- applicant
means a person who makes an application for a certificate required by these Regulations;
- bulk cargo
has the same meaning as in regulation 2(1) of the Merchant Shipping (Carriage of Cargoes) Regulations 1999;
- certificate
means a workboat certificate or a pilot boat certificate;
- Certifying Authority
has the meaning given to it in regulation 10 (certifying authorities);
- competent harbour authority
has the meaning given to it in section 1 of the Pilotage Act 1987;
- dedicated pilot boat
means a small vessel used, or intended to be used, solely as a pilot boat;
- incident
means—
- industrial personnel
means a person who is transported or accommodated on board a ship for the purpose of offshore industrial activities performed on board other ships or on offshore facilities;
- load line length
means the greater of the following distances— (a) 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or (b) the length from the fore-side of the stem to the axis of the rudder stock on that waterline, and where the stem contour is concave above the waterline at 85% of the least moulded depth, both the forward terminal of the total length and the fore-side of the stem respectively must be taken at the vertical projection to that waterline of the aftermost point of the stem contour (above that waterline).
- Marine Guidance Note
means a note described as such and issued by the Maritime and Coastguard Agency and includes a reference to any document amending or replacing that note which is considered by the Secretary of State to be relevant from time to time and is specified in a Marine Guidance Note;
- Maritime and Coastguard Agency
means the Maritime and Coastguard Agency, an executive agency of the Department for Transport which operates under that name;
- Merchant Shipping Notice
means a notice described as such and issued by the Maritime and Coastguard Agency 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;
- offshore industrial activities
means the construction, maintenance, decommissioning, operation or servicing of offshore facilities related, but not limited to, exploration and exploitation of resources by the renewable or hydrocarbon energy sectors, aquaculture, ocean mining or similar activities.
- owner
means, in relation to a vessel, the person who owns the vessel, not being the competent harbour authority;
- passenger
means any person carried on a ship except— (a) a person employed or engaged in any capacity on the business of the ship, (b) a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstance that neither the master nor the owner nor the charterer (if any) could have prevented or forestalled,...
- pilot boat
means a small vessel employed, or intended to be employed, in pilotage services;
- pilot boat certificate
means a pilot boat certificate issued in accordance with section 4.3 of the Workboat Code Edition 3;
- pilot boat endorsement
means, in relation to a workboat certificate, an endorsement that authorises the workboat to be operated as a pilot boat;
- qualified person
means— (a) a person who satisfies the judicial appointment eligibility condition on a seven-year basis within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007 (period over which a person is qualified), (b) a person who is an advocate or solicitor in Scotland of at least seven years’ standing, or (c) a person who is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland of at least seven years’ standing.
- 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).
- remote operation centre
means any location other than a remotely operated unmanned vessel from which a remotely operated unmanned vessel is operated;
- remotely operated unmanned vessel
means a small vessel that— (a) is operated from a remote operation centre, and (b) is not carrying any person at the time that it is operated;
- similar stage of construction
means a stage at which— (a) construction identifiable with a specific vessel begins, and (b) assembly of that vessel has commenced, comprising at least 1% of the estimated mass of all structural material;
- small vessel
means a vessel of less than 24 metres in load line length or, in the case of a vessel the keel of which was laid or which was at a similar stage of construction before 21st July 1968, less than 150 tons;
- 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;
- the 1995 Act
means the Merchant Shipping Act 1995;
- the parties
means the applicant and the Certifying Authority, and “party” is to be construed accordingly;
- the relevant inspector
means the person issuing the detention notice pursuant to this regulation.
- tons
means— (a) in the definition of “small vessel”, the gross tons, measured in accordance with the Merchant Shipping (Tonnage) Regulations 1967 as they were in force on 20st July 1968, and (b) in all other cases, gross tons, measured in accordance with regulation 14 (measurement and certification) of the Merchant Shipping (Tonnage) Regulations 1997;
- United Kingdom vessel
has the same meaning as that given in section 85(2) of the 1995 Act in relation to a “United Kingdom ship” which applies as if for each occurrence of the word “ship” there were substituted the word “vessel”;
- voyage
means a journey of any kind;
- workboat
means a small vessel in commercial use other than for sport or pleasure, including a dedicated pilot boat;
- workboat certificate
means a workboat certificate issued in accordance with section 4.3 of the Workboat Code Edition 3;
- Workboat Code Edition 3
means the document entitled “The Workboat Code Edition 3, The Safety of Small Workboats and Pilot Boats — A Code of Practice” published by the Maritime and Coastguard Agency, and includes a reference to any document amending or replacing that document which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.