The Merchant Shipping (Tonnage) (Amendment) Regulations 2020

JurisdictionUK Non-devolved
CitationSI 2020/362

2020 No. 362

Merchant Shipping

The Merchant Shipping (Tonnage) (Amendment) Regulations 2020

Made 25th March 2020

Laid before Parliament 30th March 2020

Coming into force 20th April 2020

The Secretary of State, in exercise of the powers conferred by section 19 of the Merchant Shipping Act 19951, makes the following Regulations.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Merchant Shipping (Tonnage) (Amendment) Regulations 2020 and come into force on 20th April 2020.

Amendment of the Merchant Shipping (Tonnage) Regulations 1997

Amendment of the Merchant Shipping (Tonnage) Regulations 1997

S-2 The Merchant Shipping (Tonnage) Regulations 1997 are amended...

2. The Merchant Shipping (Tonnage) Regulations 19972are amended in accordance with regulations 3 to 8.

S-3 In regulation 2(1) (definitions)— for the definition of “Load...

3. In regulation 2(1) (definitions)—

(a) for the definition of “Load Line Rules” substitute—

““Load Line Rules” means—

(a) the Merchant Shipping (Load Line) Regulations 19983or the Merchant Shipping (International Load Line Convention) (Amendment) Regulations 20184, whichever is relevant;

(b) in relation to any ship not registered in the United Kingdom any corresponding rules of the country in which the ship is registered;”;

(b) in the definition of “moulded draught”, in paragraph (b), for “the Merchant Shipping (Passenger Ship Construction) Regulations 1980 or the Merchant Shipping (Passenger Ship Construction) Regulations 1984” substitute “the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 19985or the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 19986”.

S-4 For regulation 3 (application) substitute— 3 Application 1...

4. For regulation 3 (application) substitute—

S-3

Application

3. (1) Subject to paragraphs (2) and (3), this Part applies to ships, being ships of 24 metres in length or over, registered or to be registered in the United Kingdom under Part II of the Act and for which the ascertainment of tonnage is required under Regulations made under section 10 of the Act.

(2) A ship which is not subject to the Convention at the time of its departure on any voyage will not become subject to the Convention on account of any deviation from its intended voyage due to stress of weather or any other circumstances beyond the control of the owner or the master of that ship.

(3) In applying the provisions of these Regulations, the Secretary of State must give due consideration to any deviation or delay caused to any ship owing to stress of weather or any other circumstances beyond the control of the owner or the master of that ship.”.

S-5 In regulation 8 (segregated ballast oil tankers), for...

5. In regulation 8 (segregated ballast oil tankers), for “Regulation 13 of Annex I of the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating to that Convention” substitute “Regulation 18 of Annex I of the International Convention for the Prevention of Pollution from Ships 19737”.

S-6 In regulation 11 (change of net tonnage necessitating issue of...

6. In regulation 11 (change of net tonnage necessitating issue of a certificate), in paragraph (2), for “the Merchant Shipping (Passenger Ship Construction) Regulations 1980 or the Merchant Shipping (Passenger Ship Construction) Regulations 1984” substitute “the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998 or the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998”.

S-7 After regulation 15 (ascertainment of tonnage and...

7. After regulation 15 (ascertainment of tonnage and certification) insert—

S-15A

Inspection

15A. (1) Subject to paragraph (2), a non-United Kingdom ship is subject to inspection by the Secretary of State when it is in a United Kingdom port for the purpose of verifying that—

(a)

(a) a valid International Tonnage Certificate (1969) has been issued in relation to the ship, and

(b)

(b) the main characteristics of the ship correspond with the information contained in the certificate.

(2) The inspection may not cause any delay to the ship.

(3) In the event that the inspection reveals that the main characteristics of the ship do not correspond with the information contained in its International Tonnage Certificate (1969) to the effect that the gross tonnage or net tonnage exceeds the value recorded in the certificate, the Secretary of State must without delay notify in writing the Government of the State whose flag the ship is flying of this determination.

(4) The requirement that the notification referred to in paragraph (3) should be in writing is satisfied where the text of a notification is—

(a)

(a) transmitted by electronic means,

(b)

(b) received in legible form, and

(c)

(c) capable of being used for subsequent reference.”.

S-8 After regulation 16 (penalties) insert—...

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