3.1.1 The Code has been developed for application
to United Kingdom (UK) vessels of up to 24 metres Load Line length
which are engaged at sea in activities on a commercial basis, which
carry cargo and/or not more than 12 passengers, or provide a service
in which neither cargo nor passengers are carried, or are UK pilot
boats (and any such vessel registered or owned in another country
when it operates from a United Kingdom Port).
3.1.2 The Regulations apply to vessels operated
by proprietors' clubs and associations whether the owner/managing
agent is corporate, private or of a charitable nature.
3.1.3 Pleasure vessels are excepted from the code,
and included in the definition of pleasure vessels are those vessels
wholly owned by or on behalf of a members club. Reference should be
made to the Regulations for a proper description of the conditions
that need to be met for a members' club vessel to claim exception
as a pleasure vessel. Where any exception to the Regulations or the
Code is claimed, the Administration will, if necessary, seek to use
the provisions of section 290 of the Merchant Shipping Act 1995 to
establish the facts.
3.1.4 It is the responsibility of the owner/managing
agent to ensure that a vessel is properly maintained, examined and
manned in accordance with the Code. The Code applies whether the owner/managing
agent is corporate, private or of a charitable nature.
3.1.5 At the date of application of the Code,
any vessel which is in possession of a valid Small Commercial Vessel
Certificate, issued under the Codes of Practice named in Sections 1.2.1, 1.2.2, 1.2.3 and 1.2.4, above,
may continue to be certificated provided they comply with the standards
under which they were examined, unless specifically stated within
this Code (Sections 13.2.2.3, 13.2.3.5 and 16.1.2). Where new equipment is installed, or
the vessel undergoes modification, the standards of the Small Commercial
Vessel and Pilot Boat Code relevant to the change, are to be applied
as far as is practicable.
3.1.6 For a vessel that has been certificated
under the Codes of Practice named in Sections 1.2.1,
1.2.2, 1.2.3 and 1.2.4 above, for which the certification has
lapsed, or has been suspended for no longer than 2 years, certification
may be re-issued provided it complies with the standards under which
it was originally examined. Documentary evidence of the previous certification
should be presented and any modifications during the uncertified period
should be declared. Where new equipment is installed, or the vessel
undergoes modification, the standards of the Small Commercial Vessel
and Pilot Boat Code, relevant to the change, are to be applied as
far as is practicable. A survey will be required, the level of which
will be determined by the Certifying Authority, taking into account
the condition of the vessel, and the period for which the certification
has lapsed, or has been suspended.
3.1.7 A vessel certificated under Sections 3.1.5
or 3.1.6 above, that changes to a more onerous mode or category of
operation, must comply with the section(s) of the Small Commercial
Vessel and Pilot Boat Code applicable to that change of mode or category
of operation.
3.1.8 A sailing vessel certified under Sections
3.1.5 and 3.1.6, having a STOPS numeral previously allowing operation
in Area Categories 0 or 1, but opting to operate in a less onerous
category for equipment or other reasons, shall be allowed to operate
in Area Categories 0 or 1, subject to compliance with the manning
and equipment standards of the Code.
3.1.9 The Merchant Shipping (Small Commercial
Vessels and Pilot Boats) Regulations 2004, under which the Code is
applied, states that "any provision of the Code of Practice which
is expressed in the conditional by the use of the word "should" shall
be deemed to be a requirement".
3.1.10 A vessel to which the Code applies, but
which exceeds the speed/displacement ratio as defined within the 'The
Merchant Shipping (High Speed Craft) Regulations 2004, SI 2004 No.
302', need not be considered under the High Speed Craft Regulations,
if certificated to the requirements of the Code.