The Merchant Shipping (Tonnage) (Fishing Vessels) (Amendment) Regulations 1998

• Citation: S.I. 1998/1916
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Merchant Shipping (Tonnage) (Fishing Vessels) (Amendment) Regulations 1998 and shall come into force on 4th September 1998.

Section 2 Amendment of the Merchant Shipping (Tonnage) Regulations 1997

The Merchant Shipping (Tonnage) Regulations 1997 shall be amended as follows—

(1) in regulation 2(1) for the definition of “length overall” there shall be substituted—

“length overall” means the distance between the foreside of the foremost fixed permanent structure and the afterside of the aftermost fixed permanent structure; and “fixed permanent structure” includes any portion of the hull which is capable of being detached, but which must be fixed in place during the normal operation of the vessel. It does not include functional arrangements such as safety rails, bowsprits, pulpits, stemhead fittings, rudders, steering gear, outdrives, outboard motors, propulsion machinery, diving platforms, boarding platforms, rubbing strips and fenders.

(2) After regulation 12 the following new Part shall be inserted—

MEASUREMENT OF SMALLER FISHING VESSELS

(12A)

(1) This Part applies to fishing vessels of 15 metres or more in length overall but less than 24 metres in length, registered or to be registered under Part II of the Act for which the ascertainment tonnage is required under Regulations made under section 10 of the Act, with effect—

(a) for vessels first registered on or after 4th September 1998, from the date when such vessels are first registered; and

(b) for vessels first registered before 4th September 1998, from the following dates:

(2) In this Part:

“authorised measurer” means a measurer appointed by an organisation authorised for the purposes of this Part of these Regulations by the Secretary of State.

(12B) A fishing vessel shall be measured by an authorised measurer.

(12C) Regulation 4(2), (3) and (4) and regulations 5 and 6 shall apply for the measurement of tonnage of vessels to which this Part applies as they apply for the purposes of Part II.

(12D) The authorised measurer shall, if it is in order to do so, issue a certificate in an approved form.

(12E) Where alterations are made in the arrangement, construction, capacity, use of spaces, or permitted draught of the vessel such as would cause an increase in the tonnage, the existing measurement shall cease to be valid, any certificate shall be delivered up to and cancelled by the issuer and the owner of the vessel shall make an application for it to be remeasured in accordance with regulation 12B above.

(3) In regulation 16, for “or 14(9)” there shall be substituted “, 12E or 14(9)”.

Section 3 Amendment of the Merchant Shipping (Fishing Vessels—Tonnage) Regulations 1988

The Merchant Shipping (Fishing Vessels—Tonnage) Regulations 1988 shall be amended as follows—

(1) in regulation 2:

(a) for the definition of “Authorised Measurer” there shall be substituted the following—

“Authorised Measurer” means a measurer appointed by an organisation authorised by the Secretary of State for this purpose

(b) the following definition shall be inserted in the appropriate alphabetical position.

“fixed permanent structure” includes any portion of the hull which is capable of being detached, but which must be fixed in place during the normal operation of the vessel. It does not include functional arrangements such as safety rails, bowsprits, pulpits, stemhead fittings, rudders, steering gear, outdrives, outboard motors, propulsion machinery, diving platforms, boarding platforms, rubbing strips and fenders.

(2) in regulation 3, for “the Merchant Shipping Act 1988” the following shall be substituted:

Merchant Shipping Act 1995, other than a fishing vessel to which Part IIA of the Merchant Shipping (Tonnage) Regulations 1997 applies.