4.—(1) Subject to paragraphs (2) to (4), these Regulations apply to the carriage of cargo on—
(a)seagoing United Kingdom ships, wherever they may be; and
(b)seagoing non-United Kingdom ships while they are within United Kingdom waters.
(2) These Regulations do not apply to—
(a)ships of war and naval auxiliary ships;
(b)ships owned or operated by a State and engaged only on governmental non-commercial service;
(c)ships not propelled by mechanical means;
(d)wooden ships of primitive build;
(e)pleasure vessels;
(f)fishing vessels;
(g)ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian.
(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 the master, owner or charterer could not 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 persons(1),
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.
Regulation 33 in Chapter V of the Convention (safety of navigation) places an obligation on the master to provide assistance to persons in distress at sea and this obligation is implemented in the Merchant Shipping (Safety of Navigation) Regulations 2020 (S.I. 2020/673, amended by S.I. 2022/1219).