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The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012
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- UK Statutory Instruments
- 2012 No. 1743
- Regulation 4
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4.—(1) These Regulations apply to all accidents involving or occurring on board—
(a)any United Kingdom ship, except that regulation 6 does not apply in relation to—
(i)a pleasure vessel;
(ii)a recreational craft which is hired on a bareboat basis; or
(iii)any other craft or boat, other than one carrying passengers, which is in commercial use in a harbour or on an inland waterway and is less than 8 metres overall in length unless, in the case of a craft or boat mentioned in sub-paragraphs (ii) or (iii), the accident involves any of the following—
(aa)explosion;
(bb)fire;
(cc)death;
(dd)serious injury;
(ee)capsize of a power-driven craft or boat; or
(ff)severe pollution; or
(b)any other ship within the United Kingdom or United Kingdom waters M1 save that regulations 6, 10(1), 10(2) or 10(3) only apply in relation to such a ship, to which these Regulations apply, if-
(i)it is within the jurisdiction of a harbour master or Queen's harbour master appointed or required to be appointed, under any enactment;
(ii)it is employed in carrying passengers to or from a port in the United Kingdom or a place mentioned in sub-paragraph (i); or
(iii)an inspector, or other person acting on behalf of the Chief Inspector, requires that any of the evidence mentioned in regulation 10(1) or 10(2) be preserved; or
[F1(c)any other ship, where the Chief Inspector considers the United Kingdom to be a Substantially Interested State.]
(2) A safety investigation may also be held under regulation 8 into an accident involving or occurring on board a ship which is not a United Kingdom ship and which at the time of the accident was not within the United Kingdom or United Kingdom waters , if the Secretary of State so determines.
(3) For the purpose of this regulation, “hired on a bareboat basis” means hired without a professional master, skipper or crew.
Textual Amendments
F1Reg. 4(1)(c) substituted (31.12.2020) by The Merchant Shipping (Accident Reporting and Investigation) and the Railways (Accident Investigation and Reporting) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1400), regs. 1, 4; 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M1As defined in section 313(2)(a) of the Act.
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