Shipping (Survey
and Certification) (Jersey) Order 2013
1 UK
Survey and Certification Regulations to apply in Jersey
(1) Subject
to paragraph (2), the Merchant Shipping (Survey and Certification)
Regulations 1995 of the United Kingdom (as amended by further statutory
instruments of the United Kingdom up to and including the Merchant Shipping
(Passenger Ships on Domestic Voyages) (Amendment) Regulations 2012) (the
“UK 1995 Regulations”) shall apply to Jersey as part of the
law of Jersey.
(2) The
UK 1995 Regulations shall apply –
(a) as if
(except where otherwise indicated by this Order) references in those
Regulations –
(i) to the United
Kingdom, were references to Jersey,
(ii) to
a United Kingdom ship, a United Kingdom passenger ship or a United Kingdom
cargo ship, were references to a Jersey ship of the same kind,
(iii) to
the Secretary of State, were references to the Minister, and
(iv) to
the Maritime and Coastguard Agency, were references to the Minister;
and
(b) as
described and with the further modifications set out in Article 2.
2 Modification
etc. of UK Survey and Certification Regulations
(1) In
Regulation 1(2) of the UK 1995 Regulations –
(a) in
the definition “appropriate certifying authority” for the words
“Secretary of State” in each place in which they occur there shall
be substituted the words “Minister or the Secretary of State”;
(b) after
the definition “EEA State” there shall be inserted the following
definition –
“ ‘high speed passenger craft’ means a
passenger craft capable of a maximum speed in metres per second equal to or
exceeding 3.7∇ 0.1667
where ∇ = the
volume of displacement corresponding to the design waterline (m³),
excluding craft the hull of which is supported clear above the water surface in
non-displacement mode by aerodynamic forces generated by ground effect;”;
(c) in
the definition “Merchant Shipping Notice” –
(i) for the words
“Marine Safety Agency” there shall be substituted the words
“Maritime and Coastguard Agency of the United Kingdom Department for
Transport”, and
(ii) the
reference to “the Secretary of State” shall remain unaffected by
Article 1(2)(a)(iii) of this Order;
(d) after
the definition “mile” there shall be inserted the following
definition –
(e) for
the definition “Passenger Certificate” there shall be substituted
the following definition –
“ ‘Passenger Certificate’ means a certificate
of that name issued pursuant to Regulation 11;”;
(f) in
the definition “proper officer”, references to the United Kingdom
shall remain unaffected by Article 1(2)(a)(i) of this Order;
(g) the
definitions “British Telecom”, “initial survey”,
“Maritime and Coastguard Agency” and “relevant
regulations” shall be omitted.[1]
(2) Paragraphs (4)
to (10) of Regulation 1 of the UK 1995 Regulations shall be omitted.
(3) In
Regulation 2(1A) of the UK 1995 Regulations, for sub-paragraphs (b)
to (e) there shall be substituted the following sub-paragraph –
(4) Regulation 2A
of the UK 1995 Regulations shall be omitted.
(5) In
Regulation 3 of the UK 1995 Regulations, in sub-paragraph (2)(b)(ii),
for the words “surveyor of the Maritime and Coastguard Agency”
there shall be substituted the words “surveyor appointed by the
Minister”.
(6) For
Regulation 4A of the UK 1995 Regulations there shall be substituted
the following –
“4A Surveys of Jersey passenger ships
to which the Directive applies
(1) A Jersey passenger ship
to which the Directive applies shall, before it is put into service, be subject
to a passenger ship initial survey as set out in the Directive.
(2) A Jersey passenger ship
to which the Directive applies shall also be subject to –
(a) a periodical survey;
and
(b) additional surveys,
as set out in the Directive.
(3) In this Regulation,
‘a Jersey passenger ship to which the Directive applies’
means –
(a) a Jersey ship that is a
new passenger ship;
(b) an existing Jersey
passenger ship of 24 metres or more in length; and
(c) a high speed passenger
craft used only in Jersey waters.”.
(7) Regulation 5
of the UK 1995 Regulations shall be omitted.
(8) In
Regulation 8(1) of the UK 1995 Regulations, in sub-paragraph (a)
for the words “regulations 4 to 7” there shall be substituted
the words “Regulations 4, 4A, 6 and 7”.
(9) In
Regulation 9(2) of the UK 1995 Regulations, for the words
“surveyor of the Maritime and Coastguard Agency” there shall be
substituted the words “surveyor appointed by the Minister”.
(10) In
Regulation 10 of the UK 1995 Regulations, in sub-paragraph (b)(iv)
for the words “regulation 5 to 7” there shall be substituted the
words “Regulations 6 and 7”.
(11) In
Regulation 11 of the UK 1995 Regulations, paragraph (b) shall be
omitted.
(12) In
Regulation 12 of the UK 1995 Regulations –
(a) in
paragraph (1), for the words “the Merchant Shipping Acts”
there shall be substituted the words “all relevant maritime legislation
in force at the time in Jersey”;
(b) paragraph (2)
shall be omitted.
(13) In
Regulation 13 of the UK 1995 Regulations, in paragraphs (4) and
(6)(b), for the words “regulations 4 to 7” in each place in
which they occur there shall be substituted the words
“Regulations 4, 4A, 6 and 7”.
(14) In
Regulation 15 of the UK 1995 Regulations, in paragraphs (1), (2)
and (3) for the words “regulations 5 to 7” in each place in
which they occur there shall be substituted the words “Regulations 6
and 7”.
(15) In
Regulation 19(3) of the UK 1995 Regulations, sub-paragraph (f)
shall be omitted.
(16) For
Regulation 21 of the UK Regulations there shall be substituted the
following –
“21 Prohibition on proceeding to
sea without the appropriate documentation
(1) A ship registered in a
country to which the 1974 SOLAS Convention applies shall not proceed to
sea from a port in Jersey unless there are in force such Convention
certificates as would be required if the ship were a Jersey ship. The extension
provisions in Regulation 15 shall apply to such certificates as if the
ship were a Jersey ship and the Government of the country in which the ship is
registered is substituted for the Minister.
(2) A ship registered in a
country to which the 1974 SOLAS Convention does not apply shall not
proceed to sea from a port in Jersey unless the ship is in the possession of
documentation which shows that the ship has been surveyed for compliance with
the appropriate Jersey Regulations.
(3) Where a certificate is
issued subject to conditions, or specifies sea areas in which the ship is
certified to operate, the owner and master shall ensure that all conditions are
complied with or, as the case may be, that the ship operates only in the
specified sea areas.
(4) The master of every
ship shall produce to a customs officer from whom a clearance for the ship is
demanded for an international voyage the certificates or documentation referred
to in this Regulation.
(5) Whenever reasonably
requested to do so, the master of every ship shall produce the certificates or
documentation referred to in this Regulation to a person appointed for that
purpose by the Minister under Article 156(1)(d) of the Shipping
(Jersey) Law 2002.
(6) In this Regulation,
reference to a Convention certificate in respect of a high speed passenger
craft includes reference to the requirement laid down in Regulation 3 of
Chapter X of the 1974 SOLAS Convention.”.
(17) For
Regulation 24 of the UK 1995 Regulations there shall be substituted
the following –
(1) If a ship to which
these Regulations applies proceeds or attempts to proceed to sea or on a voyage
or excursion without complying with a requirement of Regulations 4, 4A, 6
and 7, the owner and master of the ship shall each be guilty of an offence and
liable on conviction to imprisonment for a term not exceeding 2 years or a
fine, or both.
(2) Any contravention of
Regulations 8(1), 21(1) to (4) or 22 shall be an offence by both the owner
and master each of whom shall be liable on conviction to imprisonment for a
term not exceeding 2 years or a fine, or both.
(3) Any contravention of
Regulation 19(3) shall be an offence punishable on conviction by
imprisonment for a term not exceeding 6 months or a fine, or both.
(4) If a ship proceeds to
sea without complying with the requirement in Regulation 20, the owner and
master of the ship shall each be guilty of an offence and liable on conviction
to a fine not exceeding level 3 on the standard scale.
(5) Any contravention of
Regulation 21(5) shall be an offence by the master of the ship who shall
be liable on conviction to a fine not exceeding level 3 on the standard
scale.
(6) Any contravention of
Regulation 23, being an offence corresponding to the offence under section
283 of the Merchant Shipping Act 1894 of the United Kingdom, shall be an
offence by both the owner and master of the ship each of whom shall be liable
on conviction to imprisonment for a term not exceeding 2 years or a fine,
or both.
(7) It shall be a defence
for a person charged with an offence under these Regulations to show that the
person took all reasonable steps to ensure compliance with the relevant
requirement of these Regulations.”.
(18) For
Regulation 25 of the UK 1995 Regulations, there shall be substituted
the following –
In any case where a ship does not comply with the requirements of
these Regulations, the ship shall be liable to be detained and Articles 57
to 61 of the Shipping
(Jersey) Law 2002 (which relate to the
detention of a ship) shall have effect in relation to the ship, subject to the
modification that as though for the words ‘this Law’, wherever they
appear in those provisions, there were substituted the words ‘the Shipping
(Survey and Certification) (Jersey) Order 2013’.”.
(19) In
Regulation 26(3)(b) of the UK 1995 Regulations, for the words
“in Scotland” there shall be substituted the words “in
Jersey, Guernsey or Scotland”.
(20) Regulation 27
of the UK 1995 Regulations shall be omitted.
3 UK
Domestic Voyages Regulations to apply in Jersey
(1) Subject
to paragraph (2), the Merchant Shipping (Passenger Ships on Domestic
Voyages) Regulations 2000 of the United Kingdom (as amended by further
statutory instruments of the United Kingdom up to and including the Merchant
Shipping (Passenger Ships on Domestic Voyages) (Amendment)
Regulations 2012) (the “UK 2000 Regulations”) shall apply
to Jersey as part of the law of Jersey.
(2) The
UK 2000 Regulations shall apply –
(a) as if
(except where otherwise indicated by this Order) references in those
Regulations –
(i) to the United
Kingdom, were references to Jersey,
(ii) to
a United Kingdom ship or a United Kingdom passenger ship, were to a Jersey ship
of the same kind, and
(iii) to
the Secretary of State, were references to the Minister;
and
(b) as
described and with the further modifications set out in Article 4.
4 Modification
etc. of UK Domestic Voyages Regulations
(1) In
Regulation 2(1) of the UK 2000 Regulations –
(a) for
the definition “domestic voyage” there shall be substituted the
following definition –
“ ‘domestic voyage’ means a voyage in sea
areas from a port in Jersey to the same or another port in Jersey;”;
(b) after
the definition “EEA State” there shall be inserted the following
definition –
“ ‘high speed passenger craft’ means a
passenger craft capable of a maximum speed in metres per second equal to or
exceeding 3.7∇ 0.1667
where ∇ = the
volume of displacement corresponding to the design waterline (m³),
excluding craft the hull of which is supported clear above the water surface in
non-displacement mode by aerodynamic forces generated by ground effect;”;
(c) the
definition “Maritime and Coastguard Agency” shall be omitted;
(d) in
the definition “Merchant Shipping Notice” –
(i) after the words
“Maritime and Coastguard Agency” there shall be inserted the words
“of the United Kingdom Department for Transport”, and
(ii) the
reference to “the Secretary of State” shall remain unaffected by
Article 3(2)(a)(iii) of this Order;
(e) after
the definition “Merchant Shipping Notice” there shall be inserted
the following definition –
“ ‘Minister’ means the Minister for
Sustainable Economic Development;”.[2]
(2) For
Regulation 2(2) of the UK 2000 Regulations there shall be substituted
the following paragraph –
“(2) With the exception of the expression
‘domestic voyage’ (which is defined in paragraph (1)), words
and expressions used in these Regulations which also occur in the Directive
shall have the same meaning in these Regulations as they are given by
article 2 of the Directive.”.
(3) For
Regulation 2(2A) of the UK 2000 Regulations there shall be
substituted the following paragraph –
“(2A) References in the Directive to Conventions or
Codes in their up to date versions shall have effect so far as they
are –
(a) considered by the
Minister to be relevant from time to time; and
(b) specified in a Merchant
Shipping Notice.”.
(4) In
Regulation 3 of the UK 2000 Regulations, paragraph (2) shall be
omitted.
(5) In
Regulation 4 of the UK 2000 Regulations –
(a) in
paragraph (1), in sub-paragraphs (b) and (d), the words “within
the United Kingdom” shall be omitted from each place in which they occur;
(b) in
paragraph (2) –
(i) in sub-paragraph (g),
the words “to which the Merchant Shipping (High Speed Craft)
Regulations 2004 apply”, and
(ii) sub-paragraphs (h)
to (j),
shall be omitted.
(6) Regulation 5
of the UK 2000 Regulations shall be omitted.
(7) In
Regulation 6 of the UK 2000 Regulations –
(a) in
paragraph (3), for the word “he” in both places in which it
occurs there shall be substituted the words “the Minister”;
(b) paragraph (5)
shall be omitted.
(8) For
Regulation 7(1) of the UK 2000 Regulations there shall be substituted
the following paragraph –
“(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 Minister may approve the construction of the hull or
machinery in any other manner, or the provision of other equipment or the
making of other provision, if the Minister is satisfied by trial or otherwise
that such other construction or provision is at least as effective as is
required by these Regulations.”.
(9) Regulations 7A,
7B and 7C of the UK 2000 Regulations shall be omitted.
(10) In
Regulation 8 of the UK 2000 Regulations for the words “as he
may specify” there shall be substituted the words “as may be
specified”.
(11) For
Regulations 9 and 10 of the UK 2000 Regulations there shall be
substituted the following –
(1) A contravention of
these Regulations in respect of a ship shall be an offence by both the owner
and the master of the ship for which each shall be liable on conviction to
imprisonment for a term not exceeding 2 years or a fine, or both.
(2) It shall be a defence
for a person charged with an offence under these Regulations to show that the
person took all reasonable steps to avoid committing the offence.
In any case where a ship does not comply with the requirements of
these Regulations, the ship shall be liable to be detained and Articles 57
to 61 of the Shipping
(Jersey) Law 2002 (which relate to the
detention of a ship) shall have effect in relation to the ship, subject to the modification
that as though for the words ‘this Law’, wherever they appear in
those provisions, there were substituted the words ‘the Shipping (Survey
and Certification) (Jersey) Order 2013’.”.
(12) Regulation 11
of, and the Schedule to, the UK 2000 Regulations shall be omitted.
5 Citation
This Order may be cited
as the Shipping (Survey and Certification) (Jersey) Order 2013.