PART 1Preliminary

ApplicationI13

1

Subject to paragraphs (2) and (3), these Regulations apply to—

a

United Kingdom ships, wherever they may be; and

b

non-United Kingdom ships while they are within United Kingdom waters.

2

These Regulations do not apply to—

a

ships of war and naval auxiliaries;

b

ships owned or operated by a State and engaged only on governmental non-commercial service;

c

ships solely navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of the St. Lambert Lock at Montreal in the Province of Quebec, Canada;

d

ships to which the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 20004 apply;

e

ships to which the Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 20105 apply;

f

vessels to which the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 20106 apply.

3

A non-United Kingdom ship flying the flag of a State which is not a party to the Convention is not subject to these Regulations if it would not have been in United Kingdom waters but for stress of weather or any other circumstances which neither the master nor the owner or the charterer could have prevented.

4

Where persons are on board a ship as a consequence of—

a

the circumstances described in paragraph (3); or

b

an obligation laid upon the master to carry shipwrecked or other persons7,

those persons are not to be taken into account for the purpose of determining the application to that ship of any provision of these Regulations.

5

For the purposes of this regulation, “non-United Kingdom ship” means any ship other than a United Kingdom ship.