Merchant Shipping Act 1995

Interpretation U.K.

31 (1) In this Schedule, except in so far as the context otherwise requires—

• “alteration” includes deterioration;

• “clearance” includes transire;

• “the Convention of 1966” means the International Convention on Load Lines which was signed in London on 5th April 1966;

• “Convention country” and “Contracting Government” have the meanings given to them by paragraph 29(2) of this Schedule;

• “non-United Kingdom ship” means a ship which is not registered in the United Kingdom;

• “post-1966 Convention ship” means a ship whose keel is laid, or which is at a similar stage of construction, on or after the material date; and “pre-1966 Convention ship” means a ship which is not a post-1966 Convention ship;

• “parent country”, in relation to a ship, means the country or territory in which the ship is registered, or, if the ship is not registered anywhere, means the country or territory whose flag the ship flies;

• “valid Convention certificate” has the meaning given to it by paragraph 12(5) of this Schedule.

(2) For the purposes of the definitions of pre-1966 and post-1966 Convention ship the material date—

(a) in relation to a ship whose parent country is a Convention country other than the United Kingdom, is the date as from which it is declared under paragraph 29 of this Schedule either that the Government of that country has accepted or acceded to the Convention of 1966 or that it is a territory to which that Convention extends, and

(b) in relation to any other ship, is 21st July 1968.

(3) In this Schedule, subject to sub-paragraph (4) below, “international voyage” means a voyage between—

(a) a port in the United Kingdom and a port outside the United Kingdom, or

(b) a port in a Convention country (other than the United Kingdom) and a port in any other country or territory (whether a Convention country or not) which is outside the United Kingdom.

(4) In determining, for the purposes of sub-paragraph (3) above, what are the ports between which a voyage is made, no account shall be taken of any deviation by a ship from its intended voyage which is due solely to stress of weather or any other circumstance which neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled; and for the purposes of that sub-paragraph any colony, protectorate or other dependency, and any territory for whose international relations a Government is separately responsible shall be taken to be a separate territory.

(5) Any reference in this Schedule to the gross tonnage of a ship shall be construed as a reference to the tonnage of the ship as ascertained in accordance with the tonnage regulations; and, where in accordance with those regulations alternative tonnages are assigned to a ship, the gross tonnage of the ship shall, for the purposes of this Schedule, be taken to be the larger of those tonnages.

(6) For the purposes of this Schedule the length of a ship shall be ascertained in accordance with regulations made by the Secretary of State under this Schedule.

(7) Any reference in this Schedule to any provision of the Convention of 1966 shall, in relation to any time after that provision has been amended in pursuance of Article 29 of that Convention, be construed as a reference to that provision as so amended.