During April, there was one new detention of foreign flagged vessels in a UK port. Four vessels remained under detention from previous months. A total of three vessels remain under detention at the end of April.

1. In response to one of the recommendations of Lord Donaldson’s inquiry into the prevention of pollution from merchant shipping, and in compliance with the EU Directive on Port State Control (2009/16/EC as amended), the Maritime and Coastguard agency (MCA) publishes details of the foreign flagged vessels detained in UK ports each month.

2. The UK is part of a regional agreement on port state control known as the Paris Memorandum of Understanding on Port State Control (Paris MOU) and information on all ships that are inspected is held centrally in an electronic database known as THETIS. This allows the ships with a high risk rating and poor detention records to be targeted for future inspection.

3. Inspections of foreign flagged ships in UK ports are undertaken by surveyors from the Maritime and Coastguard Agency. When a ship is found to be not in compliance with applicable convention requirements, a deficiency may be raised. If any of their deficiencies are so serious they have to be rectified before departure, then the ship will be detained.

4. All deficiencies should be rectified before departure if at all possible.

5. When applicable, the list includes those passenger craft prevented from operating under the provisions of the EU Directive on Mandatory Surveys for the safe operation of regular Ro-Ro ferry and high speed passenger craft services (1999/35/EU).

Notes on the list of detentions

• Full details of the ship. The accompanying detention list shows ship’s International Maritime Organization (IMO) number which is unchanging throughout the ship’s life and uniquely identifies it. It also shows the ship’s name and flag state at the time of its inspection.
• Company. The company shown in the vessel’s Safety Management Certificate (SMC) or if there is no SMC, then the party otherwise believed to be responsible for the safety of the ship at the time of inspection.
• Classification Society. The list shows the Classification Society responsible for classing the ship only.
• Recognised Organisation. Responsible for conducting the statutory surveys: and issuing statutory certificates on behalf of the Flag State
• White (WL), Grey (GL) and Black lists (BL) are issued by the Paris MoU on 01 July each year and shows the performance of flag State.

SHIPS DETAINED IN APRIL 2017

Vessel Name: ARGYROULA

GT: 15949

IMO: 9159050

Flag: Marshall Islands (White list)

Company: G S Maritime Co Ltd

Classification Society: NKK

Recognised Organisation: NKK/BV

Recognised Organisation for ISM Doc: BV

Recognised Organisation for ISM SMC: BV

Date and Place of Detention: 5th April 2017 at Hull

Summary: Three deficiencies with three grounds for detention

Defective item	Nature of defect	Ground for Detention
18312 – Gally, handling room (maintenance)	Not Hygienic	Yes
18313 – Cleaniness	Dirty	Yes
18313 – Cleaniness	Signs of vermin	Yes

This vessel was released on 13th April 2017

DETENTIONS CARRIED OVER FROM PREVIOUS MONTHS

Vessel Name: MALAVIYA SEVEN

GT: 3001

IMO: 9087312

Flag: India (Grey List)

Company: GOL Offshore Ltd

Classification Society: IRS

Recognised Organisation: IRS

Recognised Organisation for ISM Doc: IRS

Recognised Organisation for ISM SMC: IRS

Date and Place of Detention: 5th October 2016 at Aberdeen

Summary: Five deficiencies with five grounds for detention

Defective item	Nature of defect	Ground for Detention
07105 – Fire doors/openings in fire resisting divisions	Not as required	Yes
07113 – Fire pumps and its pipes	Not as required	Yes
18203 – Wages	Missing	Yes
01220 – Seafarers employment agreement (SEA)	Invalid	Yes
18204 – Calculation and payment of wages	No records	Yes

This vessel was still detained on 30th April 2017

Vessel Name: SEA TRIDENT

GT: 964.

IMO No: 7393169.

Flag: PANAMA (white list)

Company:

Classification Society: Expired

Recognised Organisation: Expired

Recognised Organisation for ISM DOC:

Recognised Organisation for ISM SMC:

Date and Place of Detention: 17 June 2016, West Cowes

Summary: Seventeen deficiencies with seventeen grounds for detentions

Defective item	Nature of defect	Ground for Detention
01101 – Cargo ship safety equipment cert	Expired	Yes
01102 – Cargo Ship safety construction cert	Expired	Yes
01104 – Cargo ship safety radio cert	Expired	Yes
01108 – Loadline cert	Expired	Yes
01117 – IOPP (International Oil Pollution Prevention cert	Expired	Yes
01119 – International Sewage Pollution Prevention cert	Expired	Yes
01124 – International Air Pollution Prevention cert	Expired	Yes
01137 – Civil liability for bunker oil pollution damage cert	Expired	Yes
01199 – Other certs (Certificate of class)	Expired	Yes
01201 – Certificates for master and officers	Missing	Yes
10111 – Charts	Not updated	Yes
10116 – Publications Nautical	Not updated	Yes
11108 – Inflatable liferafts	Expired	Yes
11116 – Distress flares	Missing	Yes
07109 – Fixed fire fighting extinguishing installation	Not as required	Yes
07110 – Fire fighting equipment & appliances	Not as required	Yes
01140 – Declaration of Maritime Labour Compliance	Missing	Yes

This vessel was still detained on 30th April 2017

Vessel Name: SOUTHERN STAR

GT: 4450.

IMO No: 9212448.

Flag: COOK ISLANDS (black list)

Company: Coralot Consulting Ltd.

Classification Society: International Naval Surveys Bureau (INSB).

Recognised Organisation: INSB.

Recognised Organisation for ISM DOC: INSB.

Recognised Organisation for ISM SMC: INSB

Date and Place of Detention: 4th April 2016, Chatham, Orpington.

Summary: Six deficiencies with two grounds for detention

Defective item	Nature of defect	Ground for Detention
01201 – Certificates for masters and officers	Invalid	Yes
15150 – ISM	Not as required	Yes
13101 – Propulsion main engine	Not as required	No
01123 – Continuous synopsis record	Missing	No
01113 – Minimum safe manning document	Not as required	No
14119 – Oil and oily mixtures from machinery spaces	Lack of familiarity	No

This vessel was released on 21st April 2017.

Vessel Name: CIEN PORCIENTO (General Cargo)

GT: 106.

IMO No: 8944446.

Flag: Unregistered.

Company: Open Window Inc.

Classification Society: Unclassed.

Recognised Organisation: Not applicable.

Recognised Organisation for ISM DOC: Not applicable.

Recognised Organisation for ISM SMC: Not applicable

Date and Place of detention: 4 March 2010, Lowestoft

Summary: Thirty deficiencies including seven grounds for detention

This vessel was still detained on 30th April 2017

Notes to Editors

• The MCA is a partner in the Sea Vision UK campaign to raise awareness and understanding of the sea and maritime activities. Sea Vision promotes the importance and economic value of the sector and works to highlight the exciting range of activities and career opportunities available to young people within the UK growing maritime sector at www.seavision.org.uk

• Follow us on Twitter: @MCA_media

For further information please contact Maritime and Coastguard Agency Press Office, on: +44 (0) 2380 329 401 Press releases and further information about the agency is available here.

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The Charity Commission, the independent regulator of charities in England and Wales, has opened a statutory inquiry into Bethel United Church of Jesus Christ Apostolic UK, registered charity number 1047717. The inquiry was opened on 22 March 2017.

The charity has objects to advance the Christian religion through the church.

In 2016 the charity was included in the Commission’s class inquiry which tackles charities that have failed to comply with their statutory obligations to submit their annual accounts for 2 or more financial years. Although the charity submitted its outstanding accounting information to the class inquiry last year, it has again failed to comply with its legal obligations to file accounts and the accounts for the year ending March 2016 are now overdue.

As a result of its engagement, the Commission has identified further serious regulatory concerns regarding the charity’s financial controls and governance, which will be examined as a part of the statutory inquiry.

The inquiry will examine:

• the extent to which the trustees are complying with their legal duties in respect of their administration, governance and management of the charity and in particular: their compliance with legal obligations for the preparation and filing of the charity’s accounts and other information or returns
• the charity’s financial management including its financial controls and the extent to which the charity’s interests and property have been adequately protected
• the extent to which the trustees have complied with previously issued regulatory guidance
• related party transactions

The charity was previously subject to a compliance case after a significant amount of funds were misappropriated by a trustee, and the case report concluding the findings can be viewed on GOV.UK.

It is the Commission’s policy, after it has concluded an inquiry, to publish a report detailing what issues the inquiry looked at, what actions were undertaken as part of the inquiry and what the outcomes were. Reports of previous inquiries by the Commission are available on GOV.UK.

The charity’s details can be viewed on the Commission’s online charity search tool.

Ends

PR 35/17

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Notes to editors

1. The Charity Commission is the independent regulator of charities in England and Wales. To find out more about our work, see our annual report.
2. Search for charities on our online register.
3. Details of how the Commission reports on its regulatory work can be found on GOV.UK.
4. Section 46 of the Charities Act 2011 gives the Commission the power to institute inquiries. The opening of an inquiry gives the Commission access to a range of investigative, protective and remedial legal powers.
5. The Commission’s decision to announce the opening of a statutory inquiry is based on whether it is in the public interest to do so and with consideration of our objective to increase public trust and confidence in charities.

Summary

At about 13:25 hrs on Tuesday 14 June 2016, the passenger of a car that was waiting to cross the line was opening the gates at Dock Lane user worked crossing, in Melton, Suffolk, when a train passed over the crossing. The signaller at Saxmundham signal box had given permission for the car to cross the line after the car driver had contacted him using the telephone provided at the crossing.

The signaller knew the train’s approximate location before the call and was aware of its proximity to Dock Lane user worked crossing. However, during the call he did not use this information to decide to refuse permission to cross. Immediately after the call, the signaller realised the error.

It is possible that the signaller gave an automatic response to the car driver, partly because of the familiar nature of the telephone call and partly because of mental fatigue resulting from the complexity of maintaining awareness of train locations with the limited information that was available to him. Also, because he had been provided with all the information he needed to handle such a call without asking for it, he did not take the lead in the conversation. Had he done so, it might have reduced the chance of such an error.

The signaller at Saxmundham signal box is responsible for managing a high number of crossing telephone calls. The volume was such that it was highly likely that he would eventually make an error that could lead to a near miss or an accident.

Recommendations

The RAIB has made four recommendations to Network Rail, addressing management of human error when assessing level crossing risk, assessment of the signaller’s workload at Saxmundham, identification and assessment of other signalling locations with a high workload from level crossings, and the criteria for triggering assessment of workload demands on signallers.

Notes to editors

1. The sole purpose of RAIB investigations is to prevent future accidents and incidents and improve railway safety. RAIB does not establish blame, liability or carry out prosecutions.
2. RAIB operates, as far as possible, in an open and transparent manner. While our investigations are completely independent of the railway industry, we do maintain close liaison with railway companies and if we discover matters that may affect the safety of the railway, we make sure that information about them is circulated to the right people as soon as possible, and certainly long before publication of our final report.
3. For media enquiries, please call 01932 440015.

Newsdate: 3 May 2017

PDF, 4.81MB, 39 pages

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