Explanatory note

United Kingdom

(This note is not part of the Order)

The Merchant Shipping Act 1995 (c. 21) regulates, and confers powers to regulate, United Kingdom ships and ships in United Kingdom waters. The Harbours Act 1964 (c. 40) provides, among other things, for designated harbour authorities to give directions in respect of ships. The Railways and Transport Safety Act 2003 (c. 20) confers power to provide for a provision which is expressed to apply in relation to ships to apply, including with modifications, in relation to specified things which are used, navigated or situated wholly or partly in or on water.

This Order provides for certain provisions of the Merchant Shipping Act 1995 (and of instruments made, or treated as made, under that Act) and of the Harbours Act 1964 as they apply in relation to ships to apply, in some cases with modifications, in relation to watercraft (as defined in article 3). In particular—

(a)

Part 2 applies the following provisions to enable the registration of watercraft on the UK Ship Register as if they are small ships—

(i)

sections 8, 10, 13, 14, 16(3), 21 and 22 of the Merchant Shipping Act 1995;

(ii)

the provisions of the Merchant Shipping (Registration of Ships) Regulations 1993 (S.I. 1993 No. 3138) specified in paragraph 1 of Schedule 1;

(b)

Part 3 applies sections 58, 85, 86, 95 to 97, 100 and 284 of the Merchant Shipping Act 1995 to secure the safe operation of watercraft;

(c)

Part 4 applies sections 40A to 40D of the Harbours Act 1964 to enable designated harbour authorities to give directions in respect of watercraft;

(d)

Part 5 applies—

(i)

sections 256 and 258 of the Merchant Shipping Act 1995 to enable the survey of watercraft;

(ii)

sections 306(1) and (2) and 306A of the Merchant Shipping Act 1995 in respect of powers to make provision under that Act which are applied by this Order in relation to watercraft;

(iii)

in respect of the safe operation of, and the use of distress signals in relation to, watercraft, the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 (S.I. 1996 No. 75);

(iv)

in respect of the registration of emergency position indicating radio beacons carried on watercraft, the provisions of the Merchant Shipping (EPIRB Registration) Regulations 2000 (S.I. 2005 No. 1850) specified in paragraph 2 of Schedule 2.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.