Merchant Shipping
The Merchant Shipping (Watercraft) Order 2023
Made16th January 2023
Laid before Parliament18th January 2023
Coming into force31st March 2023
The Secretary of State makes the following Order in exercise of the powers conferred by section 112(1)(a) and (c), (3) and (5) of the Railways and Transport Safety Act 20031.
In accordance with section 112(7)(c) of that Act, the Secretary of State has consulted such organisations in the United Kingdom as appear to the Secretary of State to be representative of persons who will be affected by this Order.
PART 1 Introductory¶
I21 Citation, commencement, extent and application¶
I12 Interpretation¶
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“the 1995 Act” means the Merchant Shipping Act 19952;
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“applied shipping provision” means a provision applied, together with any modifications made, by this Order;
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“watercraft” has the meaning given in article 3.
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I163 Meaning of “watercraft”¶
PART 2 Registration of watercraft¶
I34 Registration of watercraft: application of the 1995 Act¶
The following provisions of the 1995 Act apply in relation to watercraft as they apply in relation to ships—;
I175 Registration of watercraft: application of the Merchant Shipping (Registration of Ships) Regulations 1993¶
Schedule 1 applies and, in some cases, modifies certain provisions of the Merchant Shipping (Registration of Ships) Regulations 1993 in relation to watercraft.PART 3 Safety of watercraft¶
I46 Conduct endangering watercraft, ships, structures or individuals¶
Section 58 (conduct endangering ships, structures or individuals) applies in relation to watercraft as it applies in relation to ships, as if it read—.
I57 Power to detain dangerously unsafe watercraft¶
The following provisions of the 1995 Act apply in relation to watercraft as they apply in relation to ships—I68 Owner liable for unsafe operation of watercraft¶
Section 10010 (owner liable for unsafe operation of ship) of the 1995 Act applies in relation to watercraft as it applies in relation to ships, as if it read—.
I79 Safety and health regulations¶
Section 8511 (safety and health on ships) of the 1995 Act applies in relation to watercraft as it applies in relation to ships.I810 Safety and health regulations: supplementary provision¶
PART 4 Harbour directions in relation to watercraft¶
I1111 Application of the Harbours Act 1964¶
PART 5 Miscellaneous provisions¶
I912 Appointment and powers of surveyors in relation to watercraft¶
The following provisions of the 1995 Act apply in relation to watercraft as they apply in relation to ships—I1013 Powers to make subordinate legislation under the 1995 Act¶
The following provisions of the 1995 Act apply for the purposes of any power to make subordinate legislation in relation to watercraft conferred by an applied shipping provision as they apply for the purposes of any power to make subordinate legislation in relation to ships conferred by the 1995 Act—I1814 Application of other shipping provisions in relation to watercraft¶
Schedule 2 applies and, in some cases, modifies certain shipping provisions in relation to watercraft.SCHEDULE 1 ¶
Application of the Merchant Shipping (Registration of Ships) Regulations 1993 in relation to watercraft
Article 5
I121 Registration of watercraft: application of the Merchant Shipping (Registration of Ships) Regulations 1993¶
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I132 Interpretation of the Merchant Shipping (Registration of Ships) Regulations 1993¶
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SCHEDULE 2 ¶
Application of other shipping provisions in relation to watercraft
Article 14
I141 Application of the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996¶
The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 199619 apply in relation to watercraft as they apply in relation to ships, as if—I152 Application of the Merchant Shipping (EPIRB Registration) Regulations 2000¶
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3 Application of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025¶
Footnotes
- I1Art. 2 in force at 31.3.2023, see art. 1(1)
- I2Art. 1 in force at 31.3.2023, see art. 1(1)
- I3Art. 4 in force at 31.3.2023, see art. 1(1)
- I4Art. 6 in force at 31.3.2023, see art. 1(1)
- I5Art. 7 in force at 31.3.2023, see art. 1(1)
- I6Art. 8 in force at 31.3.2023, see art. 1(1)
- I7Art. 9 in force at 31.3.2023, see art. 1(1)
- I8Art. 10 in force at 31.3.2023, see art. 1(1)
- I9Art. 12 in force at 31.3.2023, see art. 1(1)
- I10Art. 13 in force at 31.3.2023, see art. 1(1)
- I11Art. 11 in force at 31.3.2023, see art. 1(1)
- I12Sch. 1 para. 1 in force at 31.3.2023, see art. 1(1)
- I13Sch. 1 para. 2 in force at 31.3.2023, see art. 1(1)
- I14Sch. 2 para. 1 in force at 31.3.2023, see art. 1(1)
- I15Sch. 2 para. 2 in force at 31.3.2023, see art. 1(1)
- I16Art. 3 in force at 31.3.2023, see art. 1(1)
- I17Art. 5 in force at 31.3.2023, see art. 1(1)
- I18Art. 14 in force at 31.3.2023, see art. 1(1)
- F1Sch. 2 para. 3 inserted (12.12.2025) by The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 (S.I. 2025/1195), reg. 1(1), Sch. 1 para. 23 (with reg. 4)
- 1
2003 c. 20.
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1995 c. 21.
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Section 313 was amended by paragraph 19(2)(a) to (d) and (3) of Schedule 6 to the Merchant Shipping and Maritime Security Act 1997 (c. 28).
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S.I. 1993/3138.
- 5
Section 313A was inserted by paragraph 20 of Schedule 6 to the Merchant Shipping and Maritime Security Act 1997, and it was amended by section 2(3) of the British Overseas Territories Act (c. 8).
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Section 94 was amended by paragraph 1 of Schedule 1 to the Merchant Shipping and Maritime Security Act 1997.
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Section 95 was amended by paragraph 2 of Schedule 1 to the Merchant Shipping and Maritime Security Act 1997.
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Section 96 was amended by Schedule 4 to the Arbitration Act 1996 (c. 23) and paragraph 26 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c. 15).
- 9
Section 284 was amended by paragraph 5 of Schedule 1 to the Merchant Shipping and Maritime Security Act 1997 and S.I. 2015/664.
- 10
Section 100(3) was amended by paragraph 27(6) of Schedule 4 to S.I. 2015/664.
- 11
Section 85 was amended by section 8(2), (3), (4) and (5) of the Merchant Shipping and Maritime Security Act 1997; section 2(3) of the British Overseas Territories Act 2002; and section 5(4) of the Health Act 2006 (c. 28).
- 12
Section 86 was amended by section 8(6) of the Merchant Shipping and Maritime Security Act 1997.
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1964 c. 40. Sections 40A to 40D were inserted by section 5(1) of the Marine Navigation Act 2013 (c. 23). Amendments to section 40A(4)(a) were made in relation to Wales by section 30(4) of the Wales Act 2017 (c. 4).
- 14
The definition of “harbour” was amended by the Local Government (Scotland) Act 1973 (c. 65) and paragraph 33(a) of Schedule 13 to the 1995 Act.
- 15
Section 258 was amended by paragraph 4(2), (3) and (4) of Schedule 1 to the Merchant Shipping and Maritime Security Act 1997 and paragraph 2(1) of Schedule 10 to the Protection of Freedoms Act 2012 (c. 9).
- 16
Section 306 was amended by paragraph 18(2), (3) and (5) of Schedule 6 to the Merchant Shipping and Maritime and Security Act 1997; section 1(3) of the Wreck Removal Convention Act 2011 (c. 8); and regulation 3(1)(c) of S.I. 1998/2241.
- 17
Section 306A was inserted by section 106 of the Deregulation Act 2015 (c. 20).
- 18
S.I. 1993/3138, amended by S.I. 1994/541, 1994/1328, 1997/2971, 1998/1915 and 2976, 1999/3206, 2011/1043, 2012/1809, 2017/879, 2018/1221 and 1299, 2019/509 and 746, and 2022/203, 241 and 748.
- 19
S.I. 1996/75, as amended by S.I. 2004/302 and 2015/664
- 20
S.I. 2000/1850.