The Merchant Shipping (Amendments to Reporting Requirements) Regulations 2005

Amendments to the 1995 Regulations

4.—(1) For regulation 3 of the 1995 Regulations there shall be substituted the following—

“3.— (1) Subject to the provisions of this regulation, these Regulations apply to United Kingdom ships wherever they may be and to other ships while they are within the United Kingdom or in specified waters.

(2) Unless otherwise stated, these Regulations do not apply to ships of 300 gross tonnage or more.

(3) These Regulations do not apply to warships and other ships for the time being used by the government of any State for non-commercial purposes.

(4) Regulations 9 to 11 also apply to the following ships of 300 gross tonnage or more—

(a) fishing vessels;

(b) traditional ships; and

(c) recreational craft having a length of less than 45 metres.

(5) Regulations 9 to 11 also apply, in relation to a ship, to bunkers of less than 5,000 tonnes for use on board that ship.

(6) Regulations 9 to 11 apply to any fixed or floating installation on location in controlled waters, and when applying regulations 9 to 11 to those installations references—

(a) to a ship shall be taken to include a reference to an installation;

(b) to a master of a ship shall be taken to include references to an installation manager; and

(c) to an operator of a ship shall be taken to include references to an owner of an installation.

(7) These Regulations, other than regulations 9 to 11, apply to any fixed or floating installation other than an installation on location in controlled waters as they would apply if that installation were a ship.

(8) Regulations 9 to 11 also apply to a ship irrespective of size which—

(a) is not a United Kingdom ship;

(b) is outside the United Kingdom and the controlled waters; and

(c) is involved in an incident or circumstances at sea mentioned in paragraph (1)(e) of regulation 9.

(9) For the purposes of regulation 5, in relation to a ship, bunkers, stores and equipment for use on board that ship shall not be regarded as dangerous goods or harmful substances in packaged form.

(10) In this regulation—

(a) “length” in relation to a recreational craft, means either—

(i) 96% of the total length of the craft on a waterline at 85% of the least moulded depth measured from the keel line; or

(ii) the length from the foreside of the stem to the axis of the rudder stock on that waterline,

whichever is the greater, and where the craft in question is designed with rake of keel, the waterline on which the lengths referred to in (i) and (ii) are measured shall be parallel to the designed waterline;

(b) “controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 1996(1) as areas within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea(2) for the protection and preservation of the marine environment;

(c) “specified waters” means the territorial waters of the United Kingdom, except in relation to pollution events when it shall mean the territorial waters of the United Kingdom and controlled waters.”.

(1)

S.I. 1996/2128 as amended by S.I. 1997/506.

(2)

Cmnd 8941