Citation and commencement

1. These Regulations may be cited as the Merchant Shipping (Officer Nationality) Regulations 1995 and shall come into force on 1st August 1995.

Interpretation

2. In these Regulations:

"cruise ship" means a passenger ship of Class I (within the meaning of the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984(4)) certified to carry more than 200 passengers;

"British registered fishing vessel" means a fishing vessel registered in the register of British ships established under section 1 of the Merchant Shipping (Registration, etc.) Act 1993(5);

"length", in relation to a British registered fishing vessel, means the register length shown on the vessel's certificate of registry;

"product tanker" means either an oil tanker constructed for the carriage of petroleum products in bulk or a chemical tanker constructed for the carriage in bulk of any liquid chemical listed in the "International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code)", 1990 Edition, published by the International Maritime Organisation;

"ro-ro ship" means a ship provided with cargo or vehicle spaces in which cargo or vehicles can be loaded and unloaded in a horizontal direction;

"strategic ship" means-

"tons" means gross tons and the tonnage of a ship shall be-

"United Kingdom ship" has the same meaning as in section 21(2) of the Merchant Shipping Act 1979(7).

Strategic ships

3. Without prejudice to the Merchant Shipping (Certification of Deck Officers) Regulations 1985(8), the Merchant Shipping (Certification of Marine Engineer Officers and Licensing of Marine Engine Operators) Regulations 1986(9) or the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984(10), the master of every strategic ship shall be:

(a)a Commonwealth citizen; or

(b)an EEA national; or

(c)a national of a State (other than an EEA State) which is a member of the North Atlantic Treaty Organisation.

Explanatory Note

(This note is not part of the Regulations)

These Regulations require that certain descriptions of United Kingdom ships serving a strategic function (i.e. cruise ships, fishing vessels, product tankers and ro-ro ships) carry as master persons who are Commonwealth citizens or nationals of other EEA States or NATO states. The Regulations apply to such ships of 500 tons or more, and fishing vessels of 24 metres or more in length.

The Regulations replace the nationality restrictions in section 5 of the Aliens Restriction (Amendment) Act 1919 (c. 92), repealed by virtue of the Merchant Shipping Act 1970 (Commencement No. 12) Order 1995 (S.I. 1995 No. 1427).

The maximum penalties for breaches of the Regulations are laid down in the Merchant Shipping Act 1970.

The IBC Code referred to in the definition of "product tanker" may be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR.