Application
4.—(1) These Regulations shall apply to—
(a)a new United Kingdom passenger ship of Class A, B, C or D engaged on domestic voyages;
(b)a new non-United Kingdom passenger ship of Class A, B, C or D engaged on domestic voyages within the United Kingdom;
(c)an existing United Kingdom passenger ship of Class A, B, C or D of 24 metres or over in length which is described in column 1 of the table below, engaged on domestic voyages, from the date specified in relation to that description of ship in column 2 of that table; and
(d)an existing non-United Kingdom passenger ship of Class A, B, C or D of 24 metres or over in length which is described in column 1 of the table below, engaged on domestic voyages within the United Kingdom, from the date specified in relation to that description of ship in column 2 of that table.
| column 1 | column 2 |
|---|---|
| Date on which the keel of the ship was laid, or at a similar stage of construction | Date from which these Regulations apply |
| A ship the keel of which was laid, or at a similar stage of construction, before 1st January 1940 | 1st July 2006 |
| A ship the keel of which was laid, or at a similar stage of construction, on or after 1st January 1940 but before 31st December 1962 | 1st July 2007 |
| A ship the keel of which was laid, or at a similar stage of construction, on or after 31st December 1962 but before 31st December 1974 | 1st July 2008 |
| A ship the keel of which was laid, or at a similar stage of construction, on or after 31st December 1974 but before 31st December 1984 | 1st July 2009 |
| A ship the keel of which was laid, or at a similar stage of construction, on or after 31st December 1984 but before 1st July 1998 | 1st July 2010 |
(2) These Regulations shall not apply to—
(a)a ship of war or a troopship;
(b)a ship not propelled by mechanical means;
(c)a vessel which is not constructed in steel or equivalent material, and
(i)to which the Merchant Shipping (High-Speed Craft) Regulations 1996(1) do not apply, or
(ii)which is not a dynamically supported craft for the purposes of the Code of Safety for Dynamically Supported Craft adopted by the International Maritime Organisation by means of Resolution A.373(X) on 14th November 1977;
(d)a wooden ship of primitive build;
(e)an original historical passenger ship designed before 1965, or an individual replica of such a ship built predominately with the original materials;
(f)a pleasure yacht unless it is or will be crewed and carrying more than 12 passengers for commercial purposes;
(g)subject to paragraph (3) below, a high-speed passenger craft to which the Merchant Shipping (High-Speed Craft) Regulations 1996 apply; or
(h)a vessel exclusively engaged in port waters.
(3) Paragraph (2)(g) above shall not exclude from the application of these Regulations a passenger ship engaged on domestic voyages in sea areas of Class B, C or D when the displacement of that vessel corresponding to the design waterline is less than 500m3 and the maximum speed of that vessel, as defined in paragraph 1.4.30 of the International Code of Safety for High-Speed Craft adopted by the Maritime Safety Committee of the International Maritime Organisation by resolution MSC.36.(63) on 20th May 1994 is less than 20 knots.
(4) For the purposes of the application of these Regulations no account shall be taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled.
(5) Subject to paragraph (6) below, paragraph (7) below shall apply to repairs, alterations and modifications of a major character, and related outfitting, carried out to an existing passenger ship.
(6) Alterations made to an existing passenger ship which are intended solely to achieve a higher survivability standard shall not be regarded as modifications of a major character.
(7) Repairs, alterations and modifications referred to in paragraph (5) above shall comply with the safety requirements of the Directive which apply to a new passenger ship of the same Class and which are relevant to the repair, alteration or modification.
S.I. 1996/3188.