The Merchant Shipping (Radio and Radio-Navigational Equipment Survey) Regulations 1991

Citation, commencement, interpretation and revocation

1.—(1) These Regulations may be cited as the Merchant Shipping (Radio and Radio-Navigational Equipment Survey) Regulations 1991 and shall come into force on July 1st 1991.

(2) In these Regulations—

“appointed surveyor ” means a surveyor authorised or appointed to carry out a survey pursuant to these Regulations;

“British Telecom ” means British Telecommunications plc;

“British Telecom surveyor ” means a surveyor appointed by British Telecom to carry out a survey pursuant to these Regulations;

“cargo ship ” means a ship to which the radio rules apply, other than a passenger ship;

“Certifying Authority ” means the person who is to issue a certificate to which a survey carried out pursuant to these Regulations relates;

“Convention State ” means a state which is a party to the Safety Convention;

“passenger certificate ” means a certificate issued pursuant to section 7 of the Merchant Shipping (Safety Convention) Act 1949(1) or regulation 83 of the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984(2);

“prescribed ” means prescribed in regulations made by the Secretary of State;

“proper Authority ” means in relation to a Convention State the authority appointed by the government of that state to carry out its obligations in relation to surveys and certificates;

“proper officer ” means a consular officer appointed by Her Majesty’s Government in the United Kingdom, and in relation to a port in a country outside the United Kingdom which is not a foreign country, also any officer exercising in that port functions similar to those of a superintendent;

“radio certificate ” means a cargo ship safety radiotelegraphy certificate or a cargo ship safety radiotelephony certificate, in either case in the form specified for that certificate in the appendix to the Safety Convention;

“radio-navigational equipment rules ” means Parts III, VI, VII and VIII of the Merchant Shipping (Navigational Equipment) Regulations 1984(3); and “radio- navigational equipment ” means the equipment required by those Parts;

“radio equipment ” means the equipment required by the radio rules other than radio-navigational equipment;

“radio rules ” means the Merchant Shipping (Radio Installations) Regulations 1980(4), the radio-navigational equipment rules and regulations 3(5), 4(11), 11(13), 12(5), 22(8) and 39(1) of the Merchant Shipping (Life-Saving Appliances) Regulations 1980(5) and regulations 5(6), 6(8), 7(9), 8(11) and 10(3) of the Merchant Shipping Life-Saving Appliances) Regulations 1986(6);

“Safety Convention ” means the International Convention for the Safety of Life at Sea 1974;

“tons ” means gross tons and—

(a)

for a ship having an alternative gross tonnage under paragraph 13 of Schedule 5 to the Merchant Shipping (Tonnage) Regulations 1982(7) means the larger of those two tonnages, and

(b)

for a ship having its tonnage determined both under Part II and regulation 16 of those Regulations means its gross tonnage as determined under regulation 16.

(3) The Merchant Shipping (Radio Installations Survey) Regulations 1981(8) are hereby revoked.

(4) Section 33(3) of the Merchant Shipping (Safety Convention) Act 1949 is hereby modified by adding at the end “except in the case of fees payable for services performed by British Telecommunications plc pursuant to the Merchant Shipping (Radio and Radio-Navigational Equipment Survey) Regulations 1991 ”.

(1)

1949 c. 43.

(2)

S.I. 1984/1216, to which there are amendments not relevant to these Regulations.

(3)

S.I. 1984/1203, to which there is an amendment not relevant to these Regulations.

(4)

S.I. 1980/529.

(5)

S.I. 1980/538; relevant amending instrument is S.I. 1991/1300.

(6)

S.I. 1986/1066; relevant amending instrument is S.I. 1991/1300.

(7)

S.I. 1982/841, to which there is an amendment not relevant to these Regulations.

(8)

S.I. 1981/583.