The Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998

Interpretation

2.—(1) In these Regulations:

“audit” means a systematic and independent examination to determine whether the safety management system is suitable to meet the objectives set out in Section 1 of the Code, and, so far as the system has been operated, that the system has been implemented effectively. Such audits shall take into account the Guidelines on the Implementation of the ISM Code by Administrations, adopted by IMO pursuant to Assembly Resolution A. 788 (19);

“authorised person” means a person authorised by the Secretary of State to carry out inspections and audits for the purpose of these Regulations and includes any surveyor of ships appointed under section 256 of the Merchant Shipping Act 1995;

“bulk carrier”, “chemical tanker”, “gas carrier”, “high speed craft”, “mobile offshore drilling unit” and “oil tanker” have the meanings given by Regulation 1 of Chapter IX of SOLAS;

“cargo ship” means a cargo ship within the meaning of the Merchant Shipping (Cargo Ship Construction) Regulations 1997(1);

“company” means the owner of a ship to which these Regulations apply or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner;

“Document of Compliance” means the Document of Compliance referred to in Regulation 4 of Chapter IX of SOLAS;

“IMO” means the International Maritime Organisation;

“ISM Code” means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by IMO by Resolution A.741 (18);

“the Maritime and Coastguard Agency (MCA)” means the Maritime and Coastguard Agency, an executive agency of the Department of the Environment, Transport and the Regions;

“Merchant Shipping Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency;

“passenger ships of Classes I, II and II(A)” means passenger ships so classified within the meaning of the Merchant Shipping (Passenger Ship Construction) Regulations 1984(2);

“Safety Management Certificate” means the Safety Management Certificate referred to in Regulation 4 of Chapter IX of SOLAS;

“safety management system” means a structured and documented system enabling company personnel to effectively implement the company safety and environmental protection policy;

“ship” includes hovercraft, and “master” shall be construed accordingly;

“SOLAS” means the International Convention for the Safety of Life at Sea, 1974(3) its Protocol of 1978(4) and its amendments, in force at 1st July 1998;

“tons” has the meaning given in regulation 2(1) of the Merchant Shipping (Cargo Ship Construction) Regulations 1997; and

“United Kingdom ship” means a ship which—

(a)

is a United Kingdom ship within the meaning of section 85(2) of the Merchant Shipping Act 1995; or

(b)

is a hovercraft registered under the Hovercraft Act 1968(5).

(2) Any reference in these Regulations to SOLAS or the ISM Code shall include a reference to any document amending it and specified in a Merchant Shipping Notice.

(3) In interpreting the ISM Code—

(a) the requirements of the ISM Code having been made mandatory under regulation 4 the language thereof shall be construed accordingly; and

(b) references to the Administration shall, in relation to United Kingdom ships, be references to the Secretary of State.

(1)

S.I. 1997/1509.

(2)

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

(3)

Cmnd. 7874.

(4)

Cmnd. 7346.

(5)

1968 c. 59.