Application3

1

Subject to paragraph (2), these Regulations apply to new passenger ships engaged only on voyages in UK categorised waters.

2

These Regulations do not apply to—

a

high speed craft as defined in regulation 2(1) of the Merchant Shipping (High Speed Craft) Regulations 20044;

b

any ship—

i

the keel of which was laid, or which had reached a similar stage of construction, on a day that falls within the period of two years prior to the operative date;

ii

in respect of which the Secretary of State has issued a determination in writing to the effect that the ship cannot reasonably be expected to comply with the mandatory safety requirements; and

iii

which is made subject to an initial survey under regulation 4(a) of the 1995 Regulations and in respect of which, in consequence of the completion of that survey, a passenger certificate was issued not more than two years after the day referred to in paragraph (i);

c

any ship—

i

that was laid up on a day that falls within the period of five years prior to the operative date;

ii

in respect of which the Secretary of State has issued a determination in writing to the effect that the ship cannot reasonably be expected to comply with the mandatory safety requirements; and

iii

which is made subject to an initial survey under regulation 4(a) of the 1995 Regulations and in respect of which, in consequence of the completion of that survey, a passenger certificate was issued not more than five years after the day it was laid up or two years after the operative date whichever is the earlier;

d

any ship—

i

that was the subject of a major modification commenced on a day that falls within the period of two years prior to the operative date;

ii

in respect of which the Secretary of State has issued a determination in writing to the effect that the ship cannot reasonably be expected to comply with the mandatory safety requirements; and

iii

which is made subject to an initial survey under regulation 4(a) of the 1995 Regulations and in respect of which, in consequence of the completion of that survey, a passenger certificate was issued not more than two years after the day that major modification commenced.

3

For the purpose of this regulation—

a

“the 1995 Regulations” means the Merchant Shipping (Survey and Certification) Regulations 19955;

b

“UK categorised waters” means the waters specified as category A, B, C or D waters in Merchant Shipping Notice 1776 (M);

c

“laid up”, in relation to a ship, means a ship that has been taken out of service and is not the subject of a valid passenger certificate on the operative date;

d

“major modification”, in relation to a ship, means a modification that substantially alters the passenger carrying capacity of that ship or substantially increases the expected life of that ship;

e

“new passenger ship” means a passenger ship in respect of which there does not exist, on the operative date, a valid passenger certificate;

f

“operative date” means the date these Regulations come into force;

g

“passenger certificate” means a certificate issued under regulation 11(a) of the 1995 Regulations;

h

“passenger ship” means a ship carrying more than 12 passengers, however propelled; and

i

“similar stage of construction”, in relation to a ship, means that construction identifiable with a specific ship has begun and assembly of that ship has incorporated 50 tonnes of structural material or 1% of the estimated mass of all structural material, whichever is less.