The Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998

Application U.K.

3.—(1) Subject to paragraphs (2) to (6) below [F1 and to regulation 5(1) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 (which relates to passenger ships of Class II(A) which are 24 metres or over in length and are existing ships, engaged on domestic voyages, for the purposes of those Regulations)], [F2 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)].

(2) These Regulations apply to United Kingdom ships wherever they may be, and to other ships whilst they are in United Kingdom waters.

(3) (a) Regulations 22, 24 to 26, 31(2) and (3), 34(b), 35, 36 and 43(2) shall not apply to ships which are not United Kingdom ships; and

(b) any requirement that ships comply with Section 4 of Schedule 4 in Merchant Shipping Notice MSN 1698 (M) shall not apply to passenger ships constructed on or after 1st September 1984 which are not United Kingdom ships; but such ships shall comply instead with Section 3 of Schedule 4 in Merchant Shipping Notice MSN 1698 (M).

[F3 (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 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.]

(5) No account shall be taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled.

(6) Part IV of these Regulations applies only to—

(a) United Kingdom ro-ro passenger ships; and

(b) non-United Kingdom ro-ro passenger ships with the exception of—

(i) regulation 31(2) and (3);

(ii) regulation 34(b) to the extent that it relates to regulation 31(2); and

(iii) regulation 35(1) and (2) to the extent that it relates to any berth which is not situated within a port in the United Kingdom.

(7) Where any requirement relates to a ship constructed on or after a certain date, then to the extent that the Secretary of State deems reasonable and practical that requirement shall apply in respect of any major repair, alteration or modification carried out on or after that date to a United Kingdom ship constructed before that date.

Textual Amendments

F1 Words in reg. 3(1) inserted (23.10.2000) by The Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 (S.I. 2000/2687), reg. 1, Sch. para. 1(3)

F2 Words in reg. 3(1) substituted (29.3.2023) by The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023 (S.I. 2023/246), reg. 1(1), Sch. para. 5(a)

F3 Reg. 3(4)(4A) substituted for reg. 3(4) (29.3.2023) by The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023 (S.I. 2023/246), reg. 1(1), Sch. para. 5(b)

Commencement Information

I1 Reg. 3 in force at 12.11.1998, see reg. 1(1)