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The Merchant Shipping (Officer Nationality) Regulations 1995

S.I. 1995/1427 · Made 1 June 1995

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MERCHANT SHIPPING

MASTERS AND SEAMEN

Made 1st June 1995

Laid before Parliament 13th June 1995

Coming into force 1st August 1995

The Secretary of State for Transport, after consulting with the organisations referred to in section 99(2) of the Merchant Shipping Act 1970f1, in exercise of powers conferred by section 43 and 92 of that Actf2 and now vested in himf3, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1970 c. 36.

f2

Section 43 was amended by the Merchant Shipping Act 1979 (c. 39), section 37(2) and (3).

f3

See S.I. 1970/1537.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Strategic ships
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Merchant Shipping (Officer Nationality) Regulations 1995 and shall come into force on 1st August 1995.

2Interpretation

In these Regulations:

  • “cruise ship” means a passenger ship of Class I (within the meaning of the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984f1) certified to carry more than 200 passengers;

  • “British registered fishing vessel” means a fishing vessel registered in the register of British ships established under section 1 of the Merchant Shipping (Registration, etc.) Act 1993f2;

  • “length”, in relation to a British registered fishing vessel, means the register length shown on the vessel’s certificate of registry;

  • “product tanker” means either an oil tanker constructed for the carriage of petroleum products in bulk or a chemical tanker constructed for the carriage in bulk of any liquid chemical listed in the “International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code)”, 1990 Edition, published by the International Maritime Organisation;

  • “ro-ro ship” means a ship provided with cargo or vehicle spaces in which cargo or vehicles can be loaded and unloaded in a horizontal direction;

  • “strategic ship” means—

    1. (a)

      a British registered fishing vessel of 24 metres or more in length; or

    2. (b)

      a United Kingdom ship of 500 tons or more which is a cruise ship, a product tanker, or a ro-ro ship;

  • “tons” means gross tons and the tonnage of a ship shall be—

    1. (a)

      in the case of a ship having alternative tonnages under paragraph 13 of Schedule 5 to the Merchant Shipping (Tonnage) Regulations 1982f3, the larger of those tonnages; and

    2. (b)

      in the case of a ship having its tonnage determined under both Part II and regulation 16 of those Regulations, its gross tonnage as determined under regulation 16;

  • “United Kingdom ship” has the same meaning as in section 21(2) of the Merchant Shipping Act 1979f4.

3Strategic ships

Without prejudice to the Merchant Shipping (Certification of Deck Officers) Regulations 1985f1, the Merchant Shipping (Certification of Marine Engineer Officers and Licensing of Marine Engine Operators) Regulations 1986f2 or the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984f3, the master of every strategic ship shall be:

(a)

a Commonwealth citizen; or

(b)

an EEA national; or

(c)

a national of a State (other than an EEA State) which is a member of the North Atlantic Treaty Organisation.

Signature

Signed by authority of the Secretary of State for Transport

Goschen

Parliamentary Under Secretary of State,

Department of Transport

1st June 1995

Explanatory note

(This note is not part of the Regulations)

These Regulations require that certain descriptions of United Kingdom ships serving a strategic function (i.e. cruise ships, fishing vessels, product tankers and ro-ro ships) carry as master persons who are Commonwealth citizens or nationals of other EEA States or NATO states. The Regulations apply to such ships of 500 tons or more, and fishing vessels of 24 metres or more in length.

The Regulations replace the nationality restrictions in section 5 of the Aliens Restriction (Amendment) Act 1919 (c. 92), repealed by virtue of the Merchant Shipping Act 1970 (Commencement No. 12) Order 1995 (S.I. 1995 No. 1427).

The maximum penalties for breaches of the Regulations are laid down in the Merchant Shipping Act 1970.

OFFENCEMAXIMUM FINE
Section 45: ship going to sea undermannedThe statutory maximum (presently £5,000) on summary conviction; no limit on conviction on indictment.
Section 46: unqualified person going to sea as qualified.As under section 45.

The IBC Code referred to in the definition of “product tanker” may be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR.