20.—(1) The Minister may, by regulations, make such provision as he or she thinks necessary or expedient for the purpose of ensuring—

(a) the safety of—

(i) pleasure craft,

(ii) the occupants of pleasure craft, and

(iii) other persons, and of property, from injury or damage caused by, resulting from or arising out of the use of pleasure craft, or

(b) that the use of a pleasure craft does not create a disturbance or constitute a nuisance.

(2) Without prejudice to the generality of subsection (1), regulations under subsection (1) may—

(a) require pleasure craft or specified classes of pleasure craft to comply with specified standards of seaworthiness (including stability),

(b) require pleasure craft or specified classes of pleasure craft to comply with specified standards of construction and maintenance,

(c) require pleasure craft or specified classes of pleasure craft to carry specified life-saving, fire-fighting, radio and navigation equipment,

(d) make provision for periodic survey of specified classes of pleasure craft and their appliances and equipment and the prohibition of the use of specified classes of pleasure craft that have not been surveyed in accordance with the regulations or that, following such a survey, are declared by the person who carried it out to be unsafe for use and for appeals against such declarations or against other findings of such surveys,

(e) provide for the registration of specified classes of pleasure craft and the licensing or certification of masters or persons in control of or operating pleasure craft or specified classes of pleasure craft,

(f) regulate the use of pleasure craft or specified classes of pleasure craft by reference to the age or other qualifications of masters or persons in control of or operating pleasure craft or pleasure craft of a specified class,

(g) regulate or prohibit the use of pleasure craft or specified classes of pleasure craft in particular circumstances, and the consumption of alcohol or drugs by masters or persons in control of or operating pleasure craft or pleasure craft of a specified class,

(h) prohibit the use of pleasure craft or specified classes of pleasure craft unless there are in force policies of insurance under which the owners of the pleasure craft or, if the pleasure craft are on hire, the persons to whom they are on hire are insured to a specified extent against specified risks relating to the use of the pleasure craft,

(i) require and regulate the use of personal flotation devices on specified classes of pleasure craft,

(j) regulate the number of persons that may be carried on pleasure craft of a specified class, and

(k) regulate or prohibit the towing of anything by or from pleasure craft or pleasure craft of a specified class.

(3) Regulations under this section may make provision for such consequential, incidental, ancillary and supplementary matters (including the enforcement of the regulations and, with the consent of the Minister for Finance, the charging of fees by the Minister) as the Minister considers necessary or expedient.

F31[(3A) In making regulations under this section the Minister may categorise pleasure craft into different classes having regard to one or more of the following, where appropriate:

(a) the size, shape, speed or configuration of such craft;

(b) the service for which such craft are to be employed;

(c) the nature and duration of voyages to be undertaken;

(d) the number of persons, that such craft are designed to carry on board;

(e) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.]

(4) Different provision may be made in regulations under this section for different classes of pleasure craft or persons on or using pleasure craft.

F32[(5) If in respect of a pleasure craft there is a contravention of a regulation under this section—

(a) the owner and (if the craft is in use) the master of the craft, and

(b) where the person contravening the regulation is not the owner or master of the craft, that person, each commits an offence and each is liable on summary conviction to a class A fine.]

(6) In this section ‘pleasure craft’ means vessels used otherwise than for profit and used wholly or mainly for sport or recreation but includes mechanically propelled vessels that are on hire pursuant to contracts or other arrangements that do not require the owners of the vessels to provide crews or parts of crews for them.]