Regulation 3 Interpretation

In these Regulations—

• “Antarctic Area” has the meaning given to it in regulation 1 of Chapter XIV;

• “Arctic waters” has the meaning given to it in regulation 1 of Chapter XIV;

• “cargo ship” means any ship which is not a passenger ship;

• “Chapter XIV” means Chapter XIV in the Annex to the Convention (safety measures for ships operating in polar waters) and includes the amendments adopted by IMO Resolution MSC.532(107)^f1;

• “Company” means, in relation to a ship, the operator of the ship, who is either—

  1. (a)

     the owner; or

  2. (b)

     any person who has assumed responsibility for the operation of the ship from the owner;

• “Convention” means the International Convention for the Safety of Life at Sea, 1974^f2;

• “Convention country” means a country or territory which is either—

  1. (a)

     a country the Government of which is party to the Convention; or

  2. (b)

     a territory to which the Convention extends, whether or not it is subject to the amendments to, or reservations in respect of, the Convention;

• “fishing vessel” means a ship used for catching fish, whales, seals, walrus or other living resources of the sea;

• “gross tonnage” means gross tonnage determined in accordance with regulation 6 or 12(1) of the Merchant Shipping (Tonnage) Regulations 1997^f3;

• “IMO” means the International Maritime Organization, which is a special agency of the United Nations responsible for shipping safety and security and the prevention of pollution;

• “length overall” means the distance between the foreside of the foremost fixed permanent structure and the after side of the aftermost fixed permanent structure;

• “master” includes the skipper of a fishing vessel;

• “non-United Kingdom ship” means any ship other than a United Kingdom ship;

• “passenger” means a person other than—

  1. (a)

     the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; or

  2. (b)

     a child under one year of age;

• “passenger ship” means a ship which carries more than 12 passengers;

• “pleasure vessel” means—

  1. (a)

     any vessel which at the time it is being used is—

     1. (i)

        in the case of a vessel wholly owned by—

        1. (aa)

           an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or

        2. (bb)

           a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and

     2. (ii)

        on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or

  2. (b)

     any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club,

  where, in the case of any vessel referred to in paragraph (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant;

• “Polar Code” means the International Code for Ships Operating in Polar Waters and includes the amendments adopted by IMO Resolution MSC.538(107)^f4;

• “Polar Water Operational Manual” means a manual containing information regarding a ship’s operational capabilities and limitations, and procedures to be followed, in polar waters, in accordance with chapter 2 of part 1-A of the Polar Code;

• “polar waters”^f5 means Arctic waters and the Antarctic Area;

• “skipper” means the person having command of a fishing vessel;

• “United Kingdom ship” has the meaning given to it in section 85(2) of the Merchant Shipping Act 1995.

Any reference in these Regulations to a communication to be given “in writing” includes 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.