The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025

General interpretation U.K.

3.—(1) In these Regulations—

“certificate of compliance” means a certificate issued in accordance with regulation 9 (issue of certificate of compliance to large vessels);

“Certifying Authority” has the same meaning as in regulation 4 of the Merchant Shipping (Survey and Certification) Regulations 2015(1);

“code of practice” means—

(a)

in relation to a large vessel, Part A of the Red Ensign Group Yacht Code(2) and includes a reference to any document amending or replacing that Code which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

(b)

in relation to a small vessel, the Sport or Pleasure Vessel Code (The Safety of Small Vessels in Commercial Use for Sport or Pleasure - A Code of Practice)(3) and includes a reference to any document amending or replacing that Code which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice,

and any reference in these Regulations to the relevant code of practice is to be construed accordingly;

“intended pleasure vessel” means a vessel which would be a pleasure vessel but for it being engaged on a single seagoing voyage solely for the purpose of—

(a)

the sale of that vessel;

(b)

the repair of that vessel;

(c)

the conduct of sea trials of that vessel; or

(d)

the delivery of that vessel which is only for one of the purposes described in paragraph (a), (b) or (c), and

is a pleasure vessel immediately before and immediately after it is engaged on the single seagoing voyage solely for one of the purposes described in paragraph (a), (b), (c) or (d);

“large vessel” means a vessel which is not a small vessel;

“length” has the meaning in regulation 2(1) of the Merchant Shipping (Load Line) Regulations 1998(4);

“Merchant Shipping Notice” means a notice described as such and issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and 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;

“passenger” means a person other than—

(a)

the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; or

(b)

a child under one year of age;

“pleasure vessel” means—

(a)

any vessel which at the time it is being used is—

(i)

in the case of a vessel wholly owned by—

(aa)

an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or

(bb)

a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and

(ii)

on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or

(b)

any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club,

where, in the case of any vessel referred to in paragraph (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant;

“prescribed fee” means the fee prescribed by the Secretary of State under section 302 of the Merchant Shipping Act 1995 (fees)(5);

“relevant certificate” means—

(a)

in relation to a large vessel, the certificate which was issued following the vessel’s initial survey or last renewal survey;

(b)

in relation to a small vessel, the certificate which was issued following the vessel’s compliance examination or last renewal examination;

“seagoing” means going to sea beyond the limits of category A, B, C or D waters, as categorised in Merchant Shipping Notice 1837(M) Amendment 3(6);

“Small Sport or Pleasure Code Certificate” means a certificate issued in accordance with regulation 13 (issue of small sport or pleasure code certificate to small vessels);

“small vessel” means a vessel of less than 24 metres in load line length or, in the case of a vessel the keel of which was laid or which was at a similar stage of construction before 21st July 1968, less than 150 tons, where “similar stage of construction” means a stage at which—

(a)

construction identifiable with a specific vessel begins; and

(b)

assembly of that vessel has commenced, comprising at least 1% of the estimated mass of all structural material;

“tons” means the gross tons, measured in accordance with the Merchant Shipping (Tonnage) Regulations 1967(7) as in force on 20th July 1968; and

“valid” means in force.

(2) For the purposes of these Regulations—

(a) any provision of the relevant code of practice which is expressed as a thing that “shall” or “should” be done is a requirement;

(b) any reference in the relevant code of practice to “load line length” has the same meaning as “length” as defined in these Regulations;

(c) where a vessel is operated by a person other than its owner, whether on behalf of the owner by a managing agent or some other person, or on that person’s own behalf, a reference to the owner must be construed as including a reference to that person;

(d) a reference to a pleasure vessel includes a vessel which is used as an intended pleasure vessel.

Modifications etc. (not altering text)

C1 Reg. 3 applied (12.12.2025) by S.I. 2023/35, Sch. 2 para. 3 (as inserted by The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 (S.I. 2025/1195), reg. 1(1), Sch. 1 para. 23 (with reg. 4))

Commencement Information

I1 Reg. 3 in force at 12.12.2025, see reg. 1(1)

(1)

S.I. 2015/508, to which there are amendments not relevant to these Regulations.

(2)

Part A of the Red Ensign Group Yacht Code is available on https://www.redensigngroup.org/media/yzlbtkyi/reg-yc-july-2024-edition-part-a.pdf and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(3)

The Sport or Pleasure Vessel Code is available on https://www.gov.uk/government/collections/small-craft-codes-of-practice and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(4)

S.I. 1998/2241, amended by S.I. 2000/1335 and S.I. 2018/155; there is one other amending instrument but it is not relevant.

(5)

The prescribed fee relevant to each individual requirement is found in the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104).

(6)

Merchant Shipping Notice 1837(M) Amendment 3 was published on 22ndApril 2024 and is available on https://www.gov.uk/government/publications/msn-1837-m-amendment-3-categorisation-of-waters and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(7)

S.I. 1967/172; amended by S.I. 1967/1093. This instrument was revoked by S.I. 1982/841 and is available on https://www.legislation.gov.uk/uksi/1967/172/pdfs/uksi_19670172_en.pdf.