PART IINTERPRETATION AND APPLICATION

Application of these Regulations5.

(1)

These Regulations shall apply in every harbour and harbour area in Great Britain and to any premises or activities in any part of a harbour area in the territorial waters adjacent to Great Britain to which or in relation to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 197420 apply by virtue of Article 5 (but only in so far as it relates to monobuoys) and 7 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) order 197721, but not (except as provided in regulation 33) elsewhere.

(2)

These Regulations shall apply to or in relation to any dangerous substance except to–

(a)

petroleum-spirit, intended for use as a fuel for any internal combustion engine and not wholly or partly for the purpose of sale, in a receptacle which conforms to the requirements of either–

(i)

the Petroleum-spirit (Motor Vehicles, &c.) Regulations 192922, or

(ii)

the Petroleum-spirit (Plastic Containers) Regulations 198223,

and which does not exceed the quantity specified in those Regulations;

(b)

a dangerous substance used solely in connection with the operation of a vessel of less than 50 tons gross tonnage or a vehicle and carried in–

(i)

a tank forming part of or attached to that vehicle or vessel,

(ii)

the fuel tank of an outboard motor or in a battery, or

(iii)

fuel pipes associated with any of the above;

(c)

a dangerous substance when carried–

(i)

by a vessel as part of the stores of that vessel,

(ii)

by a vehicle or vessel or in a freight container as part of the equipment of that vehicle, vessel or freight container or for safety purposes,

(iii)

by a vessel as a result of the use of a fumigant;

(d)

a small quantity of a dangerous substance for the personal use of any person within the harbour or harbour area;

(e)

a dangerous substance which–

(i)

passes through a harbour or harbour area by land to or from a storage facility or a factory within the meaning of section 175, excluding sub-section (2)(n), of the Factories Act 196124 whether within or adjacent to the harbour or harbour area,

(ii)

is stored on land, or

(iii)

is within a factory as defined above,

other than a dangerous substance which is to be, or which has been, loaded on board or unloaded from a vessel within the harbour or harbour area or which is used ancillary to such loading or unloading;

(f)

a dangerous substance, other than an explosive, when carried by a harbour craft in the course of harbour engineering operations;

(g)

a nuclear explosive device or any component thereof.

(3)

Only regulation 16 shall apply to or in relation to a liquid petroleum fuel, other than petroleum-spirit, which is carried in a tank (and associated fuel pipes) which forms part of or is attached to, and which is used solely in connection with the operation of, a vessel.

(4)

The duties imposed by regulations 16, 17(1) and 18 shall not extend to–

(a)

the master or crew of a sea-going ship; or

(b)

the employer of such persons,

in relation to the normal ship board activities of a ship’s crew under the direction of the master.

(5)

These Regulations shall not prejudice–

(a)

any action of Her Majesty’s Commissioners of Customs and Excise or any requirement for approval of, authority from, clearance by or notification to, Her Majesty’s Commissioners of Customs and Excise or the necessity to comply with any order or conditions imposed by Her Majesty’s Commissioners of Customs and Excise;

(b)

any action duly taken by a person in pursuance of a direction given to him under section 12 of the Prevention of Oil Pollution Act 197125, or any action taken under subsection (4) or (5) of that section.