The Merchant Shipping (High-Speed Craft) Regulations 1996

Interpretation

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

“cargo craft” means a high-speed craft other than a passenger craft, which is capable of maintaining the main functions and safety systems of unaffected space in any one compartment on board;

“constructed” means a craft the keel of which is laid or which is at a similar stage of construction; and “similar stage of construction” means a stage at which:

(a)

construction identifiable with a specific craft begins: and

(b)

assembly of that craft has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is the less;

“Convention certificates” means a High-Speed Craft Safety Certificate and a Permit to Operate issued in accordance with the High-Speed Craft Code;

“craft” means ships and hovercraft;

“high-speed craft” means a craft capable of a maximum speed in metres per second (m/s) equal to or exceeding:

3.7▽^0.1667

where: ▽=displacement corresponding to the design waterline (m³);

“High-Speed Craft Code” mean the International Code of Safety for High-Speed Craft adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.36(63) and includes any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

“Marine Safety Agency” means the Marine Safety Agency, an executive agency of the Department of Transport;

“Merchant Shipping Notice” means a Notice described as such, and issued by the Marine Safety Agency, and any reference to a particular Merchant Shipping Notice includes reference to a document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

“operational speed” means 90% of the maximum speed of which the craft is capable;

“passenger craft” means craft carrying more than twelve passengers;

“the 1974 SOLAS Convention” means the International Convention for the Safety of Life at Sea 1974, as amended, and modified by its Protocol of 1978, and any amendment of its considered by the Secretary of State to be relevant from time to time and specified in a Merchant Shipping Notice;

“Permit to Operate” means a Permit to Operate a High-Speed Craft referred to in section 1.9 of Chapter 1 of the High-Speed Craft Code;

“United Kingdom high-speed craft” means a high-speed craft which is a United Kingdom ship or a hovercraft registered in the United Kingdom.

(2) Having been made mandatory under regulation 4 below, the language of the High-Speed Craft Code shall be construed accordingly, and in particular “should” shall be construed as “shall”.

(3) Where a high-speed craft is managed by a person other than its owner (whether on behalf of the owner or some other person, or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.

(4) References to proceeding to sea or on a voyage over water include proceeding on or over land, so far as being part of that voyage.

(5) Any approval given in pursuance of these Regulations shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.