OpenLegislation

Regulation 2 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

For the purposes of these Regulations and of section 33 of the Act, “accident” means any contingency whereby:—

(a)

there is loss of life or major injury to any person on board, or any person is lost from, a ship or a ship’s boat; or

(b)

a ship is lost or presumed to be lost, or is abandoned or materially damaged; or

(c)

a ship strands or is in collision; or

(d)

a ship is disabled; or

(e)

any material damage is caused by a ship.

(2)

In these Regulations

  • “Chief Inspector” means the Chief Inspector of Marine Accidents appointed by the Secretary of State under section 33(1) of the Act, and any deputy Chief Inspector;

  • “disabled” means not under command for a period of more than 12 hours, or for any lesser period if, as a result, the vessel needs assistance to reach port;

  • “grounding” means making involuntary contact with the ground, except for touching briefly so that no damage is caused, and “goes aground” shall be construed accordingly;

  • “hazardous incident” means any incident or event, not being an accident as defined in regulation 2(1), by which the safety of a ship or any person on board is imperilled, or as a result of which serious damage to any ship or structure or damage to the environment might be caused;

  • “inspector” means an inspector of marine accidents appointed by the Secretary of State and in the context of the investigation of a particular accident includes any person appointed to investigate that accident under regulation 6 below;

  • “Inspector’s Inquiry” means an investigation ordered under regulation 6(2);

  • “investigation” means any investigation carried out by an inspector, including but not limited to an Inspector’s Inquiry;

  • “major injury” has the same meaning as in the Merchant Shipping (Safety Officials and Reporting of Accidents and Dangerous Occurrences) Regulations 1982f1;

  • “pleasure craft” means a vessel primarily used for sport or recreation;

  • “serious casualty” means an accident to a ship causing loss of life, or total loss of a ship of more than 50 metres registered length;

  • “ship’s boat” includes a liferaft, painting punt and any boat normally carried by a ship;

  • “strands” means goes aground and cannot immediately re-float;

  • “United Kingdom ship” means a ship registered in the United Kingdom.

(3)

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

Annotations

Footnotes

f1

S.I. 1982/876, amended by S.I. 1984/93.