s.2Interpretation
2
Section 2Part 1 — PRELIMINARY

Interpretation

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In this Act —
"as extended to the Islands" means as extended or applied by the United Kingdom to the Islands;
"British citizen", "British Overseas Territories citizen", "British Overseas citizen" and "Commonwealth citizen" have the same meanings as in the British Nationality Act 1981 of the United Kingdom;
"British Overseas Territory" means any of the following territories —
Anguilla;
British Antarctic Territory;
Bermuda;
British Indian Ocean Territory;
British Virgin Islands;
Cayman Islands;
Falkland Islands;
Gibraltar;
Montserrat;
Pitcairn Islands (including Henderson, Oeno and Ducie Islands);
Saint Helena and Dependencies (Ascension Island and Tristan de Cunha);
Turks and Caicos Islands;
South Georgia and South Sandwich Islands; and
Sovereign Base Areas on Cyprus;
"British ship" has the meaning given in section 1(1) of the Merchant Shipping Act 1995 of the United Kingdom;
"Cayman Islands citizen" means a British Overseas Territories citizen by virtue of a connection with the Islands, and, for the purposes of this Act, includes an individual who, under the laws of the Islands, possesses Caymanian status or is a permanent resident of the Islands;
"Cayman Islands ship" means a ship registered in the Islands under this Act, and "Cayman Islands vessel" and "Cayman Islands fishing vessel" shall be construed accordingly;
"Cayman Islands waters" mean the sea or other waters within the seaward limits of the territorial sea of the Islands;
"Chief Executive Officer" means the Chief Executive Officer appointed under section 9(1) of the Maritime Authority Act (2013 Revision);
"Collision Convention" or "COLREG" means the International Convention on Regulations for the Prevention of Collisions at Sea 1972 and the rules and annexes contained in that Convention, as amended, modified or replaced from time to time and as extended to the Islands;
"commissioned military officer" means a commissioned officer in His Majesty's land forces on full pay;
"commissioned naval officer" means a commissioned officer in His Majesty's Navy on full pay;
"Consular officer", in relation to a foreign country, means the officer recognised by His Majesty as a consular officer of that foreign country;
"contravention" includes failure to comply (and "failure" includes refusal);
"Court" means the Grand Court;
"Crown Dependency" means any of the Channel Islands or the Isle of Man;
"discharge or escape" in relation to pollution damage, means the discharge or escape of oil from the ship
"fishing vessel" means a vessel for the time being used or, intended to be used, for or in connection with fishing for commercial purposes but does not include fishing for sport for which a fee is paid;
"foreign", in relation to a ship, means a ship which is not a Cayman Islands ship;
"Government" means the Government of the Cayman Islands;
"Government ship" means a ship owned by the Government or held by a person on behalf of or for the benefit of the Government;
"harbour" includes estuaries, navigable rivers, piers, jetties and other works in or at which ships can obtain shelter or ship and unship goods or passengers;
immediate family" means, in relation to an individual, the husband, wife or civil partner of the individual, or a relative of the individual, or of the individual's husband, wife or civil partner;
"international agreement" includes a treaty, convention and protocol;
"ISPS code" means the International Ship and Port Facility Security Code;
"length" has the same meaning as in the tonnage regulations;
"Maritime Authority" means the Maritime Authority of the Cayman Islands as established under the Maritime Authority Act (2013 Revision);
"Maritime Labour Convention" means the Maritime Labour Convention 2006 as amended, modified or replaced from time to time and as extended to the Islands;
"master" includes every person (except a pilot) having command or charge of a ship and, in relation to a fishing vessel, means the skipper;
"mile" means an international nautical mile of 1,852 metres;
"Minister" means the Member of Cabinet responsible for merchant shipping and seafarers;
"Organization" means the International Maritime Organization;
"owner", other than in Chapter 1 of Part 14, in relation to a ship, or "shipowner" means, in respect of a registered ship, the registered owner and includes a demise charterer and a managing owner or a managing agent;
"passenger" means a person carried on a ship except —
a person employed or engaged in any capacity on the business of the ship;
a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstance that neither the master, owner nor charterer, if any, could have prevented or forestalled; or
a child under one year of age;
"passenger ship" means a ship carrying more than twelve passengers;
"pleasure vessel" means —
a vessel which at the time it is being used is —
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;
in the case of a vessel owned by a body corporate, one on which the persons on the vessel are employees, officers or shareholders (including beneficial owners of shares) of the body corporate, or their immediate family or friends; or
in the case of a vessel owned by a trust or other ownership arrangement, one on which the persons on the vessel are beneficiaries under the trust or beneficial owners of the ownership arrangement, or their immediate family or friends;
in private use; or
a vessel wholly owned by or on behalf of a 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 the 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;
"port" includes place;
"Port Authority" includes all persons entrusted with the function of constructing, improving, managing, regulating, maintaining or lighting a harbour;
"private use" in relation to a pleasure vessel, means that the vessel is used on a private voyage or excursion, and during such use is not engaged in trade by transporting merchandise or carrying passengers for reward or remuneration (other than as a contribution to the actual cost of the vessel or its operation for the period of the voyage or excursion), and is not offered to the public for use;
"public authority" means any body of the Government and includes a ministry, portfolio, statutory authority, government company, the Office of the Ombudsman, the Office of the Director of Public Prosecutions, and the Audit Office;
"Registrar of Shipping" has the same meaning as in section 10 of the Maritime Authority Act (2013 Revision);
"registration regulations" means regulations made under section 59;
"relative" means brother, sister, ancestor or lineal descendant;
"ro-ro passenger ship" means a passenger ship provided with cargo or vehicle spaces not normally subdivided in any way and extending to either a substantial length or the entire length of the ship in which vehicles or cargo can be loaded or unloaded in a horizontal direction;
"STCW Convention" means the International Convention on Standards of Training, Certification and Watchkeeping 1978 as amended, modified or replaced and as extended to the Islands;
"Safety Convention" means the International Convention for the Safety of Life at Sea 1974 as modified by the Protocols of 1978 and 1988 including its codes and any other instruments made mandatory under the Safety Convention and as amended, modified or replaced from time to time and as extended to the Islands;
"safety regulations" means regulations made under sections 160 or 182;
"seafarer" means any person, including a master, who is employed or engaged or works in any capacity on board a ship and whose normal place of work is on a ship.
"ship" includes every description of vessel used in or for navigation;
"Shipping Master" has the same meaning as in section 10 of the Maritime Authority Act (2013 Revision);
"surveyor of ships" means a surveyor appointed under section 414, and the reference to requirements, restrictions or prohibitions under this Act includes any such requirements, restrictions or prohibitions constituting the terms of any approval, licence, consent or exemption given in any document issued under this Act;
"territorial sea", in relation to the Islands, has the meaning given in the Cayman Islands (Territorial Seas) Order 1989;
"Tonnage Convention" means the International Convention on Tonnage Measurement of Ships 1969, as amended, modified or replaced from time to time and as extended to the Islands;
"tonnage regulations" means regulations made under section 47; and
"wages" includes overtime pay, leave pay due in respect of leave earned and any other emoluments.

Defined Terms

as extended to the IslandsBritish citizenBritish Overseas Territories citizenBritish Overseas citizenCommonwealth citizenBritish Overseas TerritoryBritish shipCayman Islands citizenCayman Islands shipCayman Islands vesselCayman Islands fishing vesselCayman Islands watersChief Executive OfficerCollision ConventionCOLREGcommissioned military officercommissioned naval officerConsular officercontraventionCourtCrown Dependencydischarge or escapefishing vesselforeignGovernmentGovernment shipharbourimmediate familyinternational agreementISPS codelengthMaritime AuthorityMaritime Labour ConventionmastermileMinisterOrganizationownershipownerpassengerpassenger shippleasure vesselportPort Authorityprivate usepublic authorityRegistrar of Shippingregistration regulationsrelativero-ro passenger shipSTCW ConventionSafety Conventionsafety regulationsseafarershipShipping Mastersurveyor of shipsterritorial seaTonnage Conventiontonnage regulationswages

Cross References

Referenced By