MERCHANT SHIPPING Citation and commencement 1 These Regulations may be cited as the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 and shall come into force on 23rd October 2000. Interpretation 2 1 In these Regulations— “the Directive” means Directive 2009/45/EC of the European Parliament and of the Council of 6th May 2009 on safety rules and standards for passenger ships; “ Directive 2003/25/EC ” means Directive 2003/25/EC of the European Parliament and of the Council of 14th April 2003 on specific stability requirements for ro-ro passenger ships, “ domestic voyage ” means a voyage in sea areas or sea routes either— from a port in the United Kingdom to the same or another port within the United Kingdom, or from a port of a member State to the same or another port within that member State; ... “ EEA State ” has the meaning given by Schedule 1 to the Interpretation Act 1978 “ Maritime and Coastguard Agency ” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport ; “ Merchant Shipping Notice ” means a Notice described as such, 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 which is considered by the Secretary of State to be relevant from time to time; “ non-United Kingdom passenger ship ” means a passenger ship which is not a United Kingdom ship; “ port waters ” means waters categorised in Merchant Shipping Notice 1837(M) Amendment 2 on the Categorisation of Waters ; “ sea area ” means, in relation to the waters of the United Kingdom, an area as set out by the Secretary of State in accordance with regulation 3A(2) , and, in relation to the waters of a Member State, means an area established by a Member State pursuant to Article 4(2) of the Directive ; “ United Kingdom passenger ship ” means a passenger ship which is a United Kingdom ship . 2 Save where otherwise defined in paragraph (1) , words and expressions specifically given a meaning by article 2 of the Directive shall have the same meaning herein. 2A References in the Directive to Conventions or Codes in their up to date versions which— a relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995; b are considered by the Secretary of State to be relevant from time to time, and c are specified in a Merchant Shipping Notice have effect in so far as they are so specified. 3 Where a ship 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. 4 Any approval, exemption or suspension from operation made by the Secretary of State pursuant to these Regulations 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. Classification of ships 3 For purposes of these Regulations passenger ships engaged on domestic voyages shall be arranged in classes as follows— a Class A ships, being ships engaged solely on domestic voyages in Areas A, B, C and D as defined in regulation 3A(1); b Class B ships, being ships engaged solely on domestic voyages in Areas B, C and D as defined in regulation 3A(1); c Class C ships, being ships engaged solely on domestic voyages in Areas C and D as defined in regulation 3A(1); and d Class D ships, being ships engaged solely on domestic voyages in Area D as defined in regulation 3A(1). Categorisation of sea areas 3A 1 For purposes of these Regulations sea areas are categorised as follows— a Area A is a sea area other than Areas B, C and D; b Area B is a sea area other than Areas A, C and D, the geographical coordinates of which are at no point more than 20 miles from the line of the coast, corresponding to the medium tide height; c Area C is a sea area other than Areas A, B and D, where the probability of significant wave heights exceeding 2.5 metres is less than 10% over a period of one year for all year round operation, or over a specific restricted period of the year for operation exclusively in such period, and the geographical coordinates of which are at any point no more than 5 miles from the line of the coast, corresponding to the medium tide height; d Area D is a sea area other than Areas A, B and C, where the probability of significant wave heights exceeding 1.5 metres is less than 10% over a period of one year for all year round operation, or over a specific restricted period of the year for operation exclusively in such period, and the geographical coordinates of which are at any point no more than 3 miles from the line of the coast, corresponding to the medium tide height. 2 For the purposes of the categorisation of sea areas in accordance with the criteria set out in paragraph (1), the Secretary of State shall— a maintain and update when necessary Merchant Shipping Notice 1747(M), containing a list of sea areas under United Kingdom jurisdiction which includes the limits of the inner border of the sea areas closest to the lines of the coast and the limits of zones for all year round operation and, where appropriate, for periodical operation; and b publish that Merchant Shipping Notice in its updated version and in a public database available on the Internet site of the Maritime and Coastguard Agency. Application 4 1 These Regulations apply to— a United Kingdom passenger ships of Class A, B, C or D of 24 metres or over in length, engaged on domestic voyages; and b non-United Kingdom passenger ships of Class A, B, C or D of 24 metres or over in length, engaged on domestic voyages while they are within United Kingdom waters. 2 These Regulations shall not apply to— a a ship of war or a troopship; b a ship not propelled by mechanical means; ba a sailing ship; c a vessel which is not constructed in steel or equivalent material, and i to which the Merchant Shipping (High Speed Craft) Regulations 2022 do not apply, or ii which is not a dynamically supported craft for the purposes of the Code of Safety for Dynamically Supported Craft adopted by the International Maritime Organisation by means of Resolution A.373(X) on 14th November 1977; d a wooden ship of primitive build; e a traditional ship; f a pleasure yacht or pleasure craft; g ... a high-speed passenger craft to which the Merchant Shipping (High Speed Craft) Regulations 2022 apply; ... h a vessel exclusively engaged in port waters , or i a passenger ship to which Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010 apply, or j a vessel to which the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010 apply ; k an offshore service craft; l an offshore service ship; m a tender . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 For the purposes of the application of these Regulations no account shall be taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled. 5 Subject to paragraph (6) below, paragraph (7) below shall apply to repairs, alterations and modifications of a major character, and related outfitting, carried out to an existing passenger ship. 6 Alterations made to an existing passenger ship which are intended solely to achieve a higher survivability standard shall not be regarded as modifications of a major character. 7 Repairs, alterations and modifications referred to in paragraph (5) above shall comply with the safety requirements of the Directive which apply to a new passenger ship of the same Class and which are relevant to the repair, alteration or modification. Application and amendment of existing Regulations 5 1 In relation to a passenger ship the keel of which was laid before 1st July 1998, the following Regulations do not apply— a the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998 ; b the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 ; c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d the Merchant Shipping (Life-Saving Appliances for Ships of Classes III to VI(A)) Regulations 1999 ; e the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 ; f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . h the Merchant Shipping (Radio Installations) Regulations 1998 ; i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 The Regulations specified in the Schedule to these Regulations shall be amended as specified in that Schedule. Safety requirements 6 1 ... A ship to which these Regulations apply shall comply with the safety requirements specified in the Directive in relation to a ship of its class. 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 In complying with paragraph (1) ... above, as respects construction or maintenance of hull, main and auxiliary machinery and electrical and automatic plant, a ship shall comply with the standards specified in Merchant Shipping Notice 1672 (M + F) Amendment 3 which are relevant to it. 2A In complying with paragraph (1) above a ship used for public transport: a the keel of which was laid or which was at a similar stage of construction on or after 1st October 2004 shall, where practicable, be constructed and equipped, and display signs, based on the guidelines in Annex III to the Directive, b the keel of which was laid or which was at a similar stage of construction before 1st October 2004 shall, if undergoing modification, be constructed and equipped as respects that modification, and display signs as respects that modification, based on the guidelines in Annex III to the directive as far as is reasonable and practicable in economic terms. 3 Where the Secretary of State considers that the operation on a domestic voyage of a ship to which these Regulations apply creates a risk of serious danger to safety of life or property or to the environment, notwithstanding the fact that the ship complies with the requirements of the Directive specified in relation to a ship of its Class, he may, subject to the procedure laid down in paragraph 5 of Article 9 of the Directive— a suspend the ship from operating on domestic voyages in United Kingdom waters; or b impose additional safety conditions upon the continued operation of the ship in United Kingdom waters, until such time as he considers that the danger is removed. 4 It shall be a contravention of these Regulations for a ship to operate in United Kingdom waters— a otherwise than in compliance with any of the requirements of the Directive specified in relation to a ship of its Class; or b in breach of a suspension of the operation of the ship or any conditions on the continued operation of the ship imposed under paragraph (3) above. 5 Subject to paragraph (3) above, the Secretary of State shall not withhold from operation for reasons arising from the Directive, ships engaged on domestic voyages which comply with the requirements of the Directive and any additional requirements imposed in accordance with Article 9(1) of the Directive. Alternative construction, equipment and machinery 7 1 Where these Regulations require that the hull or machinery of a ship shall be constructed in a particular manner, or that particular equipment shall be provided, or particular provision made, the Secretary of State may ... approve the hull or machinery of the ship to be constructed in any other manner or any other equipment to be provided or other provision made, if he is satisfied by trial thereof or otherwise that that other construction or equipment or provision is at least as effective as that required by these Regulations. 2 For the purpose of these Regulations, the results of verifications and tests carried out by the bodies and laboratories of ... EEA States offering suitable and satisfactory guarantees of technical and provisional competence and independence shall be accepted. Stability requirements for ro-ro passenger ships 7A 1 Subject to regulation 7B(2), a ro-ro passenger ship of Class A or B, and a ro-ro passenger ship of Class C the keel of which is laid or which is at a similar stage of construction on or after 1st October 2004, shall carry a certificate, issued as respects a United Kingdom ship by the Secretary of State and as respects any other ship by the administration of the ... third country whose flag it flies, which: a confirms that the ship complies with Article 4 of and Annex I to Directive 2003/25/EC , taking into account in such compliance the guidelines set out in Annex II to Directive 2003/25/EC in so far as those guidelines are practicable and compatible with the design of that ship, and b indicates the highest value of significant wave height up to which the ship satisfies the requirements of Article 4 of and Annex I to Directive 2003/25/EC . 2 A ship to which paragraph (1) applies shall not operate in a sea area with a higher value of significant wave height than that shown on its certificate. Seasonal and short-time period operation 7B 1 Where the operator of a regular service which operates throughout the year wishes to introduce an additional ro-ro passenger ship to which regulation 7A applies onto that service for a period of less than one year, that operator shall give the Secretary of State at least one month’s notice of the proposed operation of the ship. 2 Where: a a ro-ro passenger ship to which regulation 7A applies is being introduced onto a regular service which operates throughout the year following unforeseen circumstances and in order to ensure continuity of service, and b that ship has been inspected in accordance with the Merchant Shipping (Inspections of Ro-Ro Passenger Ships and High-Speed Passenger Craft) Regulations 2023, that ship need not comply with the requirements of regulation 7A, and notice of the proposed operation of that ship is not required in accordance with paragraph (1) above. 3 The operator of a regular service which operates seasonally for a period not exceeding six months in an annual period shall give the Secretary of State three month’s notice of the proposed operation of a ro-ro passenger ship to which regulation 7A applies on the service. 4 Where a regular service which operates seasonally for a period not exceeding six months in an annual period operates under conditions of lower significant wave height than those established for year round operation in Merchant Shipping Notice 1790, the significant wave height value applicable for this shorter time period may be used for determining the height of water on the deck of a ro-ro passenger ship to which regulation 7A applies when applying the stability requirements contained in Article 4 of and Annex I to Directive 2003/25/EC . Safety requirements for persons with reduced mobility 7C The Secretary of State shall: a co-operate with and consult organisations representing persons with reduced mobility on the implementation of the guidelines included in Annex III to the Directive, and b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemptions 8 The Secretary of State may, subject to such conditions as he may specify, exempt classes of ships or individual ships from specified provisions of these Regulations, and may alter or cancel any such exemption. Penalties 9 1 Any contravention of these Regulations other than regulation 7B in respect of a ship shall be an offence by both the owner and the master of that ship punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years or a fine, or both. 1A Any contravention of regulation 7B(1) or (3) of these Regulations by the operator of a regular service shall be an offence by that operator punishable on summary conviction by a fine not exceeding the statutory maximum, and on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both. 2 It shall be a defence for a person charged under these Regulations to show that he took all reasonable steps to avoid the commission of the offence. Detention 10 In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 284(1) to (6) and (8) of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to that ship, as if for the words “this Act” wherever they appear, there were substituted the words “the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000”. Review 11 1 The Secretary of State must from time to time— a carry out a review of regulations 2 to 10, b set out the conclusions of the review in a report, and c publish the report. 2 In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other member states. 3 The report must in particular— a set out the objectives intended to be achieved by the regulatory system established by those regulations, b assess the extent to which those objectives are achieved, and c assess whether those objectives remain appropriate and if so the extent to which they could be achieved with a system that imposes less regulation. 4 The first report under his regulation must be published before 16th November 2017. 5 Reports under this regulation are afterwards to be published at intervals not exceeding five years. Signed by authority of the Secretary of State for the Environment, Transport and the Regions Keith Hill Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions 29th September 2000