Regulation 7 ExemptionsI1

United Kingdom

(1)

The Secretary of State may exempt from any provision of these Regulations—

(a)

a ship which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage;

(b)

a ship which embodies features of a novel kind if research into the development of those features and their incorporation in ships engaged on international voyages may be seriously impeded if the ship had to comply with the requirements of Chapter II-1;

(c)

a ship or class of ship which, during a voyage, does not proceed more than 20 miles from the nearest land, and where the Secretary of State is satisfied that the sheltered nature and conditions of such a voyage make it unreasonable or unnecessary to apply the requirements of Chapter II-1;

(d)

a ship employed in special trades^f1 for the carriage of large numbers of special trade passengers (such as the pilgrim trade) where—

(i)

the Secretary of State is satisfied that it is impracticable to enforce compliance with the requirements of Chapter II-1; and

(ii)

the ship complies with—

(aa)

the rules annexed to the Special Trade Passenger Ships Agreement, 1971^f2; and

(bb)

the rules annexed to the Protocol on Space Requirements for Special Trade Passenger Ships, 1973^f3.

(2)

The Secretary of State may exempt from the requirements of regulation 5(3) (repairs, alterations, modifications and outfitting) a ship or class of ship if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that ship or class of ship.

(3)

The Secretary of State may, in exceptional circumstances not provided for in paragraph (1), exempt from any provision of these Regulations a ship or class of ship if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that ship or class of ship.

(4)

An exemption under paragraph (1), (2) or (3) may be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the ship.

(5)

An exemption granted under paragraph (1), (2) or (3) may, on the giving of reasonable notice, be altered or cancelled.

(6)

An exemption granted under paragraph (1), (2) or (3), or an alteration or cancellation under paragraph (5), must—

(a)

be in writing;

(b)

specify the date on which it takes effect; and

(c)

specify the terms, if any, on which it is given.

(7)

The requirement that the exemption granted under paragraph (1), (2) or (3), or an alteration or cancellation under paragraph (5), be in writing is satisfied where the text of the exemption, alteration or cancellation is—

(a)

transmitted by electronic means;

(b)

received in legible form; and

(c)

capable of being used for subsequent reference.

(8)

Where an exemption is granted subject to safety requirements under paragraph (4), the exemption ceases to have effect if those requirements are not complied with.

(9)

In this regulation, “mile” means a nautical mile of 1,852 metres.

Annotations

Commencement

I1: Reg. 7 in force at 29.3.2023, see reg. 1(1)

Footnotes

f1: “Special trade” is defined in Rule 2 of the Special Trade Passenger Ships Agreement, 1971 (Cmnd 7761).
f2: Cmnd 7761. The Special Trade Passenger Ships Agreement, 1971 is available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/data/Library2/pdf/1980-TS0007.pdf).
f3: Cmnd 7761. The rules annexed to the Protocol on Space Requirements for Special Trade Passenger Ships, 1973 are available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/data/Library2/pdf/1980-TS0007.pdf).