Statutory Instrument 1988 No. 641

The Merchant Shipping (Passenger Boarding Cards) (Application to non-UK Ships) Regulations 1988

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1988 No. 641

MERCHANT SHIPPING
SAFETY

The Merchant Shipping (Passenger Boarding Cards) (Application to non-UK Ships) Regulations 1988

Whereas a draft of these Regulations has been laid before Parliament and has been approved by a resolution of each House of Parliament in accordance with section 49(4A) of the Merchant Shipping Act 1979^[1]

Now therefore the Secretary of State, after consultation with the persons referred to in section 22(2) of the Merchant Shipping Act 1979, in exercise of the powers conferred on him by section 21(1)(c), (3), (4), (5) and (6) and section 22(1) of that Act, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

    1.    These Regulations may be cited as the Merchant Shipping (Passenger Boarding Cards) (Application to non-UK Ships) Regulations 1988 and shall come into force on 1st April 1988.

    2.    For the purpose of these Regulations, "passenger ship" means a ship carrying more than 12 passengers and propelled by electricity or other mechanical power, and "passenger" has the meaning given in section 26 of the Merchant Shipping (Safety Convention) Act 1949^[2] .

    3.    The Merchant Shipping (Passenger Boarding Cards) Regulations 1988^[3] (which apply only to United Kingdom passenger ships of Classes II and II(A) within the meaning of the Merchant Shipping (Passenger Construction and Survey) Regulations 1984^[4] ) shall, subject to regulations 4 of these Regulations, apply also to passenger ships of those classes, other than United Kingdom ships, when operating as ships of those classes, while in ports in the United Kingdom in respect of voyages from ports in the United Kingdom.

    4.    Notwithstanding the requirements of regulation 3 of these Regulations, these Regulations shall not apply to any ship by reason of her being within a port in the United Kingdom if she would not have been therein but for stress of weather or any other circumstance which could not have been prevented by the master or the owner or the manager (if any).

Paul Channon

Secretary of State for Transport

28th March 1988

These Regulations apply the requirements of the Merchant Shipping (Passenger Boarding Cards) Regulations 1988 to non-United Kingdom passenger ships operating as passenger ships of Classes II and II(A) in respect of voyages departing from United Kingdom ports. (Those Regulations require the operation of a boarding card system for all voyages on which passengers are carried.)

There is an exemption for non-United Kingdom ships which come into a port in the United Kingdom only because of stress of weather or for similar reasons.

[1] 1979 c. 39. Sections 21(1) and (3) and 49 were amended by section 11 of the Safety at Sea Act 1986 (c. 23) and section 21(6) was amended by section 49(3) of the Criminal Justice Act 1982 (c. 48). back

[2] 1949 c. 43 back

[3] S.I. 1988/191. back

[4] S.I. 1984/1216, to which there are amendments not relevant to these Regulations. back