Statutory Instrument 1998 No. 1609

The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998

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© Crown Copyright 1998

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(i) sections 85(1)(a) and (b), (3), (5) to (7), and 86(1) of the said Act[2]; and

(ii) section 302(1) of the said Act,

and of all other powers enabling him in that behalf, with the consent of the Treasury in so far as the Regulations are made under the said section 302(1), hereby makes the following Regulations:

there shall be substituted the following title and number - 

"Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998".

Interpretation
     3.  - (1) In these Regulations:

"Certifying Authority" means the Secretary of State or any other person authorised by him;

"Code of Practice" means the Code of Practice entitled "The Safety of Small Workboats and Pilot Boats - A Code of Practice" published by the Maritime and Coastguard Agency; and any reference to the Code includes a reference to any document amending the Code specified in a Merchant Shipping Notice;

"competent harbour authority" means a body which is a competent harbour authority for the purposes of the Pilotage Act 1987[5];

"dedicated pilot boat" means a vessel used, or intended to be used, solely as a pilot boat;

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993[6];

"EEA State" means a State which is a Contracting Party to the EEA Agreement;

"load line length" means either 96% of the total length on a waterline or 85% of the least moulded depth measured from the top of the keel, or the length from the foreside of the stern to the axis of the rudder stock on that waterline, whichever is the greater; in a vessel designed with a rate of keel 1, the waterline on which this length is measured should be parallel to the design waterline;

"Maritime and Coastguard Agency" means the Maritime and Coastguard Agency, an executive agency of the Department of the Environment, Transport and the Regions;

"Merchant Shipping Notice" means a Notice described as such and issued by the Maritime and Coastguard Agency; and any reference to a particular Merchant Shipping Notice includes a reference to any such document amending or replacing that Notice;

"owner" means, in relation to a vessel, the person who owns the vessel, not being the competent harbour authority;

"pilot boat" means a vessel, of whatever size, employed or intended to be employed in pilotage services;

"small vessel" means a ship of less than 24 metres in load line length;

"small workboat" means a small vessel in commercial use other than for sport or pleasure, including a dedicated pilot boat, not being used as:

(i) a tug or salvage ship;

(ii) a ship engaged in the surveying of harbours or the approaches thereto; or

(iii) a hopper barge or dredger;

"surveyor" means a marine surveyor nominated by the Secretary of State to undertake the surveys required by these Regulations and includes any marine surveyor of the Department of the Environment, Transport and the Regions;

"vessel in commercial use" includes any vessel, including any pleasure vessel within the meaning of regulation 3 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993[7], while it is in possession of a broker, ship repairer or other such person for the purposes of his business.

    (2) Where a vessel is managed by a person other than the owner (whether on behalf of the owner or some other person, or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that person.

    (3) Any approval or exemption given pursuant to these Regulations or the Code of Practice shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.

Application
     4.  - (1) Subject to paragraph (2) below, these Regulations shall apply to - 

(a) small workboats which are United Kingdom ships wherever they may be;

(b) other small workboats operating from United Kingdom ports whilst in United Kingdom waters; and

(c) pilot boats, not being small workboats, which are United Kingdom ships wherever they may be.

    (2) Regulation 5 shall not apply to - 

(a) dedicated pilot boats, of whatever size; or

(b) pilot boats which are not small workboats.

    (3) Following the completion of any survey of a boat required by the Code of Practice, no material change shall be made to the boat, its machinery or equipment without the prior approval of the Certifying Authority.

Exemptions under Part III
     7. The Secretary of State may exempt any pilot boat from any or all of the provisions of this Part on such terms, if any, as he may specify if he is satisfied that compliance with such provision is either impracticable or unreasonable in the case of that pilot boat and may, subject to giving reasonable notice, alter or cancel any such exemption.

[2] Sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), section 8.back

[3] S.I. 1991/65.back

[4] S.I. 1996/3243, to which there are amendments not relevant to these Regulations.back

[5] 1987 c. 21.back

[6] Cmnd. 2073.back

[7] S.I. 1993/1072.back

[8] Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), Schedule 1.back