The Merchant Shipping (Survey and Certification) Regulations 2015

JurisdictionUK Non-devolved
CitationSI 2015/508
  • These Regulations may be cited as the Merchant Shipping (Survey and Certification) Regulations 2015 and come into force on 6th April 2015.
  • The Instruments listed in the Schedule are revoked.
  • (1) In these Regulations—
    • the Act” means the Merchant Shipping Act 1995;
    • anniversary date” means the day and the month of each year which correspond to the date of expiry of the relevant certificate;
    • cargo ship” means any ship that is not a—
      • (a) passenger ship;
      • (b) ship of war;
      • (c) fishing vessel; or
      • (d) pleasure vessel;
    • “Cargo Ship Safety Certificate”, “Cargo Ship Safety Construction Certificate”, “Cargo Ship Safety Equipment Certificate”, “Cargo Ship Safety Radio Certificate” and “Passenger Ship Safety Certificate” means the certificates of those names issued pursuant to regulation 13;
    • Certifying Authority” has the meaning given by regulation 4;
    • Class II(A) ship” means a passenger ship engaged on voyages other than international voyages, which is not—
      • (a) a ship of Classes III to VI(A) as defined in the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A) ) Regulations 1998 ; or
      • (b) a ship of Class A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 which is a new ship, engaged on domestic voyages, for the purposes of those Regulations;
    • Class IX(A) ship” and “Class IX(A) (T) ship” have the same meanings as in the Merchant Shipping (Boatmasters' Qualifications, Crew and Hours of Work) Regulations 2015
    • ;
    • Convention Certificate” means a certificate issued in accordance with the requirements of the SOLAS Convention;
    • F13the Directive” means Directive 2009/45/EC of the European Parliament and of the Council of 6th May 2009 on safety rules and standards for passenger ships;
    • Exemption Certificate” means the certificate of that name issued pursuant to regulation16;
    • gross tons” means gross tonnage ascertained under the Merchant Shipping (Tonnage) Regulations 1997 ;
    • F19HSC Code” means the International Code of Safety for High-Speed Craft (2000) , 2008 Edition;
    • 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 Notice;
    • HSC Code Safety Certificate for Offshore Service Craft” means the certificate of that name issued pursuant to regulation 13A;
    • international voyage” means a voyage from a port in one country to a port in another country, either of the countries being a country to which the SOLAS Convention applies;
    • Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
    • Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency, 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;
    • mile” means an international nautical mile of 1852 metres;
    • passenger” means any person carried on a ship except—
      • (a) a person employed or engaged in any capacity on the business of the ship,
      • (b) a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented or forestalled,
      • (c) a child of under one year of age;
    • Passenger Certificate” means the certificate of that name issued pursuant to regulation 14;
    • passenger ship” means a ship carrying more than 12 passengers;
    • F14pleasure vessel” means—
      • (a) any vessel which at the time it is being used is—
        • (i) in the case of a vessel wholly owned by—
          • (aa) an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or
          • (bb) a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and
        • (ii) on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or
      • (b) any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club,
      where, in the case of any vessel referred to in paragraph (a) or (b) , no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant;
    • proper officer” means a consular officer appointed by Her Majesty's Government in the United Kingdom and, in relation to a port in a country outside the United Kingdom which is not a foreign country, includes an officer exercising in that port functions similar to those of a superintendent;
    • radio installations” means any radio equipment other than radio navigational equipment on board a ship or provided in relation to the ship's life-saving appliances;
    • ship of war” has the same meaning as in the SOLAS Convention;
    • short international voyage” means an international voyage in the course of which—
      • (a) a ship is not more than 200 miles from a port or place in which the passengers and crew could be placed in safety; and
      • (b) the distance—
        • (i) between the last port of call in which the voyage begins and the final port of destination; or
        • (ii) of the return voyage
      does not exceed 600 miles, where the final port of destination is the last port of call in the scheduled voyage at which the ship commences its return voyage to the country in which the voyage began; and
    • SOLAS Convention” means the International Convention for the Safety of Life at Sea 1974 , its Protocols of 1978 and 1988 , and all amendments to them in force on the date these Regulations come into force, and references to “the 1988 Protocol” are to that 1988 Protocol;
    (2) For the purpose of these Regulations, the Classes for passenger ships not engaged on international voyages are as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000.relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995;are considered by the Secretary of State to be relevant from time to time; andare specified in a Merchant Shipping Notice;

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