Regulation 2 Interpretation

In these Regulations—

• F1“Directive (EU) 2016/1629” means Directive (EU) 2016/1629 of the European Parliament and of the Council of 14th September 2016 laying down technical requirements for inland waterway vessels, amending Directive 2009/100/EC and repealing Directive 2006/87/EC,

• F2“flag state”, in relation to a vessel, means the state whose flag the vessel is entitled to fly,

• F3...

• “inspector” means a person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Merchant Shipping Act 1995 M1,

• “MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport,

• “Merchant Shipping Notice” means a notice described as such and issued by the MCA, and a reference to a Merchant Shipping Notice includes a reference to a Merchant Shipping Notice, amending or replacing such a Notice, which is stated to be considered by the Secretary of State to be relevant from time to time,

• “passenger” means any person carried in a vessel other than the master, a member of the crew, any other person employed or engaged in any capacity on board the vessel or on the business of the vessel or a child under one year of age,

• F4“passenger vessel” means a day trip or cabin vessel constructed and equipped to carry more than 12 passengers,

• “relevant Convention Certificates” means all of the following certificates—

  1. (a)

     a certificate proving conformity with the International Convention for the Safety of Life at Sea, 1974 M2—

     1. (i)

        as amended in accordance with its Article VIII,

     2. (ii)

        as modified by its Protocols of 1978 M3 and 1988 M4,

     or a certificate which is equivalent to any such certificate and which is specified as such by the Secretary of State in a Merchant Shipping Notice,

  2. (b)

     a certificate proving conformity with the International Convention on Load Lines, 1966 M5, or a certificate which is equivalent to any such certificate and which is specified as such by the Secretary of State in a Merchant Shipping Notice, and

  3. (c)

     an international oil pollution prevention (IOPP) certificate proving conformity with the International Convention for the Prevention of Pollution from Ships, 1973 M6 including its protocols, annexes and appendices and as amended by—

     1. (i)

        the Protocols of 1978 M7 and 1997 M8,

     2. (ii)

        all the amendments adopted by the Marine Environment Protection Committee of the International Maritime Organisation on or before the date on which these Regulations are made, and

     3. (iii)

        any subsequent amendment to that Convention which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice,

     or a certificate which is equivalent to any such certificate and which is specified as such by the Secretary of State in a Merchant Shipping Notice,

• “ship surveyor” means a person who is appointed as a surveyor of ships under section 256(2) of the Merchant Shipping Act 1995;

• F5F6“technical requirements of Annex II” means the technical requirements contained in ES-TRIN standard 2019/1 as referred to in Annex II to Directive (EU) 2016/1629 and as set out in Merchant Shipping Notice MSN 1880(M) Amendment 1 —

  1. (a)

     excluding the transitional provisions contained in Chapter 32 of ES-TRIN standard 2019/1 for craft navigating on the Rhine, but

  2. (b)

     including the transitional provisions contained in Chapter 33 of ES-TRIN standard 2019/1 for craft operating exclusively on waterways outside the Rhine,

• “technical requirements of Annex V” means the technical requirements of Annex V to Directive (EU) 2016/1629 as set out in Merchant Shipping Notice MSN 1881(M), and

• “vessel” includes a hydrofoil boat, a hovercraft and a submersible.

In these Regulations—

For the purposes of these Regulations, a vessel is laid down on the date on which its keel is laid, or on which the vessel is at a stage of construction at which—