reg 3 Application
(1) These Regulations shall apply to all activities of workers on ... ships except when— (a) the activity of a worker is on a public service vessel or a vessel engaged in search and rescue; and (b) characteristics of that activity inevitably conflict with a provision of these Regulations, and in such a case there shall be a duty on the employer so far as is reasonably practicable to ensure the health and safety of the worker when performing that activity. (1A) As regards Group A ships, Group B ships and Group C ships— (a) the following provisions, insofar as they apply to workers, also apply to seafarers who are not workers and, insofar as they apply to employers, also apply to shipowners— (i) regulation 4(1)(a); (ii) regulation 5(1); (iii) regulation 7; (iv) regulation 12(1) and (2); (v) regulation 16(1)(b)(iii); (vi) regulation 18(b) and (c); (vii) regulation 19(1)(b)(ii); (viii) regulation 20; (b) in relation to seafarers who are not workers, any obligation imposed by the provisions mentioned in paragraph (a) that would, by virtue of that paragraph, otherwise apply to employers and shipowners applies to shipowners only. (1B) As regards Group D and Group E ships— (a) the following provisions insofar as they apply to workers, also apply to seafarers who are not workers and insofar as they apply to employers, also apply to fishing vessel owners— (i) regulation 4(1)(a), (ii) regulation 5(1), (iii) regulation 7, (iv) regulation 12(1) and 12(2), and (v) regulation 20. (b) in relation to seafarers who are not workers, any obligations imposed by the provisions mentioned in paragraph (a), to the extent that they would, by virtue of that paragraph, apply to employers and fishing vessel owners, apply to fishing vessel owners only. (2) Part II of these Regulations applies as follows— (a) all of the provisions , with the exception of regulation 12A, apply to Group A ships and, ... , to Group D ships; (b) regulations 4, 5, 7 and 12 apply to Group C ships. (2A) Regulation 12A applies to all United Kingdom ships except— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) pleasure vessels; and (c) any vessel to which— (i) the Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010, or (ii) the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010, apply. (3) Part III of these Regulations applies as follows— (a) regulation 13 applies to Group A ships, Group C ships and Group D ships; (b) regulation 13A applies ... to Group A ships and Group D ships . (4) Part IV of these Regulations applies as follows— (a) all of the provisions apply to Group A ships; (b) regulations 15 and 19 apply to Group C ships; and (c) regulations 14, 19 and 20 apply to Group D ships. (5) The provisions in Part V of these Regulations apply to Group A and Group D ships only. (6) Part VI of these Regulations applies as follows— (a) all of the provisions other than regulations 27, 28, 28A, 28B and 29 apply to Group A ships; (b) regulations 28A, 28B and 30 apply to Group B ships; (c) regulations 22, 24 to 26, 27A and 27B apply to Group C ships; (d) all of the provisions other than regulations 27A to 28B apply to Group D ships; (e) regulations 28, 29 and 30 apply to Group E ships. (7) In this regulation— (a) subject to paragraph (8), a “Group A” ship is a United Kingdom ship which is not a fishing vessel, wherever it may be; (b) subject to paragraphs (8) and (9), a “Group B” ship is a sea-going ship which is not a fishing vessel and which is not a United Kingdom ship, which is in United Kingdom waters, where— (i) the MLC has come into force for the State whose flag the ship is entitled to fly; and (ii) the ship carries— (aa) a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or (bb) an interim Maritime Labour Certificate. (c) subject to paragraphs (8) and (9), a “Group C” ship is a sea-going ship which is not a fishing vessel and which is not a United Kingdom ship, which is in United Kingdom waters, where— (i) the MLC has not come into force for the State whose flag the ship is entitled to fly; or (ii) the MLC has come into force for the State whose flag the ship is entitled to fly, but the ship does not carry— (aa) a Maritime Labour Certificate to which a Declaration of Maritime Labour Compliance is attached; or (bb) an interim Maritime Labour Certificate. (d) a “Group D” ship is a fishing vessel which is a United Kingdom ship, wherever it may be; (e) a “Group E” ship is a fishing vessel which is in United Kingdom waters and is not a United Kingdom ship. (8) The following ships are not Group A, Group B or Group C ships— (a) pleasure vessels; (b) ships of traditional build; and (c) warships or naval auxiliaries. (9) Vessels which are not ordinarily engaged in commercial activities are not Group B or Group C ships.