO for any purpose of the Law or these Regulations \u2014 (a) the owner; (b) a person who had, or had apparently, been, authorised by the owner to communicate with the Minister or the CEO on the owner\u2019s behalf; or (c) the owner\u2019s electronic agent as defined under section 2 of the Electronic Transactions Law (2003 Revision). Regulation 19 SL 3 of 2017 (3) However, if there has been more than one such electronic address for a person mentioned in paragraph (2), the notice can only be sent to the one that the person most recently used to so communicate with the Minister or the CEO. (4) In this regulation \u2014 \u201celectronic address\u201d includes an email address, an internet protocol (IP) address and the address of a digital mailbox.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Access to hard copy of convention 19. The CEO shall \u2014 (a) keep a copy of the convention in the CEO\u2019s office or some other suitable public office, library or repository; (b) at that place allow members of the public to inspect it; and (c) give to anyone who asks a hard copy of the convention on payment of a reasonable, but no more than the actual, cost of producing and giving the copy. 20. Saving 20. To avoid doubt, if a person incurs a liability under these Regulations, the liability does not affect a claim, or the enforcement of a claim, that the person may have against anyone else for the liability. Made in Cabinet the 3rd day of January, 2017. 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PRELIMINARY\n1.\nCitation and commencement .....................................................................................................5\n2.\nInterpretation .............................................................................................................................5\n3.\nShips to which Regulations apply...............................................................................................6\nPART 2 - REPORTING, MARKING AND REMOVING\n4.\nWreck reporting requirement......................................................................................................7\n5.\nLocating and marking wrecks .....................................................................................................7\n6.\nRemoval by registered owner ....................................................................................................7\n7.\nMinisterial removal power ..........................................................................................................8\n8.\nLiability for costs ........................................................................................................................8\n9.\nLimitation period ........................................................................................................................9\nPART 3 - INSURANCE\n10.\nInsurance requirements .............................................................................................................9\n11.\nPower to detain ship without insurance or certificate ..................................................................9\n12.\nRequirement to produce certificate ............................................................................................9\n13.\nObtaining certificate ................................................................................................................. 10\n14.\nPower to cancel certificate ....................................................................................................... 10\n15.\nThird parties\u2019 rights against insurers ........................................................................................ 10\n\nArrangement of Regulations\nMerchant Shipping (Wreck Removal Convention) Regulations, 2017\n\nPage 4\nSL 3 of 2017\nc\n\nPART 4 - MISCELLANEOUS\n16.\nOffence for certain contraventions ........................................................................................... 11\n17.\nDefences ................................................................................................................................. 11\n18.\nElectronic notices .................................................................................................................... 11\n19.\nAccess to hard copy of convention........................................................................................... 12\n20.\nSaving ..................................................................................................................................... 12\n\nMerchant Shipping (Wreck Removal Convention) Regulations, 2017\nRegulation 1\n\nc\nSL 3 of 2017\nPage 5\n\nCAYMAN ISLANDS\n\nMerchant Shipping Law\nMERCHANT SHIPPING (WRECK REMOVAL\nCONVENTION) REGULATIONS, 2017\n(SL 3 of 2017)\nThe Cabinet, in exercise of the powers conferred by section 463 of the Merchant\nShipping Law (2016 Revision) makes the following Regulations \u2014\nPART 1 - PRELIMINARY\n1.\nCitation and commencement\n1.\n(1) These Regulations may be cited as the Merchant Shipping (Wreck Removal\nConvention) Regulations, 2017.\n(2) Regulations 10, 11, 12, 15 and 16(c) and (d) come into force on 20th\nFebruary 2017.\n2.\nInterpretation\n2.\n(1) In these Regulations \u2014\n\u201caccident\u201d means a collision of ships, a stranding, another incident of\nnavigation or another event, whether on board ship or not, resulting in material\ndamage, or an imminent threat of material damage, to a ship or its cargo;\n\u201cauthorised person\u201d means \u2014\n(a)\na person authorised by the CEO to carry out inspections and audits for\nthese Regulations; and\n(b) a surveyor of ships appointed under section 419 of the Law;\n\nRegulation 3\nMerchant Shipping (Wreck Removal Convention) Regulations, 2017\n\nPage 6\nSL 3 of 2017\nc\n\n\u201cCayman convention area\u201d means Cayman Islands ports, Cayman Islands\nwaters and the area up to twenty-five nautical miles seaward from the\nbaselines under the Cayman Islands (Territorial Sea) Order 1989 [U.K. S.I.\n1989\/2397];\n\u201cconvention\u201d means the Nairobi International Convention on the Removal of\nWrecks, 2007 , done in Nairobi on 18th May 2007 that came into force on\n14th April 2015;\n\u201cconvention country\u201d means a State or territory that is a party to the\nconvention;\n\u201cconvention insurance certificate\u201d, for a ship, means a certificate issued\nunder the convention attesting that the ship has wreck removal insurance;\n\u201cCEO\u201d means Chief Executive Officer appointed under section 9(1) of the\nMaritime Authority Law (2013 Revision);\n\u201cnon-Cayman Islands ship\u201d is defined in section 227(1) of the Law;\n\u201cnotice\u201d means a notice in writing;\n\u201cReceiver\u201d means the Receiver of Wreck appointed under section 274 of the\nLaw; and\n\u201cwreck removal insurance\u201d means a contract of insurance or other security\nsatisfying the requirements of article 12 (compulsory insurance or other\nfinancial security).\n(2) A term used in these Regulations that is not defined in the Law or paragraph\n(1) has the same meaning that it has in the convention.\n(3) A reference in these Regulations to a numbered article or a paragraph and an\narticle is a reference to the convention article, or paragraph and article, of that\nnumber or numbers.\n3.\nShips to which Regulations apply\n3.\n(1) These Regulations only apply to ships as follows \u2014\n(a)\nCayman Islands ships anywhere in the world;\n(b) non-Cayman Islands ships in the Cayman convention area; and\n(c)\nships involved in an accident as a result of which either or both of them,\nor anything from them, has become a wreck in the Cayman\nconvention area.\n(2) However, these Regulations apply to a ship owned or operated by a State\nmentioned in paragraph 2 of article 4 (exclusions) only if the ship is the\nsubject of a notice under paragraph 3 of that article.\n\nMerchant Shipping (Wreck Removal Convention) Regulations, 2017\nRegulation 4\n\nc\nSL 3 of 2017\nPage 7\n\nPART 2 - REPORTING, MARKING AND REMOVING\n4.\nWreck reporting requirement\n4.\n(1) If an accident results in a wreck in a convention area and any ship to which\nthese Regulations apply was involved in the accident, the master and the\noperator of the ship shall report the wreck without delay to \u2014\n(a)\nif the wreck is in the Cayman convention area, the Minister; or\n(b) otherwise, the State or territory government for the convention area\nwhere the wreck is in.\n(2) The report must include the information mentioned in paragraph 2 of article 5\n(reporting wrecks).\n(3) If the ship\u2019s master makes the report, the report is taken to have been made by\nthe operator of the ship as well, and vice versa.\n5.\nLocating and marking wrecks\n5.\n(1) This regulation applies if an accident results in a wreck in the Cayman\nconvention area.\n(2) The Minister shall ensure the obligations under articles 7 (locating wrecks)\nand 8 (marking of wrecks) are complied with in relation to the Cayman\nconvention area.\n(3) For that purpose, the Minister may direct the Receiver to take stated steps\nrelating to the wreck, including, for example, a step mentioned in section 292\nof the Law.\n(4) The direction shall be written, or, if it is not reasonably practicable for the\ndirection to be written, confirmed in writing as soon as reasonably practicable.\n(5) The Receiver shall comply with the direction.\n6.\nRemoval by registered owner\n6.\n(1) This regulation applies if a ship has been involved in an accident as a result of\nwhich the ship, or anything from it, has become a wreck in the Cayman\nconvention area.\n(2) The Minister may determine whether or not the wreck poses a hazard, after\ntaking into account the criteria under article 6 (determination of hazard).\n(3) If the Minister determines the wreck poses a hazard, the Minister shall take all\nreasonable steps to give the ship\u2019s registered owner a notice (the \u201cremoval\nnotice\u201d) requiring the owner to comply with paragraphs 2 and 3 of article 9\n(measures to facilitate the removal of wrecks).\n(4) The removal notice shall state \u2014\n\nRegulation 7\nMerchant Shipping (Wreck Removal Convention) Regulations, 2017\n\nPage 8\nSL 3 of 2017\nc\n\n(a)\nthe deadline set under paragraph 6(a) of article 9 to remove the\nwreck; and\n(b) the matters of which paragraph 6(b) and (c) of article 9 requires the\nregistered owner to be informed.\n(5) The Minister may impose conditions on the removal as mentioned in\nparagraph 4 of article 9 by including them in the removal notice or in a later\nnotice given to the registered owner before removal of the wreck commences.\n(6) The registered owner shall comply with the removal notice and any conditions\nimposed under paragraph (5).\n7.\nMinisterial removal power\n7.\n(1) The Minister may remove a wreck in the Cayman convention area in the\ncircumstances set out in paragraph 7 or 8 of article 9.\n(2) Alternatively, the Minister may direct the Receiver to carry out the removal.\n(3) The direction shall be written, or, if it is not reasonably practicable for the\ndirection be written, confirmed in writing as soon as reasonably practicable.\n(4) The Receiver shall comply with the direction.\n8.\nLiability for costs\n8.\n(1) This regulation applies if \u2014\n(a)\na ship has been involved in an accident as a result of which it, or\nanything from it, has become a wreck in the Cayman convention\narea; and\n(b) costs have been incurred in complying with regulations 5 and 7.\n(2) The person who incurred the costs is entitled to recover them from the ship\u2019s\nregistered owner in a proceeding, unless the owner proves that an exception\nset out in paragraph 1 (a), (b) or (c) of Article 10 applies.\n(3) The owner would not be liable for costs under this regulation if or to the extent\nthat liability would conflict with \u2014\n(a)\na convention listed in paragraph 1 of Article 11 (exceptions to\nliability); or\n(b) an enactment implementing such a convention.\n(4) If the registered owner of each of two or more ships is liable for costs under\nthis regulation, but the costs for which each is liable cannot reasonably be\nseparated, the registered owners shall be jointly liable for the total costs.\n(5) This regulation does not prevent the exercise of the right (if any) to limit\nliability by virtue of section 396 of the Law.\n\nMerchant Shipping (Wreck Removal Convention) Regulations, 2017\nRegulation 9\n\nc\nSL 3 of 2017\nPage 9\n\n9.\nLimitation period\n9.\nA proceeding under regulation 8(2) about a wreck cannot be brought after the end of\nthe earlier of the following periods to end \u2014\n(a)\n3 years from the giving of a removal notice under regulation 6(3) for the\nwreck; or\n(b) 6 years from the accident that resulted in the wreck.\nPART 3 - INSURANCE\n10.\nInsurance requirements\n10. (1) This regulation applies to a ship of 300 gross tonnage or more as determined\nunder Annex I to the Tonnage Convention.\n(2) If the ship is a Cayman Islands ship, the master and the operator of the ship\nshall ensure it does not enter or leave any port in the world and that nobody\nattempts to navigate it to do so, unless \u2014\n(a)\nthe ship has wreck removal insurance; and\n(b) the CEO has issued a convention insurance certificate for the ship.\n(3) If the ship is a non-Cayman Islands ship, the master and the operator of the\nship shall ensure it does not enter or leave a port in the Islands and that nobody\nattempts to navigate it do so, unless \u2014\n(a)\nthe ship has wreck removal insurance; and\n(b) the following has issued a convention insurance certificate for the ship \u2014\n(i)\nif the ship is registered in another convention country, that\ncountry\u2019s government or another body acting under its authority; or\n(ii) for any other ship, the CEO, a convention country or another body\nacting under a convention country\u2019s authority.\n11.\nPower to detain ship without insurance or certificate\n11. An authorised person may detain a ship if anyone attempts to navigate it out of a\nport in contravention of regulation 10, but the authorised person shall not in the\nexercise of that power detain or delay the ship unreasonably.\n12.\nRequirement to produce certificate\n12. (1) This regulation applies to a ship that, under regulation 10, is required to have a\nconvention insurance certificate before entering or leaving a port in the\nIslands.\n(2) The ship\u2019s master shall \u2014\n\nRegulation 13\nMerchant Shipping (Wreck Removal Convention) Regulations, 2017\n\nPage 10\nSL 3 of 2017\nc\n\n(a)\nensure the certificate is carried on board the ship; and\n(b) if an authorised person or the Receiver asks for the certificate, produce it.\n13.\nObtaining certificate\n13. (1) This regulation applies if a ship\u2019s registered owner applies to the CEO for a\nconvention insurance certificate about \u2014\n(a)\na Cayman Islands ship; or\n(b) a non-Cayman Islands ship not registered in a convention country.\n(2) For a Cayman Islands ship, the CEO shall issue the certificate if satisfied \u2014\n(a)\nthe ship has wreck removal insurance in force for the period to which the\ncertificate will relate; and\n(b) the obligations of the person providing the insurance will be met.\n(3) For a non-Cayman Islands ship, the CEO may, but need not, issue the\ncertificate if satisfied of the matters in paragraph (2).\n14.\nPower to cancel certificate\n14. (1) The CEO may cancel a convention insurance certificate issued by the CEO for\na ship if the CEO has reason to believe the certificate was issued on false or\nincorrect information.\n(2) The CEO may, by notice to the ship\u2019s registered owner, require the certificate\nto be surrendered as soon as reasonably practicable considering the ship\u2019s\nlocation.\n(3) The registered owner shall comply with the requirement.\n15.\nThird parties\u2019 rights against insurers\n15. (1) This regulation applies if \u2014\n(a)\na ship has been involved in an accident as a result of which it, or\nanything from it, has become a wreck in the Cayman convention area;\n(b) at the time of the accident the ship had wreck removal insurance; and\n(c)\nthere is a convention insurance certificate in relation to the insurance.\n(2) A person who is entitled to recover costs from the ship\u2019s registered owner\nunder regulation 8 may recover them from the insurer in a proceeding.\n(3) It is a defence for the insurer to prove that the accident was caused by the\nwilful misconduct of the ship\u2019s registered owner.\n(4) The insurer may also rely on any defences available to the registered owner\n(including regulation 9).\n(5) The insurer may limit liability in respect of claims made under this regulation\nto the same extent as the registered owner may limit liability by virtue of\n\nMerchant Shipping (Wreck Removal Convention) Regulations, 2017\nRegulation 16\n\nc\nSL 3 of 2017\nPage 11\n\nsection 396 of the Law, or would be able to limit liability under that section\nwere it not for section 396(3) of the Law.\n(6) But an insurer may limit liability whether or not the accident is caused by an\nact or omission mentioned in section 399 of the Law.\nPART 4 - MISCELLANEOUS\n16.\nOffence for certain contraventions\n16. (1) A person who contravenes a provision of these Regulations as follows\ncommits an offence and is liable to a fine of $55,000 or to imprisonment for a\nterm of 12 months, or both \u2014\n(a)\nregulation 4(1) or (2) (wreck reporting requirement);\n(b) regulation 6(6) (removal by registered owner);\n(c)\nregulation 10(2) or (3) (insurance requirements);\n(d) regulation 12(2) (requirement to produce certificate); or\n(e)\nregulation 14(3) (power to cancel certificate).\n(2) Paragraph (1) applies despite sections 6(2) and 8 of the Criminal Procedure\nCode (2014 Revision).\n17.\nDefences\n17. It is a defence for a person charged with an offence against regulation 16 to\nprove that \u2014\n(a)\nthe offence was committed without the person\u2019s knowledge; or\n(b) the person took all reasonable precautions and exercised all due diligence\nto avoid the commission of the offence.\n18.\nElectronic notices\n18. (1) This regulation applies for a notice that may, under these Regulations, be\ngiven to a ship\u2019s registered owner by the Minister or the CEO.\n(2) The notice may be given to the owner by sending it electronically to an\nelectronic address if any of the following persons have, from that address,\nelectronically communicated with the Minister or the CEO for any purpose of\nthe Law or these Regulations \u2014\n(a)\nthe owner;\n(b) a person who had, or had apparently, been, authorised by the owner to\ncommunicate with the Minister or the CEO on the owner\u2019s behalf; or\n(c)\nthe owner\u2019s electronic agent as defined under section 2 of the Electronic\nTransactions Law (2003 Revision).\n\nRegulation 19\nMerchant Shipping (Wreck Removal Convention) Regulations, 2017\n\nPage 12\nSL 3 of 2017\nc\n\n(3) However, if there has been more than one such electronic address for a person\nmentioned in paragraph (2), the notice can only be sent to the one that the\nperson most recently used to so communicate with the Minister or the CEO.\n(4) In this regulation \u2014\n\u201celectronic address\u201d includes an email address, an internet protocol (IP)\naddress and the address of a digital mailbox.\n19.\nAccess to hard copy of convention\n19. The CEO shall \u2014\n(a)\nkeep a copy of the convention in the CEO\u2019s office or some other suitable\npublic office, library or repository;\n(b) at that place allow members of the public to inspect it; and\n(c)\ngive to anyone who asks a hard copy of the convention on payment of a\nreasonable, but no more than the actual, cost of producing and giving\nthe copy.\n20.\nSaving\n20. To avoid doubt, if a person incurs a liability under these Regulations, the liability\ndoes not affect a claim, or the enforcement of a claim, that the person may have\nagainst anyone else for the liability.\nMade in Cabinet the 3rd day of January, 2017.\nKim Bullings\nClerk of the Cabinet.","akn_extracted_at":"2026-06-22 15:39:15.611467+00","cms_id":"2017-0003","law_type":"subordinate","year":"2017","number":"3","title":"Merchant Shipping (Wreck Removal Convention) Regulations, 2017","status":"in_force"},"provenance":{"files":[{"file_id":"6697","expr_id":"1890","kind":"akn_xml","filename":"2017-0003_SL 3 of 2017.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2017\/2017-0003\/2017-0003_SL 3 of 2017.akn.xml","content_md5":"7359cc1ed12f5a4ca2e557418147ee7a","byte_size":"19900","http_last_modified":null,"fetched_at":"2026-06-22 15:39:15.767155+00"},{"file_id":"3779","expr_id":"1890","kind":"pristine_pdf","filename":"2017-0003_SL 3 of 2017.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2017\/2017-0003\/2017-0003_SL 3 of 2017.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2017\/2017-0003\/2017-0003_SL 3 of 2017.pdf","content_md5":"c9aa786e368079a48751765200b6899d","byte_size":"504548","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.076262+00"},{"file_id":"3780","expr_id":"1890","kind":"working_pdf","filename":"2017-0003_SL 3 of 2017.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2017\/2017-0003\/2017-0003_SL 3 of 2017.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2017\/2017-0003\/2017-0003_SL 3 of 2017.pdf","content_md5":"c9aa786e368079a48751765200b6899d","byte_size":"504548","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.076262+00"}],"paragraph_count":12,"latest_history":null},"quality":{"expr_id":"1890","doc_id":"1890","quality_state":"needs_review","quality_score":"80","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture,verify_commencement_metadata}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample appears truncated and contains repetitive title\/header elements that may warrant review for extraction consistency.","assessed_at":"2026-06-22 15:29:45.854117+00","updated_at":"2026-06-22 15:29:45.854117+00"}}