Regulation 3 Interpretation

The Interpretation Act, 1889, shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament, and as if these Regulations and the Regulations hereby revoked were Acts of Parliament.

In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, respectively, that is to say:—

• “Abel closed test” means a test carried out with the apparatus specified and in the manner described in the Second Schedule to the Petroleum (Consolidation) Act, 1928;

• “approved” means approved for the time being by certificate of the Chief Inspector;

• “asbestos” means any naturally occurring fibrous silicate and any admixture containing any such silicate;

• “available for inspection” means available for inspection by any person using or proposing to use the machinery or plant and by any inspector appointed under the principal Act;

• “certificate of entry” means a certificate which—

  1. (a)

     is given by a person who is a competent analyst and who is competent to give such certificates; and

  2. (b)

     certifies that he has in an adequate and suitable manner tested the atmosphere in the oil-tank or oil-tanks specified in the certificate and found that having regard to all the circumstances of the case, including the likelihood or otherwise of the atmosphere being or becoming dangerous, entry to the oil-tank or oil-tanks without wearing breathing apparatus may in his opinion be permitted;

• “lead paint” means any paint, paste, spray, stopping, filling, or other material used in painting which when treated in the manner described in the First Schedule to these Regulations yields to an aqueous solution of hydrochloric acid a quantity of soluble lead compound exceeding, when calculated as lead monoxide, five per cent. of the dry weight of the portion taken for analysis;

• “lifting appliance” means a crab, winch, pulley block or gin wheel used for raising or lowering and a crane, derrick, sheer-legs, teagle, transporter or runway;

• “lifting gear” means a chain sling, rope sling, plate clamp, ring, link, hook, shackle, swivel or eye-bolt;

• “naked light certificate” means a certificate which—

  1. (a)

     is given by a person who is a competent analyst and who is competent to give such certificates; and

  2. (b)

     certifies that he has in an adequate and suitable manner tested for the presence of inflammable vapour the oil-tank, compartment, space or other part of the vessel specified in the certificate and found it to be free therefrom and that having regard to all the circumstances of the case, including the likelihood or otherwise of the atmosphere becoming inflammable, the use of naked lights, fires, lamps or heated rivets may in his opinion be permitted in the oil-tank, compartment, space or other part of the vessel specified in the certificate;

• “oil” means any liquid which has a flashpoint below two hundred and seventy degrees Fahrenheit (Abel closed test or Pensky-Martens closed test, whichever is appropriate) and also includes lubricating oil, liquid methane, liquid butane and liquid propane;

• “oil-tank” means any tank or compartment in which oil is, or has been, carried as cargo or for use as lubricating oil, as engine fuel or boiler fuel or as fuel for aircraft on board;

• “the operations” means, in relation to a ship or vessel, its construction, reconstruction, repairing, refitting, painting and finishing, the scaling, scurfing or cleaning of its boilers (including combustion chambers or smoke boxes) and the cleaning of its bilges or oil-fuel tanks or any of its tanks last used for carrying oil. For the purpose of this definition the expression “oil” means oil of any description whether or not oil within the meaning of the foregoing definition of that expression;

• “overall depth” means the vertical distance between the uppermost deck at the side of the vessel and the bottom of the keel, measured at the middle of the overall length;

• “Pensky-Martens closed test” means a test carried out with the apparatus specified and in the manner described in British Standard 2839: 1957, as published by the British Standards Institution on 14th March, 1957, including any approved revision thereof;

• “person employed” means a person employed in any of the operations;

• “the principal Act” means the Factories Act, 1937;

• “public dry dock” means a dry dock which is available for hire;

• “safe working load” means the relevant safe working load specified in the latest certificate of test obtained for the purposes of Regulations 34 or 36;

• “ship”, “vessel” and “harbour” have the same meanings as in the Merchant Shipping Act, 1894, except that neither the expression “ship” nor the expression “vessel” shall include a caisson, dock gate or pontoon;

• “shipyard” means any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted or finished;

• “stage” means any temporary platform on or from which persons employed perform work in connection with the operations, but does not include a boatswain's chair;

• “staging” includes any stage, and any upright, thwart, thwart pin, wedge, distance piece, bolt or other appliance or material, not being part of the structure of the vessel, which is used in connection with the support of any stage, and any guard-rails connected with a stage;

• “structure” in Regulations 33, 36, 37 and 38 includes a vessel;

• “tanker” means a vessel constructed or adapted for carrying a cargo of oil in bulk.

References in these Regulations to any enactment shall be construed as references to that enactment as amended by or under any other enactment.