The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023

Regulation 2

SCHEDULE

PART 1 Amendments to the Merchant Shipping (Cargo Ship Construction) Regulations 1997

1.  The Merchant Shipping (Cargo Ship Construction) Regulations 1997 are amended as follows.

2.  For regulation 4 (application), substitute—

“4.— (1) Subject to paragraph (2), these Regulations apply to—

(a) United Kingdom cargo ships, wherever they may be;

(b) non-United Kingdom cargo ships while they are within United Kingdom waters.

(2) These regulations do not apply to—

(a) ships to which the Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023(1) apply;

(b) ships of war or naval auxiliary ships;

(c) ships owned or operated by a State and engaged only on governmental non-commercial service;

(d) ships engaged on an international voyage;

(f) ships not propelled by mechanical means;

(g) cargo ships of less than 500 tons;

(h) pleasure vessels;

(i) fishing vessels;

(j) craft to which the Merchant Shipping (High Speed Craft) Regulations 2022(2) apply.

(3) A non-United Kingdom ship is not subject to the requirements of these Regulations if it would not have been in United Kingdom waters but for stress of weather or any other circumstances which the master, owner or charterer could not have prevented.

(4) Where persons are on board a ship as a consequence of—

(a) the circumstances described in paragraph (3); or

(b) an obligation laid upon the master to carry shipwrecked or other persons,

those persons are not to be taken into account for the purpose of determining the application to that ship of any provision of these Regulations.

(5) A United Kingdom ship which undergoes repairs, alterations, or modifications of a major character must meet the requirements applying to a ship constructed at that time in so far as the Secretary of State considers reasonable and practicable.

(6) In this regulation, “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 country other than the United Kingdom and a port in any other country or territory which is outside the United Kingdom.”.

PART 2 Amendments to the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998

3.  The Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998(3) are amended as follows.

4.  In regulation 2—

(a) in paragraph (2)—

(i) after the definition of “bulkhead deck” insert—

““category A, B, C or D waters” means waters specified as such in Merchant Shipping Notice 1837(M) Amendment 2(4);”;

(ii) after the definition of “independent power pump” insert ““international voyage” means a voyage between a port in the United Kingdom and a port outside the United Kingdom;”;

(b) for paragraph (6) substitute—

“(6) For the purposes of these Regulations, passenger ships in Class II(A) are ships engaged on voyages of any kind other than international voyages, which are not—

(a) ships of Classes III to VI(A) as defined in the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998(5); or

(b) ships of Classes A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000(6) which are new ships, engaged on domestic voyages, for the purposes of those Regulations.”.

5.  In regulation 3 (application)—

(a) in paragraph (1), for “these Regulations apply to passenger ships of Classes I, II and II(A)” substitute—

“these Regulations apply to—

(a) passenger ships engaged on an international voyage, to the extent prescribed in paragraph (4A); and

(b) passenger ships of Class II(A)”;

(b) for paragraph (4) substitute—

“(4) Subject to paragraph (4A), these regulations do not apply to—

(a) ships to which the Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023 apply;

(b) ships of war and naval auxiliary ships;

(c) ships owned or operated by a State and engaged only on governmental non-commercial service;

(d) ships operating only in category A, B, C or D waters;

(e) ships not propelled by mechanical means;

(f) fishing vessels;

(g) craft to which the Merchant Shipping (High Speed Craft) Regulations 2022(7) apply.

(4A) Subject to paragraph (3)(a), regulations 22(1), (3) and (7), 26(a), (b) and (c), 28(1), 29, 31, 32(2), 33 and 34 apply to passenger ships engaged on an international voyage.”.

6.  In regulation 4 (exemptions for certain classes of ships and individual ships)—

(a) in paragraph (b), omit “II or”;

(b) omit paragraph (e).

7.  In regulation 11(2) (double bottoms), omit “II or”.

8.  In regulation 41 (automatic draught gauge system)—

(a) omit paragraph (1);

(b) in paragraph (2), omit “I or” in both places it occurs.

9.  In regulation 43 (calculation of stability prior to departure), omit paragraph (2).

PART 3 Amendments to other instruments

The Merchant Shipping (Tonnage) Regulations 1997

10.  In the Merchant Shipping (Tonnage) Regulations 1997(8)—

(a) in regulation 2(1) (definitions), in the definition of “moulded draught”, for “or the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998” substitute “, the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 or the Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023”;

(b) in regulation 11(2) (change of net tonnage necessitating issue of certificate), for “or the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998” substitute “, the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 or the Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023”.

The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998

11.  In Schedule 1 (large vessels) to the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998(9)—

(a) in respect of the first entry (The Merchant Shipping (Cargo Ship Construction) Regulations 1997), in the third column, after “2005/2114” insert “2023/246”;

(b) at the end insert—

(i) in the first column, “The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023”;

(ii) in the second column, “2023/246”;

(iii) in the third column, “None”.

The Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations 1999

12.  In the Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations 1999(10)—

(a) in regulation 5(1)(a), for “in the case of a passenger ship of Class II or II(A)” substitute “in the case of a passenger ship engaged on a short international voyage or a passenger ship of Class II(A)”;

(b) after regulation 5(7) add—

“(8) In this regulation—

“short international voyage” means an international voyage—

(a)

in the course of which a passenger ship is not more than 200 miles from a port or place in which the passengers and crew could be placed in safety; and

(b)

which does not exceed 600 miles in distance between the last port of call in the country in which the voyage begins and the final port of destination.”.

The Merchant Shipping (Fees) Regulations 2018

13.  In the table in paragraph 5 of Part 1 of Schedule 1 (fees under the Merchant Shipping Act 1995) to the Merchant Shipping (Fees) Regulations 2018(11) under heading I (Construction and Equipment)—

(a) in respect of the entry for the Merchant Shipping (Cargo Ship Construction) Regulations 1997(12), in the third column, after “2005/2114” insert “2023/246”;

(b) in respect of the entry for the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998, in the third column, after “2004/2884” insert “2023/246”;

(c) in respect of the entry for the Merchant Shipping (Nuclear Ships) Regulations 2022, in the third column, for “None” substitute “2023/246”;

(d) at the end insert—

(i) in the first column, “The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023”;

(ii) in the second column, “2023/246”;

(iii) in the third column, “None”.

(1)

S.I. 2023/246.

(2)

S.I. 2022/1219.

(3)

S.I. 1998/2514, amended by S.I. 2000/2687, 2001/1638, 2002/1650, 2004/302, 2004/2884 and 2018/1221.

(4)

Merchant Shipping Notice 1837 (M) Amendment 2 is available on https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/855605/msn_1837_-amendment2_june_2017.pdf and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(5)

S.I. 1998/2515, amended by S.I. 2000/2687; there are other amending instruments but none is relevant.

(6)

S.I. 2000/2687, amended by S.I. 2004/302, 2010/680, 2010/1075, 2012/2636, 2018/1221 and 2020/1222; there are other amending instruments but none is relevant.

(7)

S.I. 2022/1219.

(8)

S.I. 1997/1510, amended by S.I. 1998/1916, 1999/3206 and 2020/362; there are other amending instruments but none is relevant.

(9)

S.I. 1998/2771, amended by S.I. 2016/353, 2018/242 and 2020/673; there are other amending instruments but none is relevant.

(10)

S.I. 1999/1869, to which there are amendments not relevant to these Regulations.

(11)

S.I. 2018/1104, to which there are amendments not relevant to these Regulations.

(12)

S.I. 1997/1509, amended by S.I. 1997/2971, 1999/643, 2004/302, 2004/2151, 2005/2114 and 2018/1221.