Regulation 2 Interpretation

In these Regulations—

• “the Act” means the Merchant Shipping Act 1995;

• “the Agreement” means the Agreement between the United Kingdom of Great Britain and Northern Ireland and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment dated 14th February 2019^f1;

• “applicable international standards” means the design, construction and performance requirements of the international conventions which equipment must satisfy as set out in Annex 1 or 2 of Merchant Shipping Notice MSN 1874;

• “applicable UK standards” means the requirements set out in Annex 3 of Merchant Shipping Notice MSN 1874 for equipment which is not subject to applicable international standards;

• “approved body” means a conformity assessment body which has been designated under regulation 4(1);

• “approved body requirements” means the requirements set out in Schedule 3;

• “authorised representative” means a person who—

  1. (a)

     immediately before IP completion day was established in an EEA state and appointed in accordance with article 13 of the EU Directive; or

  2. (b)

     after IP completion day is appointed in accordance with regulation 14;

• “COLREG” means the 1972 Convention on the International Regulations for Preventing Collisions at Sea^f2;

• “conformity approval certificate” means a certificate issued pursuant to regulation 10(2);

• “conformity assessment” means the equipment assessment used to determine whether equipment listed in Annex 1 of Merchant Shipping Notice MSN 1874 meets the requirements in regulation 5;

• “conformity assessment activities” means any activities connected with conformity assessment, including but not limited to calibration, testing, certification and inspection;

• “conformity assessment body” means a body that performs conformity assessment activities;

• “distributor” means a person in the supply chain, other than the manufacturer or the importer, who makes marine equipment available on the United Kingdom market;

• “economic operator” means a manufacturer, authorised representative, importer or distributor;

• “equipment assessment” means the process of demonstrating whether marine equipment complies with the requirements set out in these Regulations;

• “EU conformity mark” means a conformity mark affixed under the EU Directive;

• “EU declaration of conformity” means a declaration of conformity in the form specified in Annex III of Decision 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC as it has effect in European Union law^f3;

• “EU Directive” means Directive 2014/90/EU of the European Parliament and of the Council of 23rd July 2014 on marine equipment and repealing Council Directive 96/98/EC as it has effect in European Union law^f4;

• “Government ship” has the meaning given in section 308(4) of the Act;

• “IMO” means the International Maritime Organization^f5;

• “importer” means a person who—

  1. (a)

     is established in the United Kingdom; and

  2. (b)

     who makes available on the market marine equipment from a country outside of the United Kingdom;

• “international conventions” means—

  1. (a)

     the testing standards; and

  2. (b)

     the following conventions, together with their protocols and codes of mandatory application, and the resolutions and circulars of the IMO giving effect to those conventions—

     1. (i)

        COLREG;

     2. (ii)

        MARPOL;

     3. (iii)

        SOLAS;

• “making available on the market” means any—

  1. (a)

     supply in the United Kingdom market of marine equipment to a United Kingdom ship; or

  2. (b)

     making available of marine equipment in the United Kingdom market for supply to a United Kingdom ship;

  in the course of a commercial activity, whether in return for payment or free of charge, and related expressions are to be construed accordingly;

• “manufacturer” means a person who—

  1. (a)

     manufactures marine equipment or has marine equipment designed or manufactured; and

  2. (b)

     markets that equipment under that person's name or trade mark;

• “marine equipment” means equipment listed in Annexes 1, 2 or 3 of Merchant Shipping Notice MSN 1874;

• “MARPOL” means the 1973 International Convention for the Prevention of Pollution from Ships^f6;

• “Merchant Shipping Notice” means a notice described as such and issued by the Secretary of State and any reference to a particular Merchant Shipping Notice includes a reference to a Merchant Shipping Notice amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time^f7;

• “Merchant Shipping Notice MSN 1874” means the Merchant Shipping Notice MSN 1874 as amended from time to time;

• “nominated body” means a person designated as a nominated body under regulation 4(2);

• “passenger” means every person on a ship other than—

  1. (a)

     the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship;

  2. (b)

     a person on board the ship in pursuance of an obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstance that neither the master nor the owner could have prevented, and

  3. (c)

     a child under one year of age;

• “product” means an item of marine equipment;

• “quality system” means a quality system approved under Part 2 or Part 3 of Schedule 2;

• “recall” means any measure aimed at achieving the return of marine equipment that has been placed on board a United Kingdom ship or purchased with the intention of being placed on a United Kingdom ship;

• “recognised country” means a country, other than the United Kingdom, whose requirements in relation to its national accreditation body, and whose conformity assessment procedures, the Secretary of State is satisfied, taking into account relevant international conventions, are equivalent to those of the United Kingdom;

• “relevant period” means a period of at least 10 years from the date that the United Kingdom conformity mark or the EU conformity mark was affixed to the marine equipment concerned and not less than the expected life of that equipment;

• “SOLAS” means 1974 the International Convention for the Safety of Life at Sea^f8;

• “testing standards” means the testing standards for marine equipment referred to in Annexes 1 and 2 of Merchant Shipping Notice 1874;

• “type approval” means approval by a nominated body under regulation 16;

• “United Kingdom conformity approval” means approval by an approved body under regulation 10;

• “United Kingdom conformity assessment examination certificate” means a certificate issued pursuant to paragraph 6(1) of Schedule 2;

• “United Kingdom conformity mark” means the mark affixed to equipment by the manufacturer in accordance with regulation 13;

• “United Kingdom declaration of conformity” means a statement issued by the manufacturer in accordance with regulation 12;

• “United Kingdom ship” means a ship which is—

  1. (a)

     a United Kingdom ship within the meaning of section 85(2) of the Act; or

  2. (b)

     a hovercraft registered under the Hovercraft Act 1968^f9;

• “US conformity assessment examination certificate” means a certificate issued by the United States Coast Guard confirming that a product fulfils the relevant legislative, regulatory, and administrative requirements of the United States of America;

• “withdraw” in relation to marine equipment, means any measure aimed at preventing marine equipment in the supply chain from being made available on the market.

In these Regulations, a reference to each of the international conventions is to be construed—

With regard to COLREG, MARPOL and SOLAS, for the purposes of paragraph (2) the international convention is modified or replaced if the modification or replacement takes effect in accordance with the relevant Article of the convention referred to in paragraph (4).

The relevant Article is—

Any requirement in these Regulations for something to be in writing or in written form is satisfied where the text is—

In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft.

Where a ship is managed by a person other than the owner (whether on behalf of the owner, some other person or on his own behalf), a reference in these Regulations to the owner is to be construed as including a reference to that person.

Any direction, prohibition or restriction given under these Regulations must be given in writing and must specify the date on which it takes effect and the conditions (if any) on which it is given.