The Recreational Craft Regulations 1996

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1987 Act” means the Consumer Protection Act 1987(1);

“CE marking” means the CE conformity marking referred to in regulation 8 consisting of the initials “CE” taking the form of the specimen given in Schedule 4;

“the Commission” means the Commission of the European Communities;

“component” means any one of the components listed in Schedule 2, whether separate or installed, which is intended for use in recreational craft;

“the Directive” means Directive 94/25/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the member States relating to recreational craft(2);

“enforcement authority” shall be construed in accordance with regulation 15;

“essential safety requirements” means the requirements in Annex I which is set out in Schedule 1;

“harmonised standard” means a technical specification adopted by the European Committee for Standardisation or the European Committee for Electrotechnical Standardisation or both upon a remit from the Commission in accordance with Council Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations(3);

“manufacturer” in respect of a product shall include the builder of that product;

“notified body” shall be construed in accordance with regulation 11;

“placing on the market” includes (except for the purposes of regulations 3(2), 4(f) and (g), 7(2)(b)(i), 7(2)(c), 7(3)(b) and 16(2)) putting into service, and cognate expressions shall be construed accordingly;

“product” means any recreational craft, partly completed recreational craft or component;

“recreational craft” means any boat of any type regardless of its means of propulsion—

(a)

whose hull, when measured in accordance with the appropriate harmonised standards, is not less than 2.5 metres and not more than 24 metres in length; and

(b)

which is intended for sports or leisure purposes;

and “partly completed recreational craft” shall be construed accordingly; and

“transposed harmonised standard” means a standard the reference number of which is published—

(a)

in the United Kingdom, by the Secretary of State in such manner as he considers appropriate; or

(b)

in another member State of the Community,

and which corresponds to a harmonised standard the reference number of which is published in the Official Journal of the European Communities.

(2) In these Regulations—

(a) except for the references to the European Communities in the definition of “the Commission” and in relation to the Official Journal, a reference to the Community includes a reference to the EEA, and a reference to a member State includes a reference to an EEA State: for the purposes of this sub-paragraph—

(i) the “EEA” means the European Economic Area;

(ii) an “EEA State” means a State which is a Contracting Party to the EEA Agreement; and

(iii) the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(4); and

(b) unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference—

(i) to a paragraph in a regulation is a reference to a paragraph in that regulation; and

(ii) to an Annex is a reference to an Annex of the Directive.

(1)

1987 c. 43.

(2)

OJ No. L164, 30.6.94, p. 15.

(3)

OJ No. L109, 26.4.83, p. 8. Council Directive 83/189/EEC was amended by Council Directive 88/182/EEC (OJ No. L81, 26.3.88, p. 75), Commission Decision 92/400/EEC (OJ No. L221, 6.8.92, p. 55) and Directive 94/10/EC of the European Parliament and the Council (OJ No. L100, 19.4.94, p. 30).

(4)

The application of the Directive was extended to the EEA from 1st February 1995 by virtue of Decision 44/94 of the EEA Joint Committee (OJ No. L372, 31.12.94, p. 20) which added a reference to that Directive in a new chapter XXXL to Annex II to the EEA Agreement.