The Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) (Amendment) Regulations 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/81 |
2021 No. 81
Merchant ShippingSafety
The Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) (Amendment) Regulations 2021
Made 25th January 2021
Laid before Parliament 28th January 2021
Coming into force 22th February 2021
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 85(1), (3)(c), (d), (f), (l), (o), (p) and (q), (5) to (7) and 86(1) of the Merchant Shipping Act 19951.
In accordance with section 86(4) of that Act, the Secretary of State has consulted such persons as the Secretary of State considers will be affected by these Regulations.
Citation and commencement
1. These Regulations may be cited as the Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) (Amendment) Regulations 2021 and come into force on 22nd February 2021.
Amendment of Regulations
2.—(1) The Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations 19992are amended as follows.
(2) In regulation 3 (interpretation), in paragraph (1)—
(a)
(a) after the definition of “appropriate search and rescue services” insert—
““Area D” has the meaning given in regulation 3A(1)(d) of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 20003;
“automatic identification system” means equipment fitted on board a ship which meets the requirements specified in Merchant Shipping Notice 1794 (M) Amendment 1;
“Category A, B, C or D waters” means those categories of waters in the United Kingdom as specified in Merchant Shipping Notice 1837 (M) Amendment 2;”;
(b)
(b) after the definition of “the Directive” insert—
““high speed craft” has the meaning given in regulation 2 of The Merchant Shipping (High Speed Craft) Regulations 20044;”;
(c)
(c) omit the definition of “Maritime and Coastguard Agency”;
(d)
(d) for the definition of “Merchant Shipping Notice”, substitute—
““Merchant Shipping Notice” means a notice described as such and issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and includes a reference to any document amending or replacing that notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;”;
(e)
(e) after the definition of “mile” insert—
““National Single Window” means the technical platform for receiving, exchanging and forwarding information electronically, as specified in Merchant Shipping Notice 1794 (M) Amendment 1;”;
(f)
(f) omit the definition of “protected sea area”;
(g)
(g) after the definition of “person” insert—
““pleasure vessel” has the same meaning as in regulation 2 of The Merchant Shipping (Life-Saving Appliances and Arrangements) Regulations 20205;”;
(h)
(h) in the definition of “regular service”, after “two or more ports” insert “, or a series of voyages from and to the same port without intermediate calls,”.
(3) In regulation 4 (application), for paragraph (2)(c) substitute—
“(c)
“(c) pleasure vessel;”.
(4) In regulation 5 (passenger counting)—
(a)
(a) in paragraph (1)(b), for “M 1729” substitute “1794 (M) Amendment 1”;
(b)
(b) in paragraph (4), after “and the passenger registrar” insert “and, subject to paragraphs (4A) and (4B), reported in the National Single Window or communicated to the appropriate search and rescue services by means of the passenger ship’s automatic identification system”;
(c)
(c) after paragraph (4), insert—
“4A Before 20th December 2023, the total number of persons on board a passenger ship may alternatively be communicated to the master of the ship and the passenger registrar with no further requirement of reporting in the National Single Window or communication by means of the ship’s automatic identification system.
4B The requirement to report in the National Single Window or communicate the total number of passengers on board a passenger ship by means of the automatic identification system does not apply in relation to a ship that operates exclusively on Category A, B, C or D waters.”.
(5) In regulation 6 (additional requirements for voyages of more than 20 miles)—
(a)
(a) in paragraph (1)(a)(i), after “more than 20 miles from that landing point” insert “to the next port of call”;
(b)
(b) in paragraph (1)(b), after “more than 20 miles from that landing point” insert “to the next port of call except a ship operating exclusively on Category A, B, C or D waters”;
(c)
(c) in paragraph (2), omit “on or after the 1st January 2000”;
(d)
(d) in paragraph (2)(b), for sub-paragraph (i) substitute—
“(i)
“(i) subject to paragraph (2A), reported in the National Single Window within 15 minutes of the ship’s departure from the landing point; and”;
(e)
(e) in paragraph (2)(b)(ii), for “specified in sub-paragraph (e)” substitute “specified in sub-paragraph (f)”;
(f)
(f) after paragraph (2)(b)(ii), insert—
“2A Before 20th December 2023, the information required to be reported in accordance with paragraph (2)(b)(i) may alternatively be communicated to the passenger registrar within 15 minutes of the ship’s departure from the landing point.”;
(g)
(g) in paragraph (3), for sub-paragraph (b) to the end substitute—
“(b)
“(b) forenames;
(c)
(c) gender;
(d)
(d) nationality;
(e)
(e) date of birth; and
(f)
(f) when volunteered by a person—
(i) information concerning special care or assistance that might be needed in an emergency;
(ii) a contact number in case of an emergency”; and
(h)
...
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