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Regulations replace the nationality restrictions in section 5 of the Aliens Restriction (Amendment) Act 1919 (c. 92), repealed by virtue of the Merchant Shipping Act 1970 (Commencement No. 12) Order 1995 (S.I. 1995 No. 1427).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.
| OFFENCE | MAXIMUM FINE |
|---|---|
| Section 45: ship going to sea undermanned | The 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.