- Annex II
means Annex II to the Convention;
- anniversary date
means the day and month of each year which correspond to the date of expiry of a relevant NLS certificate;
- annual survey period
means the period of six months beginning three months before each anniversary date;
- Antarctic area
means the sea area south of latitude 60oS, and “Arctic waters” has the meaning given in regulation 21.2 of Annex II;
- applicant
means a person who makes an application for a survey required by these Regulations;
- appropriate Certifying Authority
means the Secretary of State or any person authorised by the Secretary of State and includes in particular (if so authorised) Lloyd's Register of Shipping, Bureau Veritas, Det Norske Veritas, Germanischer Lloyd, the American Bureau of Shipping, Registro Italiano Navale and Nippon Kaiji Kyokat;
- Arctic waters
has the meaning given in regulation 21.2 of Annex II;
- Cargo Record Book
has the meaning given in regulation 29(1);
- category Z substance
means— (a) any substance which has been categorised in accordance with the provisions of regulation 6 of Annex II and which is indicated in the Pollution Category column of chapter 17 or 18 of the IBC Code as falling within category Z;
- certificated NLS ship
means— (a) a United Kingdom NLS ship which has a valid relevant NLS certificate;
- chemical tanker
means a cargo ship constructed or adapted for the carriage in bulk of any liquid substance listed in Chapter 17 of the IBC Code, but does not include an offshore support vessel or a gas carrier;
- Contracting State
means a State which has consented to be bound by the Convention;
- controlled waters
means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea for the protection and preservation of the marine environment;
- direct replacement
means the direct replacement of equipment and fittings with equipment and fittings that conform with the relevant requirements which apply to that ship.
- final three month period
means the period of three months ending on the date of expiry of the certificate in question;
- foreign State
means a State other than the United Kingdom.
- gas carrier
means a cargo ship— (a) for which a certificate certifying compliance with the IGC Code (an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk) is in force;
- gross tonnage
means gross tonnage as determined in accordance with regulation 6 of the Merchant Shipping (Tonnage) Regulations 1997;
- harbour master
includes a dock master, pier master and any person specifically appointed by a harbour authority (within the meaning of section 151(1) of the 1995 Act) for the purpose of enforcing the provisions of these Regulations;
- IMO
means the International Maritime Organization;
- important repair or renewal
has the meaning given in regulation 14(4).
- in bulk
means directly and without any intermediate form of containment in a tank forming an integral part of, or permanently located in, or on, a ship;
- in writing
includes the provision of such communication by electronic mail, facsimile or similar means which are capable of producing a document containing the text of any communication.
- intermediate survey period
means a period of six months beginning three months before the second or third anniversary date;
- Marine Pollution Emergency Plan
has the meaning given in regulation 30;
- Merchant Shipping Notice
means a Notice described as such, issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport), and includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
- nautical mile
means an international nautical mile of 1,852 metres;
- noxious liquid substance
means— (a) any substance which has been categorised in accordance with the provisions of regulation 6 of Annex II and which is indicated in the Pollution Category column of chapter 17 or 18 of the IBC Code as falling within category X, Y or Z;
- offshore installation
means fixed or floating platforms including drilling rigs, floating production, storage and offloading facilities used for the offshore production and storage of oil or noxious liquid substances, and floating storage units used for the offshore storage of produced oil;
- offshore support vessel
means— (a) a vessel which is primarily engaged in the transport of stores, materials and equipment to and from mobile offshore drilling units, fixed or floating platforms or other similar offshore installations;
- Polar Code
means the International Code for Ships Operating in Polar Waters, consisting of an introduction, parts I-A and II-A and parts I-B and II-B as adopted by IMO Resolutions MSC.385(94) and MEPC.264(68);
- polar waters
means the Antarctic area and Arctic waters and, for the purposes of this definition, the “Antarctic area” means the sea area south of latitude 60oS, and “Arctic waters” has the meaning given in regulation 21.2 of Annex II;
- Procedures and Arrangements Manual
has the meaning given in regulation 28;
- qualified person
means— (a) a person who satisfies the judicial-appointment eligibility condition defined in section 50 of the Tribunals, Courts and Enforcement Act 2007 on a seven-year basis;
- regulatory provision
has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
- relevant NLS certificate
means a certificate drawn up in English and comprising—
- responsible person
means— (a) the Certifying Authority responsible under regulation 15 or 16 for the issue of the relevant NLS certificate in connection with which a survey required by these Regulations is carried out;
- sea
includes any estuary or arm of the sea;
- ship
means a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms;
- Shipboard Marine Pollution Emergency Plan
has the meaning given in regulation 30(4);
- short voyage
means a voyage which— (a) does not exceed 1,000 nautical miles between the last port of call in the country in which the voyage begins and the last port of call in the voyage before beginning any return voyage;
- survey
means a survey carried out by a surveyor;
- surveyor
means a surveyor of ships, or any other person appointed by a Certifying Authority other than the Secretary of State to be a surveyor, and “survey” means a survey carried out by a surveyor;
- the 1995 Act
means the Merchant Shipping Act 1995;
- the Convention
means the International Convention for the Prevention of Pollution from Ships, 1973;
- the original date of expiry
means the date on which a relevant NLS certificate would have expired but for any extension of its period of validity.
- the relevant Guidelines
means the Guidelines for the Development of Shipboard Marine Pollution Emergency Plans For Oil and/or Noxious Liquid Substances in IMO Resolution MEPC.85(44), as adopted on 13th March 2000, and includes any amendment or replacement of those Guidelines which is considered by the Secretary of State to be relevant from time to time and which is specified in a Merchant Shipping Notice.
- the STCW Convention
means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, as amended, and any reference to a Regulation in a numbered Chapter of the Annex to the STCW Convention is a reference to a Regulation contained in the numbered Chapter in Attachment 1 to the Final Act of the 2010 Manila Conference of Parties to the STCW Convention.
- tripartite agreement
means an agreement between—
- United Kingdom NLS ship
means an NLS ship which is a United Kingdom ship;
- United Kingdom ship
means a ship which— (a) is registered in the United Kingdom;