The Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001

Interpretation

2.  In these Regulations:

“audit” means a systematic and independent examination to determine whether a safety management system is suitable to meet the objectives set out in the Safety Management Code for Domestic Passenger Ships, and, so far as the system is being operated, that the system is being implemented effectively;

“authorised person” means a surveyor of ships or person authorised by the Secretary of State to carry out audits and inspections for the purpose of these Regulations;

“Category A, B, C or D waters” means the waters specified as such in Merchant Shipping Notice No. 1758(M), and cognate expressions shall be construed accordingly;

“company”, in relation to a ship, means the owner or any other organisation or person such as the operator, manager, or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner;

“Domestic Ship Safety Management Certificate” means a certificate issued by the Maritime and Coastguard Agency in accordance with these Regulations, and “valid Domestic Ship Safety Management Certificate” means such a certificate which has not expired, or ceased to be valid in accordance with regulation 6(3) (or which having so ceased to be valid has subsequently been endorsed as valid in accordance with regulation 6(4)), and which is not suspended in accordance with regulation 9(3);

“favourable weather” means fine, clear settled weather with a sea state such as to cause only moderate rolling and/or pitching;

“Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport, Local Government and the Regions;

“Merchant Shipping Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency, and includes a reference to any such document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time;

“passenger” means any person carried in a ship except—

(a)

a person employed or engaged in any capacity on board the ship on the business of the ship,

(b)

a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reasons of any circumstances that neither the master nor the company could have prevented, and

(c)

a child under one year of age;

“passenger certificate” means a certificate issued pursuant to regulation 11 of the Merchant Shipping (Survey and Certification) Regulations 1995(1)

“passenger ship” means a ship carrying more than 12 passengers and propelled by electricity or other mechanical power;

“restricted period” means a period falling wholly within the following limits;

(a)

from 1st April to 31st October, both dates inclusive, and

(b)

between one hour before sunrise and one hour after sunset in the case of ships fitted with navigation lights conforming to the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996(2) and between sunrise and sunset in the case of any other ships;

“Safety Management Code for Domestic Passenger Ships” means the Safety Management Code for Small Vessels set out in Merchant Shipping Notice No. 1754(M);

“safety management system” means a structured and documented system enabling the company’s personnel effectively to implement the company’s safety and environmental protection policy;

“sea” does not include any waters of Category A, B, C or D;

“voyage” includes an excursion.

(1)

S.I. 1995/1210, amended by S.I. 1996/2418, S.I. 2000/1334 and S.I. 2000/2687.

(2)

S.I. 1996/75.