Merchant Shipping Act 1995

313 Definitions

(1) In this Act, unless the context otherwise requires—

• “British connection” has the meaning given in section 9(9);

• “British citizen”, “British Dependent Territories citizen”, “British Overseas citizen” and “Commonwealth citizen” have the same meaning as in the [1981 c. 61.] British Nationality Act 1981;

• “British ship” has the meaning given in section 1(1);

• “commissioned military officer” means a commissioned officer in Her Majesty’s land forces on full pay;

• “commissioned naval officer” means a commissioned officer of Her Majesty’s Navy on full pay;

• “conservancy authority” includes all persons entrusted with the function of conserving, maintaining or improving the navigation of a tidal water (as defined in section 255);

• “consular officer”, in relation to a foreign country, means the officer recognised by Her Majesty as a consular officer of that foreign country;

• “contravention” includes failure to comply (and “failure” includes refusal);

• “Departmental inspector” and “Departmental officer” have the meanings given in section 256(9);

• “fishing vessel” means a vessel for the time being used (or, in the context of an application for registration, intended to be used) for, or in connection with fishing for sea fish other than a vessel used (or intended to be used) for fishing otherwise than for profit; and for the purposes of this definition “sea fish” includes shellfish, salmon and migratory trout (as defined by section 44 of the [1981 c. 29.] Fisheries Act 1981);

• “foreign”, in relation to a ship, means that it is neither a United Kingdom ship nor a small ship (as defined in section 1(2)) which is a British ship;

• “Government ship” has the meaning given in section 308;

• “harbour” includes estuaries, navigable rivers, piers, jetties and other works in or at which ships can obtain shelter or ship and unship goods or passengers;

• “harbour authority” includes all persons entrusted with the function of constructing, improving, managing, regulating, maintaining or lighting a harbour;

• “master” includes every person (except a pilot) having command or charge of a ship and, in relation to a fishing vessel, means the skipper;

• “port” includes place;

• “proper officer” means a consular officer appointed by Her Majesty’s Government in the United Kingdom and, in relation to a port in a country outside the United Kingdom which is not a foreign country, also any officer exercising in that port functions similar to those of a superintendent;

• “the register” and “registered” have the meaning given in section 23(1);

• “the registrar”, in relation to the registration of ships, has the meaning given in section 8;

• “registration regulations” means regulations under section 10;

• “relevant British possession” means—

  (a)

  the Isle of Man;

  (b)

  any of the Channel Islands; and

  (c)

  any colony;

• “safety regulations” means regulations under section 85;

• “seaman” includes every person (except masters and pilots) employed or engaged in any capacity on board any ship;

• “ship” includes every description of vessel used in navigation;

• “superintendent” means a mercantile marine superintendent appointed under section 296;

• “surveyor of ships” has the meaning given in section 256(9);

• “the tonnage regulations” means regulations under section 19;

• “United Kingdom ship” (and in Part V “United Kingdom fishing vessel”) has the meaning given in section 1(3) except in the contexts there mentioned; and

• “wages” includes emoluments.

(2) In this Act—

(a) “United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom; and

(b) “national waters”, in relation to the United Kingdom, means United Kingdom waters landward of the baselines for measuring the breadth of its territorial sea.

(3) A vessel for the time being used (or intended to be used) wholly for the purpose of conveying persons wishing to fish for pleasure is not a fishing vessel.