The Merchant Shipping (Submersible Craft Operations) Regulations 1987

These Regulations may be cited as the Merchant Shipping (Submersible Craft Operations) Regulations 1987 and shall come into force on 1st October 1987.

In these Regulations, unless the context otherwise requires—

• “approved doctor” means a doctor approved by the Secretary of State as competent to examine pilots and crew;“casualty” means—

  1. (a)

     loss or presumed loss or abandonment of or damage to a submersible craft or supporting apparatus; or

  2. (b)

     loss of life or serious injury to any person occurring in the course of a submersible operation; or

  3. (c)

     any incident involving serious danger to the life or health of any person in a submersible craft;

• “crew” means the person or persons within the submersible craft required to operate the craft or its equipment;

• “diver lock out submersible craft” means a submersible craft a compartment of which allows underwater access for personnel and with a means of controlling the differential pressure between the inside and outside environment;

• “Diving Operation Regulations” means the Merchant Shipping (Diving Operations) Regulations 1975^f1, the Submarine Pipe-lines (Diving Operations) Regulations 1976^f2, and the Diving Operations at Work Regulations 1981^f3, and, except for the purposes of regulation 12(2), includes any laws or other regulations of other countries having similar effect in such countries or their territorial waters or other waters under their jurisdiction;

• “master” means the person in charge of the parent craft;

• “operations controller” means the person appointed by the owner pursuant to regulation 5(1)(d);

• “operations manual” means the manual referred to in regulation 5(1)(h) and Schedule 1;

• “parent craft” means any vessel, structure or place from which a submersible craft is launched or recovered or from which it is supported or operated;

• “pilot” means the person appointed to command the submersible craft or, in the case of a submersible craft which is an atmospheric diving suit, to operate that diving suit;

• “submersible craft” means any description of manned mobile submersible apparatus which is designed to maintain some or all of its occupants at or near atmospheric pressure including free, self-propelled, tethered, towed or bottom contact propelled apparatus and atmospheric diving suits. A diving bell is not a submersible craft for the purposes of these Regulations; a“diving bell” means any compression chamber which is capable of being manned and is used or designed for use under the surface of water in supporting human life being a chamber in which any occupant is or may be subjected to a pressure of more than 300 millibars above atmospheric pressure during normal operation;

• “submersible operation” means any operation of a submersible craft and its supporting equipment to which these Regulations apply;

• “supporting equipment” means the launching and recovery gear used in connection with a submersible craft;

• “United Kingdom ship” means such a ship as defined in section 21(2) of the 1979 Merchant Shipping Act^f4.

References in the Regulations to the owner of a submersible craft or supporting equipment, are for the purpose of the application of any provisions of these Regulations in relation to any particular submersible craft or supporting equipment, references to the person who at the relevant time has the management of that submersible craft or supporting equipment.

In these Regulations:—

These Regulations apply to every operation of a submersible craft and its supporting equipment—

These Regulations do not apply to submersible operations which are not carried on in the course of or in connection with any trade, or business or by any person for hire or reward.

These Regulations do not affect the operation of any Regulations relating to diving operations from diver lock-out submersible craft.

ensure that no operation or activity which is likely to be a danger to any person engaged in the submersible operation is carried on from or on the parent craft;

before commencing any activity which in his view might affect the safety of the submersible operation, advise the operations controller;

ensure that the area of the parent craft on or from which any part of the submersible operation is carried out is maintained in a condition suitable and safe for that purpose;

ensure that the operations controller is provided before the submersible operation begins and at adequately frequent intervals during the course of such operation with meteorological and oceanological forecasts for the relevant area;

warn the operations controller of the approach of any vessel which is or might become a hazard to the parent craft or the submersible craft;

take such steps as circumstances may require to warn vessels in the vicinity that a submersible operation is in progress from or near the parent craft;

in the event of a casualty ensure notification by the operations controller to the owner as required under regulation 13.

The owner of a submersible craft which is engaged or about to engage in a submersible operation shall make adequate arrangements for the safe conduct of the submersible operation and in particular and without prejudice to the generality of the foregoing shall—

The owner of a submersible craft shall retain the operations log-book referred to in regulation 5(1)(j) for at least two years after the date of the last entry made therein.

The operations controller shall not permit the submersible operations to begin unless—

The operations controller shall ensure that the communications systems referred to in regulation 5(1)(c) are tested at the earliest possible opportunity in the submersible operation and are in good order.

had previous experience in, and is competent in, the operation of the submersible craft which he is to pilot; or

holds a current medical certificate issued not more than 12 months previously by an approved doctor certifying that he is fit to perform the duties of a pilot in that type of submersible craft.

the training dives are being carried out in suitable environmental conditions; and

during the training dives he is continuously under the direct supervision of a person qualified under regulation 9(a) to operate that submersible craft.

so operate the submersible craft as to ensure its safe operation and the safety of any crew and passengers;

carry out the pre- and post-dive checks described in regulation 7;

be fully conversant with the operational and emergency procedures to be adopted and shall brief any passengers and crew accordingly;

ensure that the submersible craft has an adequate reserve of buoyancy and stability;

keep a pilot’s log book, which shall contain his signature and photograph, and enter therein the matters specified in Schedule 3 which entries shall be countersigned after each dive by the operations controller;

retain that pilot’s log book for a period not less than 2 years from the date of the last entry made therein.

Every member of the crew of, and every passenger in or on a submersible craft, subject to the provisions of regulation 2(3) shall—

Every member of the crew shall unless holding a current medical certificate issued pursuant to the relevant Diving Operations Regulations hold a current medical certificate issued not more than 12 months previously by an approved doctor certifying that he is fit to participate in a submersible operation.

in the most expeditious manner practicable immediately inform the owner of the submersible craft when and where it occurred giving him the name of any person killed, lost or injured;

enter in the operations log book the particulars of the casualty as specified in Schedule 4 and sign that entry;

within three days of the casualty deliver a copy of such particulars to the owner of the submersible craft.

upon being informed of a casualty as soon as reasonably practicable give the Secretary of State such information about the casualty as he may have;

within three days of receiving the copy particulars referred to in regulation 13(c) deliver a copy of those particulars together with his own name and address and the name and address of the pilot of the submersible craft to the Secretary of State;

if it comes to his knowledge that any person has died as a result of the casualty, inform the Secretary of State of the death notwithstanding, if such be the case, that he is required to send a return of the death to the Registrar General of Shipping and Seamen.

The owner of a submersible craft shall make a return of every accident, injury or disease (other than an injury already notified under regulation 14) suffered by any person, in connection with or working from the submersible craft who is injured in the course of any submersible operation and by reason of which such person is disabled from work for a continuous period of three days or more.

A return under this regulation—

A person who contravenes any provision of these Regulations shall be guilty of an offence.

The punishment for an offence created by these Regulations shall be—

In proceedings for an offence under this regulation it shall be a defence for the accused to prove—

In any proceedings for an offence under these Regulations an averment in any process of the fact that anything was done or situated within waters to which the Act applies shall, unless the contrary be proved, be sufficient evidence of the fact as stated in the averment.

Any proceedings for an offence under these Regulations may be taken, and the offence be treated for all incidental purposes as having been commmitted, in any place in the United Kingdom.

These Regulations shall apply to persons, whether or not British subjects, and to companies, whether or not incorporated under the law of any part of the United Kingdom.

Wherever the words“this Act” occurs there shall be substituted“this Act as modified by the Merchant Shipping (Submersible Craft Operations) Regulations 1986”.

For section 55 there shall be substituted—

• “(Where any casualty has occurred to which the Merchant Shipping (Submersible Craft Operations) Regulations 1986 apply, the Secretary of State—

  1. (i)

     may cause a preliminary inquiry into the casualty to be held by a person appointed for the purpose by the Secretary of State and any person so appointed shall have the powers conferred on an inspector by section 27 of the Merchant Shipping Act 1979;

  2. (ii)

     may (whether or not a preliminary inquiry into the casualty has been held) cause a formal investigation into the casualty to be held, if in England, Wales or Northern Ireland, by a Wreck Commissioner and, if in Scotland by the Sheriff.”.

In section 56(1) the words“and if any question as to the cancellation or suspension of an officer’s certificate is likely to arise, the assistance of not less than two assessors” shall be omitted.

In section 58(1) the words“for the conduct of inquiries under sections 52 and 54 of this Act and” shall be omitted.

For the words“shipping casualty” and“shipping casualties” wherever they appear there shall be substituted the words“casualty” and“casualties” respectively.

For rule 12 there shall be substituted—

“12

At the end of the formal investigation the wreck commissioner shall make a report on the case to the Secretary of State including his and the assessor's, or assessors', findings as to the reasons for the casualty or incident or as to any particular matter relating thereto, or as to the conduct or any person implicated therein”.