The Merchant Shipping (Port State Control) Regulations 2011

Application of Part 1

3.—(1) Part 1 of these Regulations applies to any ship and its crew calling at a port or anchorage in the United Kingdom to engage in a ship/port interface.

(2) These Regulations do not apply to—

(a) a British ship;

(b) a fishing vessel;

(c) a warship;

(d) a naval auxiliary;

(e) a wooden ship of primitive build;

(f) a government ship used for non-commercial purposes; or

(g) a pleasure yacht not engaged in trade.

(3) An inspector must, when exercising functions in respect of a ship below 500 gross tonnage—

(a) have regard to Annex 1 to the Paris MOU;

(b) to the extent a Convention applies to the ship, apply the requirements of that Convention; and

(c) to the extent a Convention does not apply to the ship, take such action as may be necessary to ensure that the ship is not clearly hazardous to safety, health or the environment.

(4) An inspection in the United Kingdom of a ship, while not in a port, is considered an inspection for the purposes of these Regulations.

(5) Where—

(a) a ship is detained under a Convention enactment; or

(b) the master of such a ship is served with a detention notice under such an enactment;

section 284 of the Act (enforcing detention of a ship) applies in relation to the ship as if any reference to proceeding to sea were a reference to proceeding contrary to the detention notice and references to sending or taking to sea were construed accordingly.