The Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/41 |
2022 No. 41
Merchant Shipping
The Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022
Made 13th January 2022
Laid before Parliament 18th January 2022
Coming into force- 9th February 2022
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 85(1), (1B), (3), (5), (6) and (7) and 86(1) of the Merchant Shipping Act 19951.
The Secretary of State has consulted the persons referred to in section 86(4) of that Act.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022.
(2) These Regulations come into force on 9th February 2022.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Definitions
2. In these Regulations—
“HSOSC” has the meaning given in regulation 3;
“Merchant Shipping Notice” means a notice, described as such, issued by the Secretary of State, 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.
Application
3.—(1) These Regulations apply to high speed offshore service craft (“HSOSC”).
(2) An HSOSC is a craft which—
(a)
(a) is either a United Kingdom high speed craft, or any other high speed craft in United Kingdom waters,
(b)
(b) is operating—
(i) at sea, or
(ii) in Category A, B, C or D waters,
(c)
(c) is of less than 500 tons gross tonnage,
(d)
(d) is engaged in an operation to transport the following persons from one place to another, including any part of that operation where they are not on board—
(i) at least one industrial personnel, and
(ii) no more than 12 persons who are not industrial personnel or the master or crew,
(e)
(e) is not, during that operation, carrying more than 60 persons on board at any point in time, whoever those persons are, and
(f)
(f) is not—
(i) a pleasure vessel,
(ii) a warship, naval auxiliary or another craft owned or operated by a State and used, for the time being, only on government non-commercial service,
(iii) propelled other than by mechanical means,
(iv) a wooden craft of primitive build,
(v) a fishing vessel, or
(vi) engaged in a voyage from a port in one State to a port in another State.
(3) In this regulation—
“Category A, B, C or D waters” means waters specified as such in the Merchant Shipping Notice entitled MSN 1837 (M) Amendment 22;
“craft” means ships and hovercraft;
“gross tonnage” has the meaning given by regulation 6 of the Merchant Shipping (Tonnage) Regulations 19973;
“high speed craft” has the same meaning as in the Merchant Shipping (High Speed Craft) Regulations 20044(see regulation 2 of those Regulations);
“industrial personnel” means persons who are transported or accommodated on board for the purpose of offshore industrial activities performed on board other ships or on offshore facilities;
“offshore industrial activities” means the construction, maintenance, decommissioning, operation or servicing of offshore facilities related to the exploration and exploitation of resources by the renewable or hydrocarbon energy sectors, aquaculture, ocean mining or similar activities;
“pleasure vessel” has the same meaning as in the Merchant Shipping (Survey and Certification) Regulations 20155(see regulation 3(1) of those Regulations);
“United Kingdom high speed craft” means a high speed craft which is a United Kingdom ship or hovercraft registered in the United Kingdom.
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 20226, 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)
(a) be set out in writing,
(b)
(b) explain the extent of the exemption,
(c)
(c) describe the HSOSC or class of HSOSC which are exempted,
(d)
(d) set out the date on which it takes effect,
(e)
(e) set out any expiry date, and
(f)
(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).
Offences, penalties and detention
5.—(1) The owner and master of an HSOSC each commits an offence where there is a contravention of regulation 4 in respect of that HSOSC.
(2) In paragraph (1), “owner” includes any part owner.
(3) It is a defence for any person charged under paragraph (1) to show that they took all reasonable steps to ensure compliance with regulation 4.
(4) An offence under paragraph (1) is punishable—
(a)
(a) on summary conviction in England and Wales by a fine;
(b)
(b) on summary conviction in Scotland or Northern Ireland by a fine not exceeding the statutory maximum;
(c)
(c) on conviction on indictment, by imprisonment for a term not exceeding two years or by a fine, or by both.
(5) An HSOSC which does not comply with regulation 4 is liable to be detained and section 284 of the Merchant Shipping Act 19957applies, subject as follows.
(6) In that section of that Act—
(a)
(a) each reference to a ship is to be read as if it were a reference to an HSOSC;
(b)
(b) in both subsections (1) and (6), each reference to “this Act” is to be read as if it were a reference to regulation 5(5) of these Regulations.
Survey and certification
6.—(1) The Merchant Shipping (Survey and Certification) Regulations 20158are amended as follows.
(2) In regulation 3, in paragraph (1) at the appropriate places insert—
“
“HSC Code” means the International Code of Safety for High-Speed Craft (2000), 2008 Edition9;
”;
“
“HSOSC” means a craft to which the Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022 apply (see regulation 3 of those Regulations);
”;
“
“HSOSC Code” means 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, and includes any document amending or replacing it which is considered by the Secretary of State to be relevant from time to time and which is specified in a Merchant Shipping Notice10;
”;
“
“HSC Code Safety Certificate for Offshore Service Craft” means the certificate of that name issued pursuant to regulation 13A;
(3) After regulation 9, insert—
“
Surveys of HSOSC
9A.—(1) An HSOSC is subject to the following surveys of its structure, safety equipment, radio installations and other equipment—
(a)
(a) before the HSOSC is put in service or before the HSC Code Safety Certificate for Offshore Service Craft is issued for the first time, an initial survey;
(b)
(b) at the intervals specified in the HSOSC Code, a renewal survey;
(c)
(c) within three months before or after each anniversary date of a HSC Code...
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