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3.—(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 10, 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)regulations 26 and 49 and all of the provisions in Parts 3 and 11 (other than regulation 54); and
(b)the following provisions—
(i)regulation 6;
(ii)regulation 15;
(iii)regulation 18;
(iv)regulation 28;
(v)regulation 33;
(vi)regulation 41; and
(vii)regulation 46.
(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.
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