Interpretation2
1
In these Regulations:
“accoustic signal” means a coded sound signal which is released and transmitted by a device designed for that purpose, without the use of a human or artificial voice;
“the Act” means the Merchant Shipping Act 1995;
“contract of employment” means a contract of employment, whether express or implied, and if express, whether oral or in writing;
“dangerous goods” means goods classified as such in the IMDG Code, in Chapter 19 of the IGC Code or in Chapter 17 of the IBC Code;
“the Directive” means Council Directive 92/58/EECM1 on the minimum requirements for the provision of safety and/or health signs at work;
“employer” means a person by whom a worker is employed under a contract of employment;
“fire safety sign” means a sign (including an illuminated sign or an acoustic signal) which—
- a
provides information on escape routes and emergency exits in case of fire;
- b
provides information on the identification or location of fire-fighting equipment; or
- c
gives warning in case of fire;
- a
“General Duties Regulations” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 M2;
“hand signal” means a movement or position of the arms or hands or a combination thereof, in coded form, for guiding persons who are carrying out manoeuvres which create a risk to the health or safety of persons at work;
“health and safety” includes the occupational health and safety of persons whilst on board the ship and whilst boarding or leaving the ship;
“IBC Code” means the 1998 edition of the IMO International Code for Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;
“IGC Code” means the 1993 edition of the IMO International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;
“illuminated sign” means a sign produced by a device made of transparent or translucent materials which are illuminated from the inside or the rear in such a way as to give the appearance of a luminous surface;
“IMDG Code” means the 2000 edition of the IMO International Maritime Dangerous Goods Code;
“IMO” means the International Maritime Organization;
“in bulk” means directly and without intermediate form of containment in a hold, tank or cargo space which is a structural part of or permanently attached to a ship;
“mandatory sign” means a sign prescribing specific behaviour;
“MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport, Local Government and the Regions;
“Merchant Shipping Notice” means a Notice described as such and issued by the Secretary of State;
“prohibition sign” means a sign prohibiting behaviour likely to cause a risk to health or safety;
“public service vessel” means any vessel operated by and on behalf of a public body while it is carrying out the authorised functions of that body;
“relevant inspector” means a person mentioned in paragraphs (a), (b) or (c) of section 258(1) of the Act;
“safety colour” means a colour to which a specific meaning is assigned in Annex 1 of the Directive;
“safety sign” means a sign referring to a specific object, activity or situation and providing information or instructions about health or safety at work by means of a signboard, a safety colour, an illuminated sign or acoustic signal, a verbal communication or a hand signal, as the case may be;
“sail training vessel” means a sailing vessel which is being used either:
- a
to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or
- b
to provide instruction in navigation and seamanship for yachtsmen,
and is operating under a statutory code;
- a
“signboard” means a sign which provides information or instructions by a combination of geometric shape, colour and a symbol or pictogram and which is rendered visible by lighting of sufficient intensity;
“statutory code” means—
The Code of Practice for the Safety of Small Commercial Sailing Vessels M3;
The Code of Practice for the Safety of Large Commercial Sailing and Motor Vessels M4;
The Code of Practice for the Safety of Small Commercial Motor Vessels M5; or
The Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Points M6;
“symbol or pictogram” means a figure which describes a situation or prescribes specific behaviour and which is used on a signboard or illuminated surface;
“trainees and apprentices” does not include persons who are training in a sail training vessel;
“United Kingdom ship” means a ship which—
- a
is a United Kingdom ship within the meaning of section 85(2) of the Act;
- b
is a Government ship within the meaning of section 308(4) of the Act; or
- c
is a hovercraft registered under the Hovercraft Act 1968 M7;
- a
“verbal communication” means a predetermined spoken message communicated by a human or artificial voice;
“warning sign” means a sign giving warning of a hazard or danger;
“worker” means any person employed by an employer under a contract of employment, including trainees or apprentices.
2
Any reference in these Regulations to a sign providing instructions includes a mandatory sign, a prohibition sign and a warning sign.
3
Any reference in these Regulations to the IBC Code, the IGC Code or the IMDG Code shall include a reference to any document amending that publication which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.