3. In the case of a ship of 24 metres in length or over for which the Secretary of State permits the continuing use of a gross tonnage pursuant to regulation 12(1) of the 1997 Regulations, the “gross tonnage” is the smaller of—
(a)the largest gross tonnage permitted for that ship pursuant to regulation 12(1) of the 1997 Regulations; and
(b)the gross tonnage of the ship determined in accordance with regulation 6 of the 1997 Regulations.