In these Regulations –

• “enclosed passenger deck” means any passenger deck which is, or may be, enclosed by fixed or moveable screens, but does not include a passenger deck which –

  1. i

     is fitted with a canopy, and

  2. ii

     has no means, either temporary or permanent, for side or end screens to be fitted to the deck,

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

• “favourable weather” means fine, clear settled weather with a sea state such as to cause only moderate rolling and/or pitching,

• “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,

• “Merchant Shipping Notice” means a Merchant Shipping Notice issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport), and any reference to a particular Merchant Shipping Notice includes a reference to any such document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time,

• “new ship” means a ship the keel of which is laid, or which is at a similar stage of construction, on or after 31st October 1992, and for the purposes of this definition “similar stage of construction” means the stage at which –

  1. i

     construction identifiable with a particular ship begins, and

  2. ii

     assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material whichever is the less,

• “open passenger deck” means a passenger deck which is not an enclosed passenger deck,

• “passenger” means every person other than –

  1. i

     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. ii

     a child under one year of age, and

  3. iii

     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,

• “passenger deck” means any deck space to which passengers have access,

• “passenger ship” means a ship carrying more than 12 passengers,

• “restricted period” means a period falling wholly within the following limits-

  1. i

     from the 1st April to 31st October, both dates inclusive, and

  2. ii

     between one hour before sunrise and one hour after sunset in the case of ships fitted with navigation lights conforming to the collision regulations and between sunrise and sunset in the case of any other ship,

• “tidal waters” means United Kingdom waters which are –

  1. i

     any part of the sea, and

  2. ii

     any part of a river within the ebb and flow of the tide at ordinary spring tides,

• “visibility” means visibility over a horizontal arc, and “all-round visibility” means visibility over an arc of 360 degrees,

• “voyage” includes an excursion.