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Paragraph 5 Ships to which this Schedule appliesF1

(1)

This Schedule applies to a ship of a gross tonnage of 5000 or more calculated in accordance with the tonnage determination regulations contained in Annex I to the International Convention on Tonnage Measurement of Ships, adopted by the International Maritime Organization (IMO) in London on 23rd June 1969, except—

(a)

a ship in the armed services of the United Kingdom or another country (including a naval auxiliary ship);

(b)

a ship, the principal use of which is for law enforcement (for example for border enforcement purposes or for customs purposes);

(c)

a ship, the principal use of which is for government surveillance and protection of the marine environment;

(d)

a ship, the principal use of which is for assisting marine navigation or safe passage;

(e)

a ship, the principal use of which is for fish-catching and fish processing;

(f)

a ship, the principal use of which is to carry out, or facilitate the carrying out of, publicly funded research;

(g)

a ship, the principal use of which is to undertake coastguard or search and rescue activities;

(h)

a ship, the principal use of which is responding to medical emergencies;

(i)

a ship exclusively propelled by non-mechanical means;

(j)

a wooden ship of a primitive build;

(k)

a ship that operates a Scottish ferry service;

(l)

up to and including 31st December 2026, an offshore ship.

(2)

In this Order, “ship” means, except in sub-paragraph (1), a ship to which this Order applies by virtue of that sub-paragraph.

(3)

In this paragraph, “Scottish ferry service” means a transport service by water that—

(a)

ordinarily carries passengers;

(b)

operates between two or more points in Scotland where the route for the transport service crosses through (in whole or in part) the Scottish marine region for—

(i)

the Solway;

(ii)

the Clyde;

(iii)

Argyll;

(iv)

the West Highlands;

(v)

the Outer Hebrides

(vi)

the North Coast;

(vii)

the Orkney Islands;

(viii)

the Shetland Isles;

(ix)

the Moray Firth; and

(c)

operates either—

(i)

according to a published timetable; or

(ii)

with crossings so regular or frequent that they constitute a recognisable systematic series.

(4)

Sub-paragraph (3)(b)(i) to (ix) is to be interpreted in accordance with the Scottish Marine Regions Order 2015.

Annotations

Textual amendments

F1

Sch. 2A inserted (1.7.2026) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (Extension to Maritime Activities) Order 2026 (S.I. 2026/392), art. 1(1), Sch. 1