The Merchant Shipping (Life-Saving Appliances and Arrangements) Regulations 2020

General application

4.—(1) Subject to paragraphs (2) and (3), these Regulations apply to—

(a) United Kingdom ships, wherever they may be; and

(b) non-United Kingdom ships while they are within United Kingdom waters.

(2) These Regulations do not apply to—

(a) passenger ships of Classes III, IV, V, VI and VI(A);

(b) ships of war and naval auxiliaries;

(c) ships owned or operated by a State and engaged only on governmental non-commercial service;

(d) wooden ships of primitive build;

(e) pleasure vessels of less than 13.7 metres in length;

(f) fishing vessels;

(g) ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian;

(h) non-United Kingdom ships which are pleasure vessels of any size;

(i) high-speed craft to which the Merchant Shipping (High Speed Craft) Regulations 2004(1) apply.

(3) A non-United Kingdom ship flying the flag of a State which is not a party to the Convention is not subject to these Regulations if it would not have been in United Kingdom waters but for stress of weather or any other circumstances which neither the master nor the owner or the charterer could have prevented.

(4) Where persons are on board a ship as a consequence of—

(a) the circumstances described in paragraph (3); or

(b) an obligation laid upon the master to carry shipwrecked or other persons(2),

those persons are not to be taken into account for the purpose of determining the application to that ship of any provision of these Regulations.

(5) For the purposes of this regulation, “non-United Kingdom ship” means any ship other than a United Kingdom ship.

(1)

S.I. 2004/302. The Regulations were amended by S.I. 2004/2883, S.I. 2005/2114, S.I. 2012/2636, S.I. 2016/1025 and prospectively by S.I. 2018/1221. There is another amending instrument which is not relevant.

(2)

Regulation 33 in Chapter V of the Convention (safety of navigation) places an obligation on the master to provide assistance to persons in distress at sea and this obligation is implemented in the Merchant Shipping (Safety of Navigation) Regulations 2002 (S.I. 2002/1473).