The Merchant Shipping (Master’s Discretion) Regulations 1997

• Citation: S.I. 1997/2886
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Merchant Shipping (Master’s Discretion) Regulations 1997 and shall come into force on 31st December 1997.

Section 2 Application

These Regulations apply to—

(a) United Kingdom ships wherever they may be;

(b) ships other than United Kingdom ships while they are within United Kingdom waters; and

(c) hovercraft registered in the United Kingdom wherever they may be.

Section 3 Master’s discretion

The owner, charterer or manager of a ship or any other person shall not prevent or restrict the master of the ship from taking or executing any decision which, in the master’s professional judgement, is necessary for the safe navigation of the ship.

Section 4 Application to hovercraft

In the application of these Regulations to hovercraft, references in regulation 3 above to a ship shall be taken to include references to a hovercraft and references to the master of the ship shall be taken to include references to the captain of the hovercraft.

Section 5 Penalties

Any contravention of these Regulations by any person without reasonable excuse shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years or a fine, or both.

Section 6 Saving

These Regulations shall be without predudice to the rights and powers of pilots and harbour masters exercisable in the performance of their functions.