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Code of Practice
2. Definitions
In the Code:-
"Accommodation space" means any space, enclosed on all six sides by solid divisions, provided for the use of persons on board;
"Annual examination" means a general or partial examination of the vessel, its machinery, fittings and equipment, as far as can readily be seen, to ascertain that it has been satisfactorily maintained as required by the Code and that arrangements, fittings and equipment provided are as documented in the Compliance Examination and Declaration report form SCV2;
"Authorised person" means a person who by reason of relevant professional qualification, practical experience or expertise is authorised by the Certifying Authority chosen by the owner / managing agent from those listed in the Code to carry out examinations required under section 27 of the Code;
"Bare boat charter" means a charter for which the charterer provides the skipper and crew;
"Category C waters" means waters designated for category C waters in the Merchant Shipping (Categorisation of Waters) Regulations 1992, SI 1992 No. 2356 and Merchant Shipping Notice No. M.1504;
"Category D waters" means waters designated category D waters in the Merchant Shipping (Categorisation of Waters) Regulations 1992 and Merchant Shipping Notice No. M.1504;
"Certificate Authority" means either the Surveyor General's Organisation of the Department of Transport or one of the organisations authorised by the Department of Transport to:-
(a) appoint persons for the purpose of examining vessels and issuing and signing Declarations of Examinations; and
(b) issue Certificates.
The organisations so authorised by the Department are as follows:-
Lloyd's Register of Shipping
Bureau Veritas
American Bureau of Shipping
Det Norske Veritas
Germanischer Lloyd
The Royal Yachting Association
The Yacht Brokers, Designers and Surveyors Association
The Society of Consulting Marine Engineers and Ship Surveyors;
"Charter" means an agreement between the owner / managing agent and another party which allows that other party to operate the vessel, and the "Chartererr" is that other party;
"Code" means this Code;
"Compliance examination" means an examination of the vessel, its machinery, fittings and equipment, by an authorised person to ascertain that the vessel's structure, machinery, equipment and fittings comply with the requirements of the Code. At least part of the examination should be conducted when the vessel is out of the water;
"Crew" means a person employed or engaged in any capacity on board the vessel on the business of the vessel;
"Efficient" in relation to a fitting, piece of equipment or material means that all reasonable and practicable measure have been taken to ensure that it is suitable for the purposes for which it is intended to be used;
"Existing vessel" means a vessel which is not a new vessel;
"Freeboard" means the distance measured vertically downwards from the lowest point of the upper edge of the weather deck to the waterline in still water;
"Length" means the overall length from the foreside of the foremost fixed permanent structure to the aftside of the aftermost fixed permanent structure of the vessel;
"Load Line length" means either 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or the length from the fore side of the stem to the axis of the rudder stock on that waterline, whichever is greater. In a vessel designed with a rake of keel, the waterline on which this length is measured should be parallel to the design waterline;
"Mile" means a nautical mile of 1852 metres;
"Motor vessel" means a power driven vessel which is not a sailing vessel;
"Multihull vessel" means any vessel which in any normally achievable operating trim or heel angle, has a rigid hull structure which penetrates the surface of the sea over more than one separate or discrete area;
"New vessel" means a vessel to which this Code applies, the keel of which was laid or the construction of lay-up was started on or after 1 April, 1994 or an existing vessel not already being a vessel to which the Code applies but obtained and newly used as such a vessel on or after that date;
"Owner / managing agent" means the registered owner or the owner or managing agent of the registered owner or owner or owner ipso facto, as the case may be, and "Owners / managing agents" should be construed accordingly;
"Passenger" means a person carried in a vessel except:
(a) a person employed or engaged in any capacity on board the vessel on the business of the vessel.
(b) A person on board the vessel either in pursuance of the obligation laid upon the skipper to carry shipwrecked, distressed or other persons, or by reason of any circumstances that neither the skipper nor the owner nor the character (if any) could have prevented; and
(c) A child under one year of age.
Reference should be made to Annex 1 which is Merchant Shipping Notice No. M.1194 - The status of persons carried on United Kingdom ships;
"Person" means a person over the age of one year.
"Pleasure vessel" means a vessel so defined in the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1993, SI 1993 No. 1072;
"Safe haven" means a harbour or shelter of any kind which affords entry, subject to prudence in the weather conditions prevailing, and protection from the force of weather;
"Sail training vessel" means a sailing vessel which at the time it is being used is being used either:-
a) to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or
b) to provide instruction in navigation and seamanship for yachtsmen;
"Sailing vessel" means a vessel which is designed to be navigated under wind power alone and for which any motor power provided is an auxiliary means of propulsion and / or which possesses a non-dimensional ration of (sail area) divided by (volume of displacement)2/3 of more than 9;
"Skippered charter" means a charter for which the skipper is provided by the owner / managing agent;
SCV 1 - means the form for an Application for Examination of a vessel other than an existing vessel which is to be phased-in;
SCV 2 - means the report form for a Compliance Examination and Declaration;
SCV3 - means the form for an Application for Phase-in of an existing vessel;
SCV4 - means the form for giving "Notice of Intention" for a vessel which is to phased in and for which an Application for Examination has been made on form SCV3;
"To sea" means beyond category D waters, or category C waters if there are no category D waters;
"United Kingdom vessel" means a ship as defined in section 21(2) of the Merchant Shipping Act 1979;
"Watertight" means capable of preventing the passage of water in either direction;
"Weather deck" means the main deck which is exposed to the elements;
"Weathertight" means capable of preventing the admission of a significant quantity of water into the vessel when subjected to a hose test.
