Interpretation2

• “the Act” means the Merchant Shipping Act 1995;

• “Chapter V” means Chapter V of the annex to the SOLAS Convention;

• “Contracting Government” means the Government of a State which has consented to be bound by the SOLAS Convention;

• “domestic voyage” means a voyage in sea areas from a port of a member State or EEA State to the same or another port of that member State or EEA State;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 M1;

• “EEA State” means a State which is a Contracting Party to the EEA Agreement;

• “international voyage” means a voyage from a country to which the SOLAS Convention applies to a port outside that country, or conversely;

• “existing ship” means a ship which is not a new ship;

• “IMO” means the International Maritime Organization;

• “length” in relation to a registered ship means registered length, and in relation to an unregistered ship means the length from the fore part of the stem to the aft side of the head of the stern post or, if no stern post is fitted to take the rudder, to the fore side of the rudder stock at the point where the rudder passes out of the hull;

• “MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport, Local Government and the Regions;

• “MCA’s 2002 SOLAS V publication” means the MCA publication entitled “Safety of Navigation, Implementing SOLAS Chapter V, 2002”, published May 2002, including its Annexes;

• “Merchant Shipping Notice” means a Notice described as such and issued by the MCA;

• “new ship” means a ship the keel of which is laid or which is at a similar stage of construction on or after 1 July 1998; and for the purposes of this definition, a “similar stage of construction” means the stage at which—

  1. a

     construction identifiable with a specific ship begins; and

  2. b

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

• “passenger ship” means a ship carrying more than 12 passengers, and for the purposes of this definition a passenger is every person other than:

  1. a

     the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship,

  2. b

     a child under one year of age, and

  3. c

     persons who are on board the ship by reason of force majeure or in consequence of the obligation laid upon the master to carry shipwrecked or other persons;

• “pleasure vessel” means—

  1. a

     any vessel which is—

     1. i

        wholly owned by an individual or individuals and used only for the sport or pleasure of the owner or the immediate family or friends of the owner, or

     2. ii

        owned by a body corporate and used only for sport or pleasure of employees or officers of the body corporate, or their immediate family or friends,

     and is on a voyage or excursion which is one for which the owner is not paid 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, or

  2. b

     any vessel which is wholly owned by or on behalf of a members’ 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 no payments other than those mentioned above are made by or on behalf of users of the vessel, other than by the owner, and in this definition, “immediate family” means, in relation to an individual, the husband or the wife of the individual, and a brother, sister, ancestor or lineal descendant of that individual or that individual’s husband or wife;

• “sea-going” means going beyond the limits of waters of categories A, B, C and D, as categorised in Annex 1 to the MCA’s 2002 SOLAS V publication;

• “the SOLAS Convention” means the International Convention for the Safety of Life at Sea, 1974 M2 as amended in accordance with its Protocol of 1988 M3 and the resolution of the Maritime Safety Committee of the IMO published by the IMO as Resolution MSC.99(73) of December 2000; and

• “tons” means gross tonnage and a reference to tons—

  1. a

     in relation to a ship having alternative gross tonnages under paragraph 13 of Schedule 5 of the Merchant Shipping (Tonnages) Regulations 1982 M4, permitted to be used pursuant to regulation 12(1) of the Merchant Shipping (Tonnages) Regulations 1997 M5, is a reference to the larger of those tonnages, and

  2. b

     in relation to a ship having its tonnage determined both under Part II and regulation 12(1) of those 1997 Regulations is a reference to its gross tonnage as determined under regulation 12(1).