PART I PRELIMINARY

Citation and commencement_I1

1. These Regulations may be cited as the Pleasure Craft (Arrival and Report) Regulations 1996 and shall come into force on 28th June 1996.

Interpretation_I2

2. In these Regulations—

“arrival” means the anchoring, berthing or mooring of a vessel within the limits of a port and “arrive” and cognate expressions shall be construed accordingly;

[^F1 “ CEMA 1979 ” means the Customs and Excise Management Act 1979 ; ^F1]

“notification of arrival” means notification of arrival as referred to in regulation 6(2);

“pleasure craft” means a vessel which, at the time of its arrival in the United Kingdom, is being used for private recreational purposes;

[^F2 “ the Directions ” means directions made by the Commissioners under section 35(1) of CEMA 1979; ^F2]

“the person responsible” means the person on board a vessel under whose command or subject to whose personal direction it has arrived or is intended to arrive as a pleasure craft;

“the prescribed form” means the form prescribed by the Commissioners for the purposes of these Regulations in [^F3 the Directions ^F3] .

Application_I3

3. These Regulations shall apply to a pleasure craft which arrives in the United Kingdom from a place outside the [^F4United Kingdom other than the Isle of Man^F4] .

PART II GENERAL

The flying of the signal flag ‘Q’_I4

4. The person responsible shall cause a yellow flag (the signal flag for ‘Q’ in the International Code of Signals) to be flown on a vessel which it is intended shall arrive as a pleasure craft at all times between the crossing of the limits of a port in the United Kingdom and [^F5 being notified by an officer that the flag may be lowered. ^F5]

Movement of vessels and persons_I5

5.—(1) Subject to paragraph (3) below, no person, after the arrival of a pleasure craft in the United Kingdom, shall move the vessel until report of the vessel has been made in accordance with regulation 6.

(2) Subject to paragraph (4) below, no person who is on board a pleasure craft at the time of its arrival in the United Kingdom shall disembark from the vessel until report of the vessel has been made in accordance with regulation 6, save that such a person may disembark for the purpose of giving notification of arrival and may remain away from the vessel for as long as is reasonable in connection with that purpose.

(3) By way of exception to paragraph (1) above, where a person giving notification of arrival is told that an officer is not to board the vessel, the vessel may be moved as soon as the person giving such notification has been so told.

(4) By way of exception to paragraph (2) above, where a person giving notification of arrival is told that an officer is not to board the vessel, persons may disembark as soon as the person giving such notification has been so told.

(5) Nothing in this regulation shall affect any Act or subordinate legislation relating to public health, having effect in the United Kingdom or any part thereof. In this paragraph, “Act” and“subordinate legislation” have the same respective meanings as in the Interpretation Act 1978 ( 2 ).

PART III PROCEDURE FOR REPORT ON ARRIVAL _I6

6.—(1) The procedure for making report of a pleasure craft which has arrived [^F6or is expected to arrive^F6] in the United Kingdom shall be as set out in paragraphs (2) to (7) below.

[^F7 (2) Subject to paragraph (3), the person responsible or a person acting on behalf of that person (“ P ”), must notify arrival of the vessel to an officer electronically, in person or by telephone as soon as practicable after the arrival of the vessel. ^F7]

(3) Where an officer boards the vessel after its arrival and before notification of arrival has been given, such notification shall not be required with effect from the moment of such boarding.

[^F8 (4) P must submit an arrival report to an officer as soon as practicable after the arrival of the vessel either electronically or using the prescribed form in accordance with paragraph (5).

(5) The prescribed form must be provided to an officer in person or posted to the address specified in the prescribed form.

(6) In advance of the arrival of the vessel, P may meet the requirement—

(a) in paragraph (2), by making a notification of arrival to an officer either electronically or by telephone;

(b) in paragraph (4), by submitting an arrival report to an officer electronically.

(7) Any notification of arrival or arrival report made or submitted under this regulation must contain the particulars and be made or submitted in the form and manner specified in the Directions.^F8]

PART IV REVOCATION _I7

7. The Pleasure Craft (Arrival and Report) Regulations 1990(3) are hereby revoked.

Regulation 3

^F9SCHEDULE THE TERRITORIES REFERRED TO

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