The Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022

Compliance and exemptions

4.—(1) An HSOSC must comply with the HSOSC Code, subject to paragraph (3).

(2) The HSOSC Code is the Secretary of State’s Code for high speed offshore service craft (of less than 500GT carrying up to 60 persons), published on 9th February 2022(1), and includes any document amending or replacing it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.

(3) Paragraph (1) does not apply to an HSOSC to the extent that the Secretary of State has granted an exemption in accordance with the following paragraphs.

(4) The Secretary of State may exempt an HSOSC or a class of HSOSC from any of the provisions of the HSOSC Code.

(5) Before granting the exemption the Secretary of State must be satisfied that the exemption, including any conditions relating to it, will not result in a level of safety which is, overall, lower than that described in the HSOSC Code.

(6) The exemption may be of limited or permanent duration.

(7) The exemption is subject to any conditions which the Secretary of State considers appropriate.

(8) The exemption must—

(a) be set out in writing,

(b) explain the extent of the exemption,

(c) describe the HSOSC or class of HSOSC which are exempted,

(d) set out the date on which it takes effect,

(e) set out any expiry date, and

(f) set out any conditions.

(9) The Secretary of State may cancel or vary an exemption at any time by giving reasonable notice in writing.

(10) Before varying an exemption, the Secretary of State must be satisfied that it will continue to provide the level of safety mentioned in paragraph (5).

(1)

A copy of this Code may be seen at www.gov.uk or obtained by writing to the Maritime & Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG.