The Merchant Shipping (Marine Equipment) Regulations 1999

Interpretation

2.—(1) In these Regulations–

“applicable international standards” means the requirements of the relevant international convention which the equipment must satisfy, as specified in Merchant Shipping Notice MSN 1734;

“the Directive” means Council Directive 96/98/EC on Marine Equipment(1);

“EC declaration of conformity to type procedure” means the procedure specified in regulation 13 below;

“EC design-examination certificate” means the certificate issued by a notified body in respect of equipment pursuant to regulation 17(7) below;

“EC full quality assurance procedure” means the procedure specified in regulation 17 below;

“EC production quality assurance procedure” means the procedure specified in regulation 14 below;

“EC product quality assurance procedure” means the procedure specified in regulation 14 below;

“EC product verification procedure” means the procedure specified in regulation 15 below;

“EC type-examination certificate” means the certificate issued by the notified body in respect of equipment pursuant to regulation 12(5) below;

“EC type-examination procedure” means the procedure specified in regulation 12 below;

“EC unit verification conformity-assessment procedure” means the procedure specified in regulation 16 below;

“international voyage” means a voyage from a port in one country to a port in another country, either of the countries being a country to which the 1974 International Convention for the Safety of Life at Sea(2) applies;

“mark of conformity” means the mark referred to in regulation 18 below;

“Maritime and Coastguard Agency” means the executive agency so named of the Department of the Environment, Transport and the Regions;

“Merchant Shipping Notice” means a notice described as such and issued by the Secretary of State; and any reference to a particular Merchant Shipping Notice includes a reference to any such document amending or replacing that notice;

“notified body” means a body designated by the Secretary of State under regulation 5 below as a notified body for the purposes of these Regulations;

“relevant international conventions” means–

(i)

the 1966 International Convention on Load Lines(3);

(ii)

the 1972 Convention on the International Regulations for Preventing Collisions at Sea(4);

(iii)

the 1973 International Convention for the Prevention of Pollution from Ships(5);

(iv)

the 1974 International Convention for the Safety of Life at Sea, including their Protocols, annexes and amendments thereto as at 1st January 1999;

“scheduled service” means an advertised service at specified intervals along specified routes.

(2) Unless given a different meaning in these Regulations, words and expressions specifically given a meaning by article 2 of the Directive shall have that meaning in these Regulations.

(3) For the purposes of these Regulations ships shall be arranged in Classes as defined in the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998(6).

(4) Where a ship is managed by a person other than the owner (whether on behalf of the owner, of some other person or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.

(5) Any approval, direction, prohibition or restriction given pursuant to these Regulations shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.

(1)

O.J. No. L46, 17.2.97, p. 26, as amended by Commission Directive 98/85/EC, O.J. No. L315, 25.11.98, p. 14.

(2)

Cmnd. 7874.

(3)

Cmnd. 3708.

(4)

The international Regulations are set out in Merchant Shipping Notice No. 1642/COL REG 1.

(5)

Cmnd. 5748 and Cmnd. 7347.

(6)

S.I. 1998/1012 amended by S.I. 1999/992.