2 Definitions

 “ Aviation Inspection Body” for United Kingdom see Ensign website for a current list of current approved bodies.

 "Merchant Shipping Notice", "Marine Guidance Notes" and Marine Information Notes means Notices/Notes described as such and issued by the Maritime and Coastguard Agency; and any reference to a particular Notice/Note includes a reference to any document amending or replacing that Notice/Note which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice/Note;

 "Minimum Age of Trainees"

A trainee may only sail on a vessel in which it can reasonably be expected that he or she is physically and mentally capable of safely taking part in the operation of the vessel. There should be specific documented provisions in place to cover the health, safety, and welfare of the trainees. Safety management tools, such as formal safety assessment (FSA) techniques may be useful when considering the acceptable age of a trainee for a specific vessel, voyage or operating area/condition. Due consideration must also be given to the profile and balance of the crew for each voyage taking into account to age and sex of the trainees. In any event a trainee should not be less than 12 years of age and any person below this age must be considered as a passenger.

 "pleasure vessel" has the same meaning as in The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 SI 1998/2771, as amended, as follows.

• "pleasure vessel" means

  • (a) any vessel which at the time it is being used is:

    • (i)

      • (aa) in the case of a vessel wholly owned by an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or

      • (bb) in the case of a vessel owned by a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and

    • (ii) on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or

  • (b) any vessel wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club; and

  • (c) in the case of any vessel referred to in paragraphs (a) or (b) above no other payments are made by or on behalf of users of the vessel, other than by the owner.

  In this definition "immediate family" means-

  in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual's spouse or civil partner; and "relative" means brother, sister, ancestor or lineal descendant;

 “Seafarer” means any person, including the master, who is employed or engaged or works in any capacity on board a ship on the business of the ship but does not include a person who -

• (a) is training in a sail training vessel; or

• (b) is onboard a sail training vessel other than for training but –

  • (i) is not engaged in or responsible for the navigation of the vessels; and

  • (ii) has no emergency safety responsibilities on the vessel.

 "To Sea" means beyond Category D Waters, or Category C waters if there are no Category D waters.