Regulation 4 ApplicationI1

United Kingdom

F1(1)

These Regulations apply to—

(a)

United Kingdom passenger ships of Class A, B, C or D of 24 metres or over in length, engaged on domestic voyages; and

(b)

non-United Kingdom passenger ships of Class A, B, C or D of 24 metres or over in length, engaged on domestic voyages while they are within United Kingdom waters.

(2)

These Regulations shall not apply to—

(a)

a ship of war or a troopship;

(b)

a ship not propelled by mechanical means;

F2(ba)

a sailing ship;

(c)

a vessel which is not constructed in steel or equivalent material, and

(i)

to which F3the Merchant Shipping (High Speed Craft) Regulations 2022 do not apply, or

(ii)

which is not a dynamically supported craft for the purposes of the Code of Safety for Dynamically Supported Craft adopted by the International Maritime Organisation by means of Resolution A.373(X) on 14th November 1977;

(d)

a wooden ship of primitive build;

F4(e)

a traditional ship;

F5(f)

a pleasure yacht or pleasure craft;

(g)

F6... a high-speed passenger craft to which F7the Merchant Shipping (High Speed Craft) Regulations 2022 apply; F8...

(h)

a vessel exclusively engaged in port waters F9, or

(i)

a passenger ship to which Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010 apply, or

(j)

a vessel to which the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010 apply F10;

(k)

an offshore service craft;

(l)

an offshore service ship;

(m)

a tender.

F11(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

For the purposes of the application of these Regulations no account shall be taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled.

(5)

Subject to paragraph (6) below, paragraph (7) below shall apply to repairs, alterations and modifications of a major character, and related outfitting, carried out to an existing passenger ship.

(6)

Alterations made to an existing passenger ship which are intended solely to achieve a higher survivability standard shall not be regarded as modifications of a major character.

(7)

Repairs, alterations and modifications referred to in paragraph (5) above shall comply with the safety requirements of the Directive which apply to a new passenger ship of the same Class and which are relevant to the repair, alteration or modification.

Annotations

Textual amendments

F1: Reg. 4(1) substituted (1.1.2021) by The Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1222), regs. 1, 2(5)(a)
F2: Reg. 4(2)(ba) inserted (1.1.2021) by The Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1222), regs. 1, 2(5)(b)(i)
F3: Words in reg. 4(2)(c)(i) substituted (19.12.2022) by The Merchant Shipping (High Speed Craft) Regulations 2022 (S.I. 2022/1219), reg. 1(1), Sch. para. 11 (with reg. 4(2)-(4))
F4: Reg. 4(2)(e) substituted (1.1.2021) by The Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1222), regs. 1, 2(5)(b)(ii)
F5: Reg. 4(2)(f) substituted (1.1.2021) by The Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1222), regs. 1, 2(5)(b)(iii)
F6: Words in reg. 4(2)(g) revoked (16.11.2012) by The Merchant Shipping (Passenger Ships on Domestic Voyages)(Amendment) Regulations 2012 (S.I. 2012/2636), regs. 1, 3(3)(a)
F7: Words in reg. 4(2)(g) substituted (19.12.2022) by The Merchant Shipping (High Speed Craft) Regulations 2022 (S.I. 2022/1219), reg. 1(1), Sch. para. 11 (with reg. 4(2)-(4))
F8: Word in reg. 4(2)(g) omitted (6.4.2010) by virtue of The Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010 (S.I. 2010/680), reg. 1(2), Sch. (with reg. 3)
F9: Reg. 4(2)(i)(j) and word substituted for reg. 4(2)(i) and word (20.4.2010) by The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010 (S.I. 2010/1075), reg. 1(2), Sch. 2 (with reg. 3)
F10: Reg. 4(2)(k)-(m) inserted (1.1.2021) by The Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/1222), regs. 1, 2(5)(b)(iv)
F11: Reg. 4(3) revoked (16.11.2012) by The Merchant Shipping (Passenger Ships on Domestic Voyages)(Amendment) Regulations 2012 (S.I. 2012/2636), regs. 1, 3(3)(b)

Commencement

I1: Reg. 4 in force at 23.10.2000, see reg. 1