The Merchant Shipping (Safety of Navigation) Regulations 2020

Application U.K.

3.—(1) Subject to paragraphs (2) and (3), these Regulations apply to—

(a) United Kingdom ships, wherever they may be; and

(b) non-United Kingdom ships while they are within United Kingdom waters.

(2) These Regulations do not apply to—

(a) ships of war and naval auxiliaries;

(b) ships owned or operated by a State and engaged only on governmental non-commercial service;

(c) ships solely navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the St. Lambert Lock at Montreal in the Province of Quebec, Canada;

(d) ships to which the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000(1) apply;

(e) ships to which the Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010(2) apply;

(f) vessels to which the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010(3) apply.

(3) A non-United Kingdom ship flying the flag of a State which is not a party to the Convention is not subject to these Regulations if it would not have been in United Kingdom waters but for stress of weather or any other circumstances which neither the master nor the owner or the charterer could have prevented.

(4) Where persons are on board a ship as a consequence of—

(a) the circumstances described in paragraph (3); or

(b) an obligation laid upon the master to carry shipwrecked or other persons(4),

those persons are not to be taken into account for the purpose of determining the application to that ship of any provision of these Regulations.

(5) For the purposes of this regulation, “non-United Kingdom ship” means any ship other than a United Kingdom ship.

Commencement Information

I1 Reg. 3 in force at 31.7.2020, see reg. 1(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 and 2018/1221 (which contains prospective amendments).

(2)

S.I. 2010/680, amended by S.I. 2010/1075, 2011/3056 and 2018/1104.

(3)

S.I. 2010/1075, amended by S.I. 2018/53, 2019/160, 2019/808 (which contains prospective amendments) and 2020/58.

(4)

Regulation 33 in Chapter V places an obligation on the master to provide assistance to persons in distress at sea and this obligation is implemented in these Regulations.