The Merchant Shipping (Safety Measures for Ships Carrying Industrial Personnel and Special Personnel) Regulations 2025
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Change 1
4 Application
(1) Subject to paragraphs (2) and (3), these Regulations apply to— (a) cargo ships that carry an aggregate of more than 12 persons consisting of industrial personnel, special personnel and passengers where at least one person is industrial personnel; (b) high speed cargo craft that carry an aggregate of more than 12 persons consisting of industrial personnel, special personnel and passengers where at least one person is industrial personnel; and (c) special purpose ships. (2) These Regulations apply to the ships referred to in paragraph (1) which are— (a) United Kingdom ships, wherever they may be; and (b) non-United Kingdom ships while they are in United Kingdom waters. (3) These Regulations do not apply to— (a) ships of war and naval auxiliary ships; (b) ships owned or operated by a State and engaged only on governmental non-commercial service; (c) fishing vessels; (d) ships not propelled by mechanical means; (e) wooden ships of primitive build; (f) pleasure vessels; (g) ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian; (h) any high speed cargo craft which has been issued with a certificate under regulation 13A(1) of the Merchant Shipping (Survey and Certification) Regulations 2015 (issue of certificates to HSOSC); (i) any ship which has been issued with a certificate under regulation 12(6) of the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023 (issue of certificates to workboats). (4) A non-United Kingdom ship flying the flag of a State which is not a party to the Convention is not subject to these Regulations if it would not have been in United Kingdom waters but for stress of weather or any other circumstances which the master, owner or charterer, if any, could not have prevented. (5) Where persons are on board a ship as a consequence of— (a) the circumstances described in paragraph (4); or (b) an obligation laid upon the master to carry shipwrecked or other persons, those persons are not to be taken into account for the purpose of determining the application to that ship of any provision of these Regulations. (6) For the purposes of this regulation— “fishing vessel” means a ship used for catching fish, whales, seals, walrus or other living resources of the sea; and “pleasure vessel” means— any vessel which at the time it is being used is— in the case of a vessel wholly owned by— an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club, where, in the case of any vessel referred to in paragraph (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant.
4 Application
(1) Subject to paragraphs (2) and (3), these Regulations apply to— (a) cargo ships that carry an aggregate of more than 12 persons consisting of industrial personnel, special personnel and passengers where at least one person is industrial personnel; (b) high speed cargo craft that carry an aggregate of more than 12 persons consisting of industrial personnel, special personnel and passengers where at least one person is industrial personnel; and (c) special purpose ships. (2) These Regulations apply to the ships referred to in paragraph (1) which are— (a) United Kingdom ships, wherever they may be; and (b) non-United Kingdom ships while they are in United Kingdom waters. (3) These Regulations do not apply to— (a) ships of war and naval auxiliary ships; (b) ships owned or operated by a State and engaged only on governmental non-commercial service; (c) fishing vessels; (d) ships not propelled by mechanical means; (e) wooden ships of primitive build; (f) pleasure vessels; (g) ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian; (h) any high speed cargo craft which has been issued with a certificate under regulation 13A(1) of the Merchant Shipping (Survey and Certification) Regulations 2015 (issue of certificates to HSOSC); (i) any ship which has been issued with a certificate under regulation 12(6) of the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023 (issue of certificates to workboats). (4) A non-United Kingdom ship flying the flag of a State which is not a party to the Convention is not subject to these Regulations if it would not have been in United Kingdom waters but for stress of weather or any other circumstances which the master, owner or charterer, if any, could not have prevented. (5) Where persons are on board a ship as a consequence of— (a) the circumstances described in paragraph (4); or (b) an obligation laid upon the master to carry shipwrecked or other persons, those persons are not to be taken into account for the purpose of determining the application to that ship of any provision of these Regulations. (6) For the purposes of this regulation— “fishing vessel” means a ship used for catching fish, whales, seals, walrus or other living resources of the sea; and “pleasure vessel” means— any vessel which at the time it is being used is— in the case of a vessel wholly owned by— an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club, where, in the case of any vessel referred to in paragraph (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant.
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