The Merchant Shipping (Port State Control) Regulations 1995

Interpretation of Part I

2.—(1) This Part of these Regulations implements in the United Kingdom Council Directive 95/21/EC(1) concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (in these Regulations referred to as the “Council Directive”).

(2) In these Regulations, unless the context otherwise requires:

“the Act” means the Merchant Shipping Act 1995(2);

“British ship” has the meaning given by section 1 of the Act;

“clear grounds” means evidence which in the professional judgement of an inspector warrants a more detailed inspection of a ship, its equipment or its crew, including in particular criteria listed in Annex III of M. 1639;

“Conventions” means:

• the International Convention on Load Lines, 1966 (LL 66),

• the International Convention for the Safety of Life at Sea, 1974 (SOLAS 74),

• the International Convention for the Prevention of Pollution from Ships, 1973, and the 1978 Protocol relating thereto (MARPOL 73/78),

• the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW 78),

• the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREG 72),

the International Convention on Tonnage Measurement of Ships, 1969 and the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO No 147),

• together with the Protocols and amendments to these Conventions and related Codes of mandatory status, in force at 19 June 1995; and

• a reference to a Convention is a reference to any of the Conventions;

“Convention enactments” means:

(a)

the Act; and

(b)

statutory instruments made, or treated as made, under the Act, (including statutory instruments made, or treated as made, under an Order under the Act) which implement the Conventions;

“expanded inspection” means an inspection as specified in regulation 7.

“fishing vessel” means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;

“flag administration” in relation to a ship means the administration of the State whose flag the ship is entitled to fly;

“inspector” means a person duly authorised by the Secretary of State to carry out inspections required by these Regulations;

“Marine Safety Agency” means the Marine Safety Agency, an executive agency of the Department of Transport;

“Merchant Shipping Notice” means a Notice described as such, issued by the Marine Safety Agency, and reference to a specific Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

“more detailed inspection” means an inspection where the ship, its equipment and crew as a whole or, as appropriate, parts thereof are subjected, in the circumstances specified in regulation 6(3), to an in-depth inspection covering the ship’s construction, equipment, manning, living and working conditions and compliance with on-board operational procedures;

“MOU” means the Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982, as it stands at 19 June 1995;

“M. 1639” means Merchant Shipping Notice No. M. 1639;

“offshore installation” means a fixed or floating platform operating in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964(3);

“owner” includes, in relation to a ship, any operator, manager, charterer or agent of the ship;

“port authority” means a harbour authority within the meaning of the Harbours Act 1964(4), or in Northern Ireland, of the Harbours Act (Northern Ireland) 1970(5), or if there is no such authority, the person having control of the operation of the port;

“ship” includes hovercraft;

“stoppage of an operation” means a formal prohibition of a ship to continue an operation due to established deficiencies which, individually or together, would render the continued operation hazardous.

(1)

OJ No. L 157, 7.7.95, p.1.

(2)

1995 c. 21.

(3)

1964 c. 29.

(4)

1964 c. 40.

(5)

1970 c. 1 (N.I.).