OpenLegislation

Regulation 7 Exemption from reporting duties

Original text. Later amendments are not shown.

(1)

Regulation 6 does not apply in relation to an accident involving or occurring on board—

(a)

a United Kingdom ship which is—

(i)

a pleasure vessel that is not operating as an intended pleasure vessel, or

(ii)

a recreational craft that is hired on a bareboat basis, unless the accident involves explosion, fire, death, serious injury, the capsize of a power-driven craft or boat, or severe damage to the environment, or

(b)

a ship which is not a United Kingdom ship, unless that ship—

(i)

is within the jurisdiction of a harbour authority, or

(ii)

is employed in carrying passengers to or from a port in the United Kingdom or a place falling within sub-paragraph (i) and is within the United Kingdom or United Kingdom waters.

(2)

In this regulation—

  • “pleasure vessel” means—

    1. (a)

      any vessel that, at the time it is being used, is—

      1. (i)

        in the case of a vessel wholly owned by—

        1. (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

        2. (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

      2. (ii)

        on a voyage or excursion for which the owner does not receive money or is not paid 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

    2. (b)

      any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure that, 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 mentioned 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 that individual or of the individual’s spouse or civil partner, and “relative” means brother, sister, ancestor or lineal descendant;

  • “intended pleasure vessel” means a vessel which would be a pleasure vessel but for it being engaged on a single seagoing voyage solely for the purpose of—

    1. (a)

      the sale of that vessel,

    2. (b)

      the repair of that vessel,

    3. (c)

      the conduct of sea trials of that vessel, or

    4. (d)

      the delivery of that vessel which is only for one of the purposes described in paragraph (a), (b) or (c), and

    is a pleasure vessel immediately before and immediately after it is engaged on the single seagoing voyage solely for one of the purposes described in paragraph (a), (b), (c) or (d);

  • “recreational craft” means a craft or boat intended for sports and leisure purposes of hull length not exceeding 24 metres, regardless of the means of propulsion;

  • “hired on a bareboat basis” means hired without a professional master, skipper or crew.