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PART IGENERAL

Application

3.—(1) Part II of these Regulations applies to—

(a)every vessel registered in the United Kingdom which is a passenger ship of Class IV, V, VI or VI(A) according to the classification set out in paragraph (4) of this regulation; and

(b)every vessel registered elsewhere which is a passenger ship of one of the said Classes and carries passengers—

(i)between places in the United Kingdom; or

(ii)on a voyage which begins and ends at the same place in the United Kingdom and on which the ship calls at no place outside the United Kingdom.

(2) It is hereby directed that (to the extent that the provisions of sections 43 to 47 of the Merchant Shipping Act 1970 have not already been extended to vessels of the description mentioned below in this paragraph) the provisions of those sections and of Part II of these Regulations shall apply to—

(a)every vessel of the following description; that is to say, every vessel which—

(i)is entitled to be registered under the Merchant Shipping Act 1894 but is not registered in the United Kingdom or elsewhere;

(ii)is a passenger ship of a Class mentioned in paragraph (1)(a) above; and

(iii)is wholly owned by persons each of whom either is resident in the United Kingdom or is a body corporate which has a principal place of business in the United Kingdom; and

(b)the master and seamen employed in every such vessel.

(3) Parts III and IV of these Regulations apply to every United Kingdom vessel which is a passenger ship of a Class mentioned in paragraph (1)(a) above.

(4) The descriptions of passenger ships within the Classes mentioned in paragraph (1)(a) above are as follows

(5) In paragraphs (1) to (4) above—

“favourable weather” means fine, clear, settled weather with a sea state such as to cause only moderate rolling or pitching;

“passenger ship” means a ship carrying more than 12 passengers;

“restricted period” means a period falling within the following limits—

(a)

from the 1st April to 31st October, both dates inclusive; and

(b)

between one hour before sunrise and one hour after sunset in the case of a vessel fitted with navigation lights conforming to the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989(1), and between sunrise and sunset in the case of any other vessel;

“United Kingdom vessel” has the meaning given to “United Kingdom ship” by section 21(2) of the Merchant Shipping Act 1979.

(6) The requirements of Part II of these Regulations have effect subject to any exemptions given under section 44 of the Merchant Shipping Act 1970.

(1)

S.I. 1989/1798, to which there is an amendment not relevant to these Regulations.