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.