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4.—(1) These Regulations shall apply to accidents involving or occurring on board—
(a)any United Kingdom ship, except that regulation 6 shall not apply in relation to:
(i)a pleasure vessel,
(ii)a recreational craft which is hired on a bareboat basis, or
(iii)any other craft or boat, other than one carrying passengers, which is in commercial use in a harbour or on an inland waterway and is less than 8 metres overall in length,
unless, in the case of a craft or boat mentioned in sub-paragraphs (ii) or (iii), the accident involves any of the following—
explosion,
fire,
death,
major injury,
capsize of a power-driven craft or boat, or
pollution causing significant harm to the environment; and
(b)any other ship within the United Kingdom or United Kingdom waters, save that regulations 6 and 9(1) to (3) shall only apply in relation to such a ship if—
(i)the ship is within the jurisdiction of a harbour master or Queen’s harbour master appointed, or required to be appointed, under any enactment;
(ii)the ship is employed in carrying passengers to or from a port in the United Kingdom or a place mentioned in sub-paragraph (i); or
(iii)an inspector, or other person acting on behalf of the Chief Inspector, requires that any of the evidence mentioned in regulation 9(1) or (2) be preserved.
(2) These Regulations apply to serious injuries and hazardous incidents as they apply to accidents, except that—
(a)regulation 6 (with the exception of paragraph (5)) and regulation 9 shall not apply to serious injuries; and
(b)regulations 6 and 9 shall not apply to hazardous incidents.
(3) An investigation may also be held under regulation 7 into an accident involving or occurring on board a ship which is not a United Kingdom ship and which at the time of the accident was not within the United Kingdom or United Kingdom waters, if the Secretary of State so determines.
(4) For the purpose of this regulation, “hired on a bareboat basis” means hired without a professional master, skipper or crew.
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