The Merchant Shipping (Safety Rules and Standards for Passenger Ships) (Miscellaneous Amendments) Regulations 2018

• Citation: S.I. 2018/53
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Merchant Shipping (Safety Rules and Standards for Passenger Ships) (Miscellaneous Amendments) Regulations 2018 and come into force on 15th February 2018.

Section 2 Amendment of the Merchant Shipping (Survey and Certification) Regulations 2015

In regulation 3 (interpretation) of the Merchant Shipping (Survey and Certification) Regulations 2015 —

(a) for the definition of “the Directive” substitute—

“the Directive” means Directive 2009/45/EC of the European Parliament and of the Council of 6th May 2009 on safety rules and standards for passenger ships ;

(b) for the definition of “pleasure vessel” substitute—

“pleasure vessel” means—

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

in the case of a vessel wholly owned by—

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

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

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

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;.

Section 3 Amendment of the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010

In regulation 3(3)(b) of the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010 , for “ Directive 2009/45/EC ” until the end substitute “ Directive 2009/45/EC of the European Parliament and of the Council of 6th May 2009 on safety rules and standards for passenger ships, or”.

Section 4 Amendment of the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000

(1) The Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) for the definition of “the Directive” substitute—

“the Directive” means Directive 2009/45/EC of the European Parliament and of the Council of 6th May 2009 on safety rules and standards for passenger ships;

(b) omit the definition of “ EEA Agreement”;

(c) for the definition of “EEA State” substitute—

“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978

(d) for paragraph (2A) substitute—

(2A) References in the Directive to Conventions or Codes in their up to date versions which—

(a) relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995;

(b) are considered by the Secretary of State to be relevant from time to time, and

(c) are specified in a Merchant Shipping Note

have effect in so far as they are so specified.