2012 No. 2636
The Merchant Shipping (Passenger Ships on Domestic Voyages)(Amendment) Regulations 2012
Made
Laid before Parliament
Coming into force
The Secretary of State, after consulting the persons referred to in section 86(4) of the Merchant Shipping Act 19951makes the following Regulations in exercise of the powers conferred by sections 85(1)(a) and (b), (3) and (7) and 86(1) of that Act:
Citation and commencement1
These Regulations may be cited as the Merchant Shipping (Passenger Ships on Domestic Voyages)(Amendment) Regulations 2012 and come into force on 16th November 2012.
Amendment of the Merchant Shipping (Survey and Certification) Regulations 19952
1
The Merchant Shipping (Survey and Certification) Regulations 19952 are amended as follows.
2
In regulation 1 (citation, commencement, interpretation, modification, revocation and supplemental) —
a
for the definition of “the Directive” substitute —
“the Directive” means Directive 2009/45/EC of 6th May 2009 on safety rules and standards for passenger ships 3;
b
after paragraph (3) insert—
3A
references in the Directive to Conventions or Codes in their up to date versions which:
a
relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995;
b
are considered by the Secretary of State to be relevant from time to time; and
c
are specified in a Merchant Shipping Notice;
have effect in so far as they are so specified.
3
After regulation 26 insert—
Review27
1
The Secretary of State must from time to time—
a
carry out a review of regulations 1 to 26,
b
set out the conclusions of the review in the report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the 1974 SOLAS Convention is implemented in other states.
3
The report must in particular—
a
set out the objectives intended to be achieved by the regulatory system established by those regulations,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and if so the extent to which they could be achieved by a system that imposes less regulation.
4
The first report under this regulation must be published before the end 16th November 2017.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Amendment to the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 20003
1
The Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 20004 are amended as follows.
2
In regulation 2 (interpretation)—
a
for the definition of “the Directive” substitute—
“the Directive” means Directive 2009/45/EC of 6th May 2009 on safety rules and standards for passenger ships5;
b
after paragraph (2) insert—
2A
references in the Directive to Conventions or Codes in their up to date versions which:
a
relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995
b
considered by the Secretary of State to be relevant from time to time
c
specified in a Merchant Shipping Notice;
have effect in so far as they are so specified.
3
In regulation 4 (application)—
a
in paragraph 2(g) delete “subject to paragraph (3) below,”; and
b
delete paragraph (3).
4
In regulation 6 (safety requirements)—
a
in paragraph (3) for “Article 7” substitute “Article 9”; and
b
in paragraph (5) for “Article 7(1)” substitute “Article 9(1)”.
5
In regulation 7 (alternative construction, equipment and machinery) for “Article 7” substitute “Article 9”.
6
After Regulation 10 insert—
Review11
1
The Secretary of State must from time to time—
a
carry out a review of regulations 2 to 10,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other member states.
3
The report must in particular—
a
set out the objectives intended to be achieved by the regulatory system established by those regulations,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and if so the extent to which they could be achieved with a system that imposes less regulation.
4
The first report under his regulation must be published before 16th November 2017.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Amendment of the Merchant Shipping (High Speed Craft) Regulations 20044
1
The Merchant Shipping (High Speed Craft) Regulations 20046 are amended as follows.
2
In regulation 2 (interpretation)—
a
for the definition of “High Speed Craft Code 1994” substitute—
“High Speed Craft Code 1994” means the International Code of Safety for High Speed Craft adopted by the Maritime Safety Committee of the International Maritime Organisation by resolution MSC.36(63) of 20th May 1994 and amended by resolutions MSC.119(74), MSC.174(79), MSC.221(82) and MSC.259(84) and includes any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
b
for the definition of “High Speed Craft Code 2000” substitute—
“High Speed Craft Code 2000” means the International Code of Safety for High Speed Craft 2000 adopted by the Maritime Safety Committee of the International Maritime Organisation by resolution MSC.97(73) of 5th December 2000 and amended by resolutions MSC.175(79), MSC.260(84), MSC.27(85) and MSC.27(85) and includes any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice; and
- a
in relation to vessels built on or after 1st July 2002 but before 1st July 2008 it includes the amendments contained in paragraphs 1.2.2, 1.81, 1.9.1, 2.7.2, 13.8.2, and 14.15.10 of MSC.222(82); and
- b
in relation to vessels built on or after 1st July 2008, it includes all the amendments contained in MSC.222(82).
3
In regulation 3 (application)—
a
after paragraph (2)(g) insert—
h
a passenger ship engaged on domestic voyages in sea areas of class B, C or D when the displacement of that vessel corresponding to the design waterline is less than 500m3 and the maximum speed of that vessel, as defined in paragraph 1.4.30 of the High Speed Craft Code 1994 or, where applicable, paragraph 1.4.37 of the High Speed Craft Code 2000, is less than 20 knots
b
delete paragraph (3).
4
In regulation 7A (safety requirements for persons with reduced mobility) for “Council Directive 98/18/EC” wherever it appears substitute “Directive 2009/45/EC as amended”.
5
In regulation 10(3) (offences and penalties) after the word “Regulations” the first time it occurs, insert “other than regulation 9(1) and (2)”;and
6
After regulation 12 insert—
Review13
1
The Secretary of State must from time to time—
a
carry out a review of regulations 2 to 11,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive (which is implemented by means of regulations 3 to 11) is implemented in other member states.
3
The report must in particular—
a
set out the objectives intended to be achieved by the regulatory system established by those regulations,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and if so the extent to which they could be achieved with a system that imposes less regulation.
4
The first report under his regulation must be published before 16th November 2017.
5
Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Signed by authority of the Secretary of State for Transport
(This note is not part of the Regulations)