The Merchant Shipping (Port State Control) Regulations 1995

Application of Part I

3.—(1) Subject to paragraph (2) below, this Part applies to any seagoing ship:

(a) in a port in the United Kingdom or at an offshore installation; or

(b) anchored off such a port or such an installation (except in waters which are neither United Kingdom waters nor designated waters),

and its crew.

(2) This Part of these Regulations does not apply to—

(a) a British ship,

(b) a fishing vessel,

(c) a ship of war,

(d) a naval auxiliary,

(e) a wooden ship of a primitive build,

(f) a government ship used for non-commercial purposes, or

(g) a pleasure yacht not engaged in trade.

(3) In the case of a ship below 500 gross tonnage to the extent to which a Convention does not apply, an inspector shall, without prejudice to any other powers under the Act or statutory instruments made under it, take such action as may be necessary to ensure that the ship is not clearly hazardous to safety, health or the environment. In his application of this paragraph, an inspector shall be guided by Annex 1 to the MOU.

(4) When inspecting a ship pursuant to regulations 5 to 8 below no more favourable treatment shall be given to a ship flying the flag of a State which is not a party to a Convention or to the crew of such a ship than that given to a ship flying the flag of a State which is a party to that Convention or to the crew of such a ship.

(5) A power of inspection or detention conferred by a Convention enactment is also exercisable in relation to a ship which—

(a) is at an offshore installation, or

(b) is anchored off an offshore installation or a port in the United Kingdom,

where the ship is one to which this Part of these Regulations applies.

(6) Where—

(a) a ship to which this Part of these Regulations applies is detained under a Convention enactment, or

(b) the master of such a ship is served with a detention notice under such an enactment,

section 284 of the Act (enforcing detention of a ship) shall apply in relation to the ship as if any reference to proceeding to sea were a reference to proceeding contrary to the detention notice and references to sending or taking to sea were construed accordingly.

(7) In this regulation:

“designated waters” means areas of sea above any of the areas for the time being designated under section 1(7) of the Continental Shelf Act 1964; and

“United Kingdom waters” has the meaning given by section 313(2)(a) of the Act.