The Merchant Shipping (Watercraft) Order 2023

Article 5

SCHEDULE 1 Application of the Merchant Shipping (Registration of Ships) Regulations 1993 in relation to watercraft

Registration of watercraft: application of the Merchant Shipping (Registration of Ships) Regulations 1993

1.—(1) The following provisions of the Merchant Shipping (Registration of Ships) Regulations 1993(1) apply in relation to watercraft as they apply in relation to ships.

(2) Regulation 2 (the Register), as if in the introductory words of paragraph (1), for “section 1(1) and (2)” there were substituted “section 8(1), (1A) and (2)”.

(3) Regulation 5 (registration on only one Part of the Register).

(4) Regulation 6 (trusts not to be entered).

(5) Regulation 20 (form of application), as if paragraph (2) were omitted.

(6) Regulation 21 (the applicant).

(7) Regulation 24 (applications by bodies corporate).

(8) Regulation 88 (qualification and entitlement to be registered as a small ship on Part III of the Register).

(9) Regulation 89 (persons qualified to be owners of small ships to be registered on Part III of the Register).

(10) Regulation 90 (British connection).

(11) Regulation 91 (disapplication of Schedule 1 to the Act in respect of small ships).

(12) Regulation 92 (applications), as if paragraphs (c) and (ca) were omitted.

(13) Regulation 93 (details to be registered and refusal), as if for paragraph (1) there were substituted—

“(1) The Registrar must register a watercraft and record on the Register the details mentioned in paragraph (1A) if the Registrar is satisfied in respect of an application to register the watercraft that—

(a) the watercraft is eligible to be registered,

(b) the particulars of the watercraft furnished in respect of the application are correct,

(c) the ownership of the watercraft has been sufficiently established, and

(d) the requirements of these Regulations which apply in relation to the watercraft have been complied with.

(1A) The details referred to in paragraph (1) are—

(a) the registration number of the watercraft;

(b) the date of registration;

(c) the date of expiry of the registration in accordance with regulation 96;

(d) a description of the watercraft;

(e) the overall length of the watercraft;

(f) the name and address of every owner of the watercraft.”.

(14) Regulation 94 (certificate of registry).

(15) Regulation 95 (marking).

(16) Regulation 96 (period of registration).

(17) Regulation 97 (renewal).

(18) Regulation 98 (notification of changes to ownership etc.), as if in paragraph (2) the words “the name and” were omitted.

(19) Regulation 99 (supplementary information–production of ship).

(20) Regulation 100 (termination of registration).

(21) Regulation 103 (documents not in the English language to be accompanied by a translation).

(22) Regulation 104 (witnessing of documents).

(23) Regulation 105 (dispensing with declarations).

(24) Regulation 105A (copies of documents).

(25) Regulation 106 (supplementary information).

(26) Regulation 107 (fees).

(27) Regulation 108 (duplicate certificates), as if the reference to “the master” in paragraph (3)(b) includes a reference to “the owner”.

(28) Regulation 109 (custody of certificate).

(29) Regulation 110 (surrender of certificate on termination or expiry of registration).

(30) Regulation 111 (dispensing with production of certificate).

(31) Regulation 113 (removal of marks on cessation of registration), as if “or if a marks removal note has been issued in respect of the ship under regulation 87E,” were omitted.

(32) Regulation 114 (offences), as if the words “or master” in paragraph (2) were omitted.

Interpretation of the Merchant Shipping (Registration of Ships) Regulations 1993

2.—(1) For the purposes of interpreting the applied shipping provisions mentioned in paragraph 1—

(a) each reference to a ship in regulations 5, 6, 88, 92, 93(2), 95, 96, 98 to 100, 106, 108, 109, 110, 111, 113 and 114 is to be read as including a reference to a watercraft;

(b) the definitions of terms contained in regulation 1(2) of the Merchant Shipping (Registration of Ships) Regulations 1993 apply as if—

(i) in the definition of “certificate of registry” the reference to a ship includes a reference to a watercraft;

(ii) in the definition of “fishing vessel” for “vessel within the meaning of paragraph 2(1)(c) of Schedule 4 to” there were substituted “fishing vessel as defined in section 313(1) of”;

(iii) in the definition of “owner” at the end there were inserted “and in relation to watercraft means a person able to satisfy the Registrar that they are the owner”;

(iv) for the definition of “small ship” there were substituted—

““small ship” means—

(a)

a watercraft, or

(b)

a ship which is less than 24 metres in overall length,

which is, or is applying to be, registered under Part 11;.”.

Article 14

SCHEDULE 2 Application of other shipping provisions in relation to watercraft

Application of the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996

1.  The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996(2) apply in relation to watercraft as they apply in relation to ships, as if—

(a) in paragraph (1)(a) of regulation 2 (application)—

(i) the reference to United Kingdom ships includes a reference to watercraft registered in the United Kingdom under the Merchant Shipping Act 1995, and

(ii) the reference to other ships includes a reference to other watercraft;

(b) the references in regulation 5 (exemptions) to any ship or description of ships includes a reference to any watercraft or description of watercraft;

(c) any reference to a master includes a reference to any person for the time being using a watercraft.

Application of the Merchant Shipping (EPIRB Registration) Regulations 2000

2.—(1) The following provisions of the Merchant Shipping (EPIRB Registration) Regulations 2000(3) apply in relation to watercraft as they apply in relation to ships.

(2) Regulation 2 (interpretation), for the purposes of interpreting an applied shipping provision mentioned in this paragraph.

(3) Regulation 4 (competent authority).

(4) Regulation 5 (requirement for EPIRBs to be registered), as if—

(a) in paragraph (1) the reference to every United Kingdom ship includes a reference to every watercraft in United Kingdom waters;

(b) for paragraph (2) there were substituted—

“(2) The registered particulars referred to in paragraph (1) are the following—

(a) EPIRB identification code (if applicable) and its homing frequency;

(b) country where the watercraft is registered;

(c) brief description of the watercraft, including its type and identifying marks;

(d) name, address, telephone and (if applicable) telefax number of emergency contact person ashore;

(e) alternative 24-hour emergency contact telephone number (alternative contact ashore);

(f) capacity of watercraft for carrying persons;

(g) date of last modification of registered particulars.”.

(5) Regulation 6 (change in registered particulars).

(6) Regulation 7 (offences), as if the references to the owner and operator of the ship included reference to the owner (but not the operator) of the watercraft.

(7) Regulation 8 (defence).

(1)

S.I. 1993/3138, amended by S.I. 1994/541, 1994/1328, 1997/2971, 1998/1915 and 2976, 1999/3206, 2011/1043, 2012/1809, 2017/879, 2018/1221 and 1299, 2019/509 and 746, and 2022/203, 241 and 748.

(2)

S.I. 1996/75, as amended by S.I. 2004/302 and 2015/664

(3)

S.I. 2000/1850.