The Merchant Shipping (Musters, Training and Decision Support Systems) Regulations 1999

Interpretation

2.—(1) In these Regulations–

“the 1999 Regulations” means the Merchant Shipping (Life-Saving Appliances for Ships other than Classes III to VI(A)) Regulations 1999(1);

“first periodical survey” means the periodical survey required by regulation 4 or 5 of the Merchant Shipping (Survey and Certification) Regulations 1995(2);

“fishing vessel” includes a fishery research vessel;

“international voyage” means a voyage from a country to which the International Convention for the Safety of Life at Sea, 1974(3) applies, to a port outside that country or conversely;

“Marine Evacuation System” means an appliance designed to rapidly transfer large numbers of persons from an embarkation station to survival craft (e.g. inflatable liferaft) consisting of an escape passage which may be either a vertical shute or an inflatable slide leading into associated survival craft directly or via an inflatable floating platform;

“Marine Guidance Note” means a Note described as such and issued by the Maritime and Coastguard Agency, and any reference to a particular Marine Guidance Note includes a reference to any such document amending or replacing that Note which is considered by the Secretary of State to be relevant from time to time;

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

“Merchant Shipping Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency, and any reference to a particular Merchant Shipping Notice includes a reference to any such document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time;

“pleasure vessel” means

(a)

a vessel which at the time it is being used is–

(i)

(aa)

in the case of a vessel wholly owned by an individual or individuals used only for the sport or pleasure of the owner or the immediate family or friends of the owner, or

(bb)

in the case of a vessel owned by a body corporate used only for sport or pleasure, and on which the persons are employees or officers of the body corporate or their immediate family or friends, and

(ii)

on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion;

(b)

any vessel wholly owned by or on behalf of a member’s club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family; and for the use of which any charges levied are paid into club funds and applied for the general use of the club; and

(c)

in the case of any vessel referred to in paragraphs (a) or (b) above no other payments are made by or on behalf of users of the vessel, other than by the owner.

In this definition “immediate family” means in relation to an individual, the husband or wife of the individual, and a relative of the individual or the individual’s husband or wife, and “relative” means brother, sister, ancestor or lineal descendant.

“ro-ro passenger ship” means a ship certified to carry more than 12 passengers which is provided with cargo or vehicle spaces not normally subdivided in any way and extending to either a substantial length or the entire length of the ship in which cargo or vehicles can be loaded or unloaded in a horizontal direction;

“short international voyage” means–

(a)

subject to paragraph (b) below, an international voyage–

(i)

in the course of which a ship is not more than 200 miles from a port or place in which the passengers (if any) and crew could be placed in safety; and

(ii)

which does not exceed 600 nautical miles in distance between the last port of call in the country in which this voyage begins and the final port of destination;

(b)

for the purpose of this definition no account shall be taken of any deviation by a ship from the intended voyage due solely to the stress of weather or any other circumstances that neither the master, owner nor charterer (if any) of the ship could have prevented or forestalled;

“similar stage of construction” means a stage at which–

(a)

construction identifiable with a specific ship begins; and

(b)

assembly of that ship, comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is the less, has commenced;

“tons” means gross tons and a reference to tons–

(a)

in relation to a ship having alternative gross tonnages under paragraph 13 of Schedule 5 to the Merchant Shipping (Tonnage) Regulations 1982(4) permitted to be used pursuant to regulation 12(1) of the Merchant Shipping (Tonnage) Regulations 1997(5) is a reference to the larger of those two tonnages; and

(b)

in relation to a ship having its gross tonnage determined both under Part II and regulation 12(2) of those Regulations is a reference to its gross tonnage as determined under regulation 12(2);

(2) 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.

(3) For the purposes of these Regulations the ships to which these Regulations apply shall be arranged in the same classes in which ships are arranged for the purposes of the 1999 Regulations and the Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 1999(6) and any reference in these Regulations to a ship of any class shall be construed accordingly.

(4) Any approval 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)

S.I. 1999/2721.

(2)

S.I. 1995/1210, to which there are amendments not relevant to these Regulations.

(3)

Cmnd. 7874.

(4)

S.I. 1982/841: these Regulations have been revoked by S.I. 1997/1510 but the Secretary of State may permit certain ships to continue to use the gross tonnage additionally ascertained under Schedule 5 thereto, see regulation 12.

(5)

S.I. 1997/1510.

(6)

S.I. 1999/2723.