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4.—(1) Subject to paragraph (4), a ro-ro passenger ship which is a new ship shall comply with the stability requirements specified in Merchant Shipping Notice 1790 which are the requirements of Article 4 of and Annex I to the Directive, taking into account in such compliance the guidelines set out in Annex II of the Directive in so far as this is practicable and compatible with the design of that ship.
(2) On and after 1st October 2010 a ro-ro passenger ship which is an existing ship, other than a ship which:
(a)operates exclusively in one or more sea areas where the significant wave height is equal to or lower than 1.5 metres, or
(b)on 17th May 2003 complied with the requirements of Regulation II-1/B8 of the SOLAS Convention,
shall comply with the stability requirements specified in Merchant Shipping Notice 1790 which are the requirements of Article 4 of and Annex I to the Directive, taking into account in such compliance the guidelines set out in Annex II of the Directive in so far as this is practicable and compatible with the design of that ship.
(3) On and after 1st October 2015 a ro-ro passenger ship which is an existing ship other than a ship:
(a)which operates exclusively in one or more sea areas where the significant wave height is equal to or lower than 1.5 metres, or
(b)to which paragraph (2) above applies,
shall comply with the stability requirements specified in Merchant Shipping Notice 1790 which are the requirements of Article 4 of and Annex I to the Directive, taking into account in such compliance the guidelines set out in Annex II of the Directive in so far as this is practicable and compatible with the design of that ship.
(4) A ro-ro passenger ship which operates exclusively in one or more sea areas where the significant wave height is equal to or lower than 1.5 metres shall comply with the stability requirements of Merchant Shipping Notice 1698 which are the requirements of Regulation II-I/B/8 of the SOLAS Convention.
(5) A ro-ro passenger ship required to comply with stability requirements in accordance with paragraphs (1) to (4) shall alternatively or additionally (as the case may be) comply with such requirements, applying to a ship of its description, which:
(a)relate to amendments from time to time of Article 4 of or Annex I to the Directive or of Regulation II-I/B/8 of the SOLAS Convention,
(b)are specified in a Merchant Shipping Notice amending or replacing Merchant Shipping Notice 1790 or Merchant Shipping Notice 1698 which is considered by the Secretary of State to be relevant from time to time, and
(c)relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995.
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