The Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2020

Amendment of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 U.K.

2.—(1) The Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) for the definition of “the Directive”, substitute—

““the Directive” means Directive 2009/45/EC of the European Parliament and of the Council of 6th May 2009 on safety rules and standards for passenger ships(2);”;

(b) in the definition of “domestic voyage”, after “sea areas”, insert “ or sea routes”;

(c) in the definition of “Maritime and Coastguard Agency”, for “of the Environment, Transport and the Regions” substitute “for Transport”;

(d) in the definition of “port waters”, for “Merchant Shipping Notice No M 1719(M)” substitute “Merchant Shipping Notice 1837(M) Amendment 2”;

(e) in the definition of “sea areas”, for “3(2)” substitute “3A(2)”;

(f) at the end of the definition of “sea areas”, insert—

• “;

“United Kingdom passenger ship” means a passenger ship which is a United Kingdom ship”.

(3) In regulation 2(2A)(c) (interpretation), for “Note” substitute “Notice”.

(4) For regulation 3 (classification of ships), substitute—

“Classification of ships

3.   For purposes of these Regulations passenger ships engaged on domestic voyages shall be arranged in classes as follows—

(a) Class A ships, being ships engaged solely on domestic voyages in Areas A, B, C and D as defined in regulation 3A(1);

(b) Class B ships, being ships engaged solely on domestic voyages in Areas B, C and D as defined in regulation 3A(1);

(c) Class C ships, being ships engaged solely on domestic voyages in Areas C and D as defined in regulation 3A(1); and

(d) Class D ships, being ships engaged solely on domestic voyages in Area D as defined in regulation 3A(1).

Categorisation of sea areas

3A.— (1)  For purposes of these Regulations sea areas are categorised as follows—

(a) Area A is a sea area other than Areas B, C and D;

(b) Area B is a sea area other than Areas A, C and D, the geographical coordinates of which are at no point more than 20 miles from the line of the coast, corresponding to the medium tide height;

(c) Area C is a sea area other than Areas A, B and D, where the probability of significant wave heights exceeding 2.5 metres is less than 10% over a period of one year for all year round operation, or over a specific restricted period of the year for operation exclusively in such period, and the geographical coordinates of which are at any point no more than 5 miles from the line of the coast, corresponding to the medium tide height;

(d) Area D is a sea area other than Areas A, B and C, where the probability of significant wave heights exceeding 1.5 metres is less than 10% over a period of one year for all year round operation, or over a specific restricted period of the year for operation exclusively in such period, and the geographical coordinates of which are at any point no more than 3 miles from the line of the coast, corresponding to the medium tide height.

(2) For the purposes of the categorisation of sea areas in accordance with the criteria set out in paragraph (1), the Secretary of State shall—

(a) maintain and update when necessary Merchant Shipping Notice 1747(M), containing a list of sea areas under United Kingdom jurisdiction which includes the limits of the inner border of the sea areas closest to the lines of the coast and the limits of zones for all year round operation and, where appropriate, for periodical operation; and

(b) publish that Merchant Shipping Notice in its updated version and in a public database available on the Internet site of the Maritime and Coastguard Agency.”.

(5) In regulation 4 (application)—

(a) for paragraph (1), substitute—

“(1) These Regulations apply to—

(a) United Kingdom passenger ships of Class A, B, C or D of 24 metres or over in length, engaged on domestic voyages; and

(b) non-United Kingdom passenger ships of Class A, B, C or D of 24 metres or over in length, engaged on domestic voyages while they are within United Kingdom waters.”;

(b) in paragraph (2)—

(i) after sub-paragraph (b), insert—

“(ba) a sailing ship;”;

(ii) for sub-paragraph (e), substitute—

“(e) a traditional ship;”;

(iii) for sub-paragraph (f), substitute—

“(f) a pleasure yacht or pleasure craft;”;

(iv) at the end of sub-paragraph (j), insert—

“;

(k) an offshore service craft;

(l) an offshore service ship;

(m) a tender”.

(6) In regulation 5(1) (application and amendment of existing Regulations)—

(a) for the words before sub-paragraph (a), substitute—

“In relation to a passenger ship the keel of which was laid before 1st July 1998, the following Regulations do not apply—”;

(b) omit sub-paragraph (i).

(7) In regulation 6 (safety requirements)—

(a) in paragraph (1), omit “Subject to paragraph (1B) below, ”;

(b) omit paragraphs (1A) and (1B);

(c) in paragraph (2)—

(i) omit “ or (1A)”;

(ii) for “ No M 1672”, substitute “1672 (M + F) Amendment 3”.

(8) In regulation 7C (safety requirements for persons with reduced mobility), omit sub-paragraph (b).

Commencement Information

I1 Reg. 2 in force at 1.1.2021, see reg. 1

(1)

S.I. 2000/2687, amended by S.I. 2002/1473, 2003/771, 2004/302, 2004/2883, 2010/680, 2010/1075, 2012/2636, 2018/53, 2020/501 and prospectively amended by S.I. 2018/1221.

(2)

OJ L 163, 25.6.2009, p. 1, as amended by Commission Directive 2010/36/EU dated 1 June 2010 (OJ L 162, 29.6.2010, p. 1), Commission Directive (EU) 2016/844 dated 27 May 2016 (OJ L 141, 28.5.2016, p. 51) and Directive (EU) 2017/2108 of the European Parliament and of the Council dated 15 November 2017 (OJ L 315, 30.11.2017, p. 40).