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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set new, lower limits of alcohol for the purposes of Part 4 (Shipping: Alcohol and Drugs) of the Railways and Transport Safety Act 2003.

Regulation 2 reduces the prescribed limits of alcohol in breath and blood to those prescribed by the International Maritime Organisation in the Seafarers’ Training, Certification and Watchkeeping Code adopted by the 2010 Manila Conference of Parties to the International Convention on the Standards of Training, Certification and Watchkeeping and by Directive 2012/35/EU (O.J. L343, 14.12.2012, p.78) of the European Parliament and of the Council amending Directive 2008/106/EC on the minimum level of training of seafarers. It also reduces the prescribed limit for alcohol in urine to a commensurate level.

Regulation 3 requires the Secretary of State to review the operation and effect of these Regulations and to publish a report within five years after the Regulations come into force. Following the review it will fall to the Secretary of State to consider whether the amendments made by the Regulations should remain as they are, or be amended.

An impact assessment has been prepared on the implementation of the amendments which were adopted by the 2010 Manila Conference and which include these new lower limits for alcohol. A copy has been placed in the Library of each House of Parliament. Copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG (telephone 02380 329100). It is also published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Copies of the STCW Convention and the STCW Code can be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR (telephone 020 7735 7611) or from www.imo.org.