The Merchant Shipping (Port State Control) Regulations 2011

Interpretation of Part 1 U.K.

2.—(1) In Part 1 of these Regulations—

“the Act” means the Merchant Shipping Act 1995;

“British ship” has the meaning given by section 1 of the Act;

“the Commission” means the Commission of the European Union;

“Conventions” means—

(a)

the International Convention on Load Lines, 1966 (LL 66);

(b)

[F1 the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74);

(c)

the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997 relating thereto (MARPOL);]

(d)

the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW 78/95);

(e)

the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG 72);

(f)

the International Convention on Tonnage Measurement of Ships, 1969 (ITC 69);

(g)

the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO No 147); and

(h)

the International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC 92);

together with the Protocols and amendments to these Conventions and related Codes of mandatory status, in force at 27th October 2011, and thereafter in their up-to-date versions in so far as those versions:

(a)

relate to all or any of the purposes set out in section 85(1) of the Act;

(b)

are considered by the Secretary of State to be relevant from time to time; and

(c)

are specified in a Merchant Shipping Notice;

and a reference to a Convention is a reference to any of the Conventions;

“Convention enactments” means—

(a)

the Act; and

(b)

statutory instruments made under the Act (including statutory instruments made under an order made under the Act) which implement the Conventions;

“the Directive” means Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control [F2 as in force on the date the Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018 come into force];

[F3 “the EU Ship Recycling Regulation” means Regulation (EU) No 1257/2013 of the European Parliament and of the Council on ship recycling;]

“expanded inspection” means an inspection which covers at least the items listed in Annex VII to the Directive;

“fishing vessel” means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;

“flag administration” in relation to a ship means the administration of the State whose flag the ship is entitled to fly;

“IMO” means the International Maritime Organisation;

[F4 “initial inspection” means a visit on board a ship by an inspector in order to check compliance with—

(a)

the relevant Conventions, including at least the checks set out in Article 13.1 of the Directive and on or after 30th June 2019 compliance with Article 18 of Regulation (EU) 2015/757; and

(b)

a requirement under the EU Ship Recycling Regulation to have on board an inventory certificate or ready for recycling certificate or a statement of compliance (in each case within the meaning given by that Regulation).]

“the inspection database” means the information system developed, maintained and updated by the Commission in accordance with Article 24 of the Directive;

“inspector” means a person duly authorised by the Secretary of State to carry out inspections required by these Regulations;

“Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

“Member State” includes an EEA State;

“Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency, and reference to a specific Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

“more detailed inspection” means an inspection where the ship, its equipment and crew as a whole or parts thereof are subjected to an in-depth examination covering the ship's construction, equipment, manning, living and working conditions and compliance with on-board operational procedures;

“owner” includes, in relation to a ship, any operator, manager, charterer or agent of the ship;

“port authority” means a harbour authority within the meaning of the Harbours Act 1964 M1 or, in Northern Ireland, of the Harbours Act (Northern Ireland) 1970 M2 , or if there is no such authority, the person having control of the operation of the port;

“refusal of access notice” means a decision issued by the Secretary of State or the competent authority of another Member State to the master of the ship, to the company responsible for the ship and to the flag State notifying them that the ship will be refused access to all ports and anchorages in the territory of any Member State;

“ship” means a seagoing vessel to which one or more of the Conventions applies and includes hovercraft;

“United Kingdom waters” has the meaning given in section 313(2) (a) of the Act; and the following expressions have the meanings given in Article 2 of the Directive—

(a)

classification certificate;

(b)

company;

(c)

complaint;

(d)

Paris MOU;

(e)

Paris MOU region;

(f)

recognised organisation;

(g)

ship at anchorage;

(h)

ship/port interface;

(i)

statutory certificate; and

(j)

stoppage of an operation.

(2) References in these Regulations to an Annex to the Directive are references to that Annex as amended from time to time.

(3) References in these Regulations to the United Kingdom include United Kingdom waters.

Textual Amendments

F1 Words in reg. 2(1) substituted (1.6.2020) by The Merchant Shipping (Port State Control and Prevention of Pollution from Noxious Liquid Substances in Bulk) (Amendment) Regulations 2020 (S.I. 2020/496), regs. 1, 2(2)

F2 Words in reg. 2(1) inserted (31.12.2018) by The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018 (S.I. 2018/1122), regs. 1, 7(2)(a)

F3 Words in reg. 2(1) inserted (31.12.2018) by The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018 (S.I. 2018/1122), regs. 1, 7(2)(b)

F4 Words in reg. 2(1) substituted (31.12.2018) by The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018 (S.I. 2018/1122), regs. 1, 7(2)(c)

Marginal Citations

M1 1964 c.40.

M2 1970 c.1.