36Use in marine transport

#### 36 Use in marine transport (1) This section sets out the meaning of the expression use in marine transport. Use in a vessel in marine transport (2) Use in a vessel in marine transport is use in marine transport. Use in a vessel for various purposes (3) Use: (a) in a vessel, or in equipment in or on a vessel; and (b) while the vessel is in or on the sea or fresh water; and (c) for any of the purposes mentioned in subsection (4); is use in marine transport. Purposes (4) The following are the purposes: (a) loading anything onto the vessel, or enabling persons to board the vessel, for the purpose of being transported by the vessel; (b) unloading anything from the vessel, or enabling persons to disembark from the vessel, after being transported by the vessel; (c) providing towing, mooring or piloting services; (d) providing rescue, firefighting or other emergency services; (e) exploring for or mining oil, gas or other minerals; (f) conducting trials of the vessel; (g) conducting aquatic or other scientific research; (h) hiring out or chartering the vessel by a tourism business for use in fishing or other recreational activities. Use in a vessel etc. on certain journeys (5) Use: (a) in a vessel, or in equipment in or on a vessel; and (b) while the vessel is in or on the sea or fresh water; and (c) either: (i) on the forward journey of the vessel for the purpose of using it in marine transport or using it for any of the purposes mentioned in subsection (4), or on its return journey after any such use; or (ii) on a journey of the vessel for the purpose of transporting it to or from a purchaser, seller or person undertaking repairs or improvements to, or maintenance of, the vessel; is use in marine transport. Use in equipment for certain purposes (6) Use: (a) in equipment in or on a vessel; and (b) while the vessel is in or on the sea or fresh water; and (c) for air‑conditioning, heating, lighting or for any purpose incidental to use of the vessel: (i) in marine transport; or (ii) for any of the purposes mentioned in subsection (4); or (iii) as mentioned in paragraph (5)(c); is use in marine transport. Dredges (7) The expression use in marine transport does not include any use in a dredge or in equipment in or on a dredge. Hire or charter vessel; scheduled services (8) To avoid doubt, the fact that a vessel is a hire or charter vessel or that it is not operating a scheduled service does not mean that use in the vessel or in equipment in or on the vessel does not constitute use in marine transport.