Regulation 3 Interpretation

In these Regulations—

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

• “additional ship verification” has the meaning given in regulation 16(10);

• “additional verification” has the meaning given in regulation 13(10);

• “anniversary date” means, in relation to any relevant document, the day and the month of each year which corresponds to the date of expiry of that document;

• “annual verification” has the meaning given in regulation 13(10);

• “Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State in accordance with regulation 7 for the purpose of verification and certification required by these Regulations;

• “Convention country” means a country or territory which is either a country the government of which is party to the SOLAS Convention or a territory to which the SOLAS Convention extends whether or not it is subject to the amendments to, or reservations in respect of, the SOLAS Convention;

• “designated person” means a person designated by an ISM company in accordance with paragraph 4 of the ISM Code;

• “Document of Compliance” means a document issued in accordance with paragraph 13.2 of the ISM Code;

• “gross tonnage” means gross tonnage determined in accordance with regulation 6 or 12(1) of the Merchant Shipping (Tonnage) Regulations 1997^f1;

• “IMO” means the International Maritime Organization^f2;

• “initial ship verification” has the meaning given in regulation 16(10);

• “initial verification” has the meaning given in regulation 13(10);

• “Interim Document of Compliance” means a document issued in accordance with paragraph 14.1 of the ISM Code;

• “Interim Safety Management Certificate” means a document issued in accordance with paragraphs 14.2 and 14.4 of the ISM Code;

• “interim ship verification” has the meaning given in regulation 17(7);

• “interim verification” has the meaning given in regulation 14(7);

• “intermediate ship verification” has the meaning given in regulation 16(10);

• “ISM Code” means the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the IMO in 1993 by Assembly Resolution A.741(18)^f3;

• “ISM company” means, in relation to a ship—

  1. (a)

     a person, who is not the owner of the ship, who has assumed responsibility for the operation of the ship from the owner and—

     1. (i)

        in the case of a United Kingdom ship or a non-United Kingdom ship flying the flag of a Convention country, has agreed with the owner to take over all the duties and responsibilities imposed by the ISM Code; or

     2. (ii)

        in the case of a non-United Kingdom ship flying the flag of a State which is not a Convention country, has agreed with the owner to take over all the duties and responsibilities which provide an equivalent level of compliance with the duties and responsibilities imposed by the ISM Code; or

  2. (b)

     in all other cases, the owner of the ship;

• “major non-conformity” means—

  1. (a)

     an identifiable deviation that poses a serious threat to the safety of personnel or a ship, or a serious risk to the environment, that requires immediate corrective action; or

  2. (b)

     a lack of effective and systematic implementation of a requirement of the ISM Code;

• “Marine Guidance Note” means a note described as such and issued by the MCA and includes a reference to any document amending or replacing that note from time to time which is considered by the Secretary of State to be relevant and is specified in a Marine Guidance Note;

• “MCA” means the Maritime and Coastguard Agency which is an executive agency of the Department for Transport;

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

• “non-United Kingdom ship” means a ship which is not a United Kingdom ship;

• “prescribed fee” means the relevant fee prescribed by the Secretary of State under section 302 of the 1995 Act (fees) and specified in, or otherwise determined under, Schedule 1 to the Merchant Shipping (Fees) Regulations 2018^f4;

• “relevant document” means, except in regulation 23 (prohibition on non-United Kingdom ships proceeding or attempting to proceed on any voyage without a relevant document), a Document of Compliance, an Interim Document of Compliance, a Safety Management Certificate or an Interim Safety Management Certificate;

• “renewal ship verification” has the meaning given in regulation 16(10);

• “renewal verification” has the meaning given in regulation 13(10);

• “RO Code” means the Code for Recognized Organizations adopted by IMO Resolution MSC.349(92)^f5;

• “Safety Management Certificate” means a document issued in accordance with paragraph 13.7 of the ISM Code;

• “safety management system” means a structured and documented system enabling ISM company personnel to implement effectively the company’s safety and environmental protection policy;

• “SOLAS Convention” means the International Convention for the Safety of Life at Sea, 1974^f6;

• “STCW Code” means the Seafarers’ Training, Certification and Watchkeeping Code^f7;

• “STCW Convention” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978^f8 and any reference to an “STCW Regulation” means a regulation contained in the Annex to that Convention and also constitutes a reference to the corresponding section of Part A of the STCW Code;

• “surveyor” means a surveyor of ships, or any other person appointed by a Certifying Authority other than the Secretary of State, to be a surveyor;

• “United Kingdom ship” has the meaning given in section 85(2) of the 1995 Act;

• “valid” means, in relation to a relevant document, in force and “validity” is to be construed accordingly;

and references to “in writing” include the provision of such communication by electronic mail, facsimile or other means, which is capable of producing a document containing the text of any communication and in a form sufficiently permanent to be used for subsequent reference.

In interpreting the ISM Code for the purposes of these Regulations, any reference in the ISM Code to a matter that is expressed as a matter that “should” be discharged, must be read as an obligation to discharge.