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

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(1) 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(2);”;

(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(3); or

(b) ships of Classes A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000(4) 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(5) 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).

(1)

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

(2)

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]).

(3)

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

(4)

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.

(5)

S.I. 2022/1219.