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The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012

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4.—(1) These Regulations apply to all accidents involving or occurring on board—

(a)any United Kingdom ship, except that regulation 6 does 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—

(aa)explosion;

(bb)fire;

(cc)death;

(dd)serious injury;

(ee)capsize of a power-driven craft or boat; or

(ff)severe pollution; or

(b)any other ship within the United Kingdom or United Kingdom waters(1) save that regulations 6, 10(1), 10(2) or 10(3) only apply in relation to such a ship, to which these Regulations apply, if-

(i)it is within the jurisdiction of a harbour master or Queen’s harbour master appointed or required to be appointed, under any enactment;

(ii)it 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 10(1) or 10(2) be preserved; or

(c)any ship which in the opinion of the Chief Inspector involves the substantial interests of the United Kingdom.

(2) A safety investigation may also be held under regulation 8 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.

(3) For the purpose of this regulation, “hired on a bareboat basis” means hired without a professional master, skipper or crew.

(1)

As defined in section 313(2)(a) of the Act.

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