- accreditation certification
means a certificate issued by the United Kingdom national accreditation body, attesting that a conformity assessment body meets the approved body requirements;
- alternative standard
means a standard specified as an alternative to an applicable international standard in any instrument listed in Annex 4 of Merchant Shipping Notice MSN 1874;
- applicable international standards
means the design, construction and performance requirements of the international conventions which equipment must satisfy as set out in Annex 1 or 2 of Merchant Shipping Notice MSN 1874;
- applicable UK standards
means the requirements set out in Annex 3 of Merchant Shipping Notice MSN 1874 for equipment which is not subject to applicable international standards;
- approved body
means a conformity assessment body which has been designated under regulation 4(1);
- approved body requirements
means the requirements set out in Schedule 3;
- authorised representative
means a person who— (a) immediately before IP completion day was established in an EEA state and appointed in accordance with article 13 of the EU Directive;
- ballast water management system
has the meaning given in regulation 2 of the Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022.
- category C waters
has the meaning given in Merchant Shipping Notice MSN 1837(M) as amended;
- clear instructions
means instructions in a form and language which the user easily understands.
- COLREG
means the 1972 Convention on the International Regulations for Preventing Collisions at Sea;
- compliant equipment
means equipment that complies with applicable international standards.
- conformity approval certificate
means a certificate issued pursuant to regulation 10(2);
- conformity assessment
means the equipment assessment used to determine whether equipment listed in Annex 1 of Merchant Shipping Notice MSN 1874 meets the requirements in regulation 5;
- conformity assessment activities
means any activities connected with conformity assessment, including but not limited to calibration, testing, certification and inspection;
- conformity assessment body
means a body that performs conformity assessment activities;
- conformity assessment modules
means the modules referred to in Schedule 2;
- defective equipment
means equipment to which regulation 5 applies, and which complies with the standards which apply to it under regulation 5, but which, in the opinion of the Secretary of State may—
- distributor
means a person in the supply chain, other than the manufacturer or the importer, who makes marine equipment available on the United Kingdom market;
- domestic passenger ship
means a passenger ship which has been issued a certificate to embark on voyages in category C waters or seaward of those waters, but not for international voyages;
- economic operator
means a manufacturer, authorised representative, importer or distributor;
- equipment assessment
means the process of demonstrating whether marine equipment complies with the requirements set out in these Regulations;
- fishing vessel
means a vessel used to catch fish or other living resources of the sea with a registered length of 24 metres or more;
- Government ship
has the meaning given in section 308(4) of the Act;
- IMO
means the International Maritime Organization;
- importer
means a person who— (a) is established in the United Kingdom;
- international conventions
means— (a) the testing standards;
- international voyage
means a a voyage from a port in one country to a port in another country, either of the countries being a country to which SOLAS applies;
- length
means the greater of the following distances— (a) the distance between the fore side of the stem and the axis of the rudder stock;
- making available on the market
means any— (a) supply in the United Kingdom market of marine equipment to a United Kingdom ship;
- manufacturer
means a person who— (a) manufactures marine equipment or has marine equipment designed or manufactured;
- marine equipment
means equipment listed in Annexes 1, 2 or 3 of Merchant Shipping Notice MSN 1874;
- market surveillance
means the measures set out in paragraph 6 of Merchant Shipping Notice MSN 1874.
- MARPOL
means the 1973 International Convention for the Prevention of Pollution from Ships;
- Merchant Shipping Notice
means a notice described as such and issued by the Secretary of State and any reference to a particular Merchant Shipping Notice includes a reference to a Merchant Shipping Notice amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time;
- Merchant Shipping Notice MSN 1874
means the Merchant Shipping Notice MSN 1874 as amended from time to time;
- nominated body
means a person designated as a nominated body under regulation 4(2);
- passenger
means every person on a ship other than— (a) the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship;
- passenger ship
means a ship which carries more than 12 passengers.
- product
means an item of marine equipment;
- production control phase
means the phase of production during which the manufacturer ensures that each item of equipment complies with its United Kingdom conformity approval in accordance with Parts 2 (module D), 3 (module E), 4 (module F) or 5 (module G) of Schedule 2.
- quality system
means a quality system approved under Part 2 or Part 3 of Schedule 2;
- recall
means any measure aimed at achieving the return of marine equipment that has been placed on board a United Kingdom ship or purchased with the intention of being placed on a United Kingdom ship;
- recognised country
means a country, other than the United Kingdom, whose requirements in relation to its national accreditation body, and whose conformity assessment procedures, the Secretary of State is satisfied, taking into account relevant international conventions, are equivalent to those of the United Kingdom;
- relevant equipment
means any equipment to which regulation 5(1) applies or to which regulation 5(1) of the Merchant Shipping (Marine Equipment) Regulations 2016 would have applied at the time the equipment was placed on board the ship if that ship had been a United Kingdom ship at that time.
- relevant period
means a period of at least 10 years from the date that the United Kingdom conformity mark or the EU conformity mark was affixed to the marine equipment concerned and not less than the expected life of that equipment;
- SOLAS
means 1974 the International Convention for the Safety of Life at Sea;
- testing standards
means the testing standards for marine equipment referred to in Annexes 1 and 2 of Merchant Shipping Notice 1874;
- the Act
means the Merchant Shipping Act 1995;
- the Agreement
means the Agreement between the United Kingdom of Great Britain and Northern Ireland and the United States of America on the Mutual Recognition of Certificates of Conformity for Marine Equipment dated 14th February 2019;
- type approval
means approval by a nominated body under regulation 16;
- United Kingdom conformity approval
means approval by an approved body under regulation 10;
- United Kingdom conformity assessment examination
means the part of a conformity assessment procedure in which an approved body examines the technical design of marine equipment and verifies and attests that the technical design of the marine equipment meets the applicable requirements of these Regulations.
- United Kingdom conformity assessment examination certificate
means a certificate issued pursuant to paragraph 6(1) of Schedule 2;
- United Kingdom conformity mark
means the mark affixed to equipment by the manufacturer in accordance with regulation 13;
- United Kingdom declaration of conformity
means a statement issued by the manufacturer in accordance with regulation 12;
- United Kingdom national accreditation body
means the body appointed by the Secretary of State in accordance with Article 4 of GB RAMS.
- United Kingdom ship
means a ship which is— (a) a United Kingdom ship within the meaning of section 85(2) of the Act;
- working day
means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.