PART 1General matters
Application3
1
Subject to paragraph (5) and regulations 37(1) and 44(2), the provisions specified in paragraph (2) apply to—
a
a sea-going United Kingdom ship wherever it may be; and
b
a sea-going ship which is not a United Kingdom ship, while that ship is in United Kingdom waters, if—
i
the MLC has not come into force for the State whose flag the ship is entitled to fly; or
ii
the MLC has come into force for the State whose flag the ship is entitled to fly, but the ship does not carry—
aa
a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or
bb
an interim Maritime Labour Certificate.
2
The provisions referred to in paragraph (1) are as follows—
a
all of the provisions in Parts 2 to F110B, other than those referred to in sub-paragraph (4)(b); and
b
all of the provisions in Part 11, other than regulations 55 and 57.
3
Subject to paragraph (5) and regulation 46(4), the provisions specified in paragraph (4) apply to a sea-going ship which is not a United Kingdom ship, while that ship is in United Kingdom waters, if—
a
the MLC has come into force for the State whose flag the ship is entitled to fly; and
b
the ship carries—
i
a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or
ii
an interim Maritime Labour Certificate.
4
The provisions referred to in paragraph (3) are as follows—
a
F2regulation 26 and all of the provisions in Parts 3 and 11 (other than regulation 54); and
5
These Regulations do not apply to—
a
pleasure vessels;
b
fishing vessels;
c
ships of traditional build;
d
warships or naval auxiliaries; or
e
vessels which are not ordinarily engaged in commercial activities.