Regulation 2(1)
1. The “gross tonnage” of a United Kingdom ship is to be determined in accordance with paragraphs 3 to 7, and the “gross tonnage” of a ship other than a United Kingdom ship is to be determined in accordance with paragraphs 8 to 10.
2. In this Schedule—
“the 1997 Regulations” means the Merchant Shipping (Tonnage) Regulations 1997(1);
“length overall” and “length” (except in the expression “length overall”) have the same meaning as in the 1997 Regulations; and
“the Tonnage Convention” means the International Convention on Tonnage Measurement of Ships, 1969(2).
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) (use of gross tonnage ascertained under previous Regulations) 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 (gross tonnage) of the 1997 Regulations.
4. In the case of any other ship of 24 metres in length or over, the “gross tonnage” is the gross tonnage of the ship determined in accordance with regulation 6 (gross tonnage) of the 1997 Regulations.
5. In the case of a fishing vessel of 15 metres or more in length overall but less than 24 metres in length, the “gross tonnage” is the tonnage of the vessel determined in accordance with regulations 6 (gross tonnage) and 12C(3) (measurement of smaller fishing vessels) of the 1997 Regulations.
6. In the case of a fishing vessel of less than 15 metres in length overall and less than 24 metres in length, the “gross tonnage” is the Registered Tonnage of the vessel determined in accordance with regulation 7 of the Merchant Shipping (Fishing Vessels – Tonnage) Regulations 1988(4).
7. In the case of any other ship of less than 24 metres in length, the “gross tonnage” is the gross tonnage of the ship determined in accordance with regulation 14(2) (measurement and certification) of the 1997 Regulations.
8. Subject to paragraph 9, in the case of a ship which has a gross tonnage determined in accordance with the Tonnage Convention, the “gross tonnage” is that gross tonnage.
9. Where a ship has a gross tonnage determined in accordance with the Tonnage Convention but the ship’s flag State permits the use of some other gross tonnage, the “gross tonnage” of the ship is the smaller of—
(a)the largest gross tonnage permitted by the flag State to be used for that ship; and
(b)the gross tonnage determined in accordance with the Tonnage Convention.
10. In the case of a ship which does not have a gross tonnage determined in accordance with the Tonnage Convention, the “gross tonnage” is the gross tonnage or equivalent measure determined in accordance with the law of the ship’s flag State (and where the ship has more than one such gross tonnage or equivalent measure, the “gross tonnage” is to be taken as the largest of them).
S.I. 1997/1510, amended by S.I. 1998/1916 and 1999/3206. There are other amendments but none is relevant.
This Convention (“the Tonnage Convention”) was published in Cmnd. 4332 and subsequently in Cmnd. 8716. An electronic copy of the Tonnage Convention is available via the Foreign and Commonwealth Office treaties database (https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=68110). A hard copy of Cmnd. 8716 is available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW (catalogue number: HL/PO/JO/10/11/2156/147).
Regulation 12C was inserted by regulation 2(2) of S.I. 1998/1916.
S.I. 1988/1909, amended by S.I. 1998/1916 and 1999/3206.