The Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2022

Amendment to the Merchant Shipping (Life-Saving Appliances For Passenger Ships Of Classes III To VI(A)) Regulations 1999

4.—(1) The Merchant Shipping (Life-Saving Appliances For Passenger Ships Of Classes III To VI(A)) Regulations 1999(1) are amended as follows.

(2) In regulation 4 (application and exemptions)—

(a)in paragraph (1), for “regulation 4A”, substitute “regulations 4A and 4B”;

(b)at the beginning of paragraph (3), insert “Subject to paragraph (5),”;

(c)after paragraph (4), insert–

“(5) Where an application is made for an exemption under paragraph (3)—

(a)for a period commencing from the date of the ship’s first survey after the second anniversary of the date on which the Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2022 came into force, and

(b)which relates to amendments made under those Regulations,

the Secretary of State may grant an exemption under paragraph (3) without it being subject to the conditions and limitations specified in paragraph (3)(b).”.

(3) After regulation 4A insert—

“4B.—(1) The amendments made to these Regulations by regulation 4(4) to (12) of the Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2022 do not apply to a ship until the date of that ship’s first survey after the anniversary specified in regulation 4(5)(a).

(2) For the purposes of paragraph (1), “survey” means the ship’s renewal survey as required by regulation 6(3)(b) of the Merchant Shipping (Survey and Certification) Regulations 2015.”.

(4) In regulation 6(2) (ships of class IV)—

(a)at the beginning, insert “Subject to regulation 4B(1) (application),”;

(b)in column (5) of the table—

(i)for “70”, in both places it occurs, substitute “100”, and

(ii)for “40”, in both places it occurs, substitute “10”.

(5) In regulation 6(6)—

(a)at the beginning, insert “Subject to regulation 4B(1) (application),”;

(b)in sub-paragraph (c), after “for each such person on board”, in the second place it occurs, insert—

“, and each such lifejacket shall be fitted with an automatically activated light which is of a type that complies with the requirements of either paragraph 2.2.3 of the Life Saving Appliances Code(2) or paragraph 5.8 of Part 8 of ISO 12402(3), or is approved under the Merchant Shipping (Marine Equipment) Regulations 2016(4)”.

(6) In regulation 7(1) (ships of class V), at the beginning, insert “Subject to regulation 4B(1) (application),”.

(7) In regulation 7(4)(a), at the end of the table, in the paragraph beginning “*The Buoyant Apparatus”, omit the words up to a maximum of 60 per cent of the vessel’s buoyant apparatus requirement”.

(8) In regulation 7(6) (ships of class V), before sub-paragraph (a) insert—

“(za)subject to regulation 4B(1) (application), for each person on board one of the following—

(i)a lifejacket suitable for a person weighing 32 kilogrammes or more;

(ii)a lifejacket suitable for a person weighing less than 32 kilogrammes for each such person on board;

(iii)a buoyancy aid suitable for a person weighing 32 kilogrammes or more, and a buoyancy aid suitable for a person weighing less than 32 kilogrammes;

(iv)a lifejacket complying with either British Standard Specifications EN 394:1994 and 396:1994(5) or ISO 12402-3 and ISO 12402-5, provided such lifejackets do not depend wholly upon oral inflation. Lifejackets of the partially inherently buoyant type for persons weighing 32 kilogrammes or more shall have buoyancy in the uninflated state of not less than 89 Newtons; or

(v)an inflatable Civil Aviation Authority lifejacket which complies with Part 5 of Schedule 9;”.

(9) In regulation 7(8)(a) (ships of class V)—

(a)at the beginning, insert “Subject to regulation 4B(1) (application),”;

(b)in the table–

(i)in column (4), rows i, ii, v and vi, for “liferafts or open reversible liferafts OR” substitute “lifeboats, liferafts or open reversible liferafts AND”; and

(ii)in column (5)—

(aa)with the exception of rows ii, vi, vii, x and xiii, for the first number in each row substitute “100”; and

(bb)with the exception of rows vii, x and xiii, for the second number in each row substitute “10”;

(iii)at the end of the table, in the paragraph beginning “*The buoyant apparatus”, omit the words “up to a maximum of 60 per cent of the vessel’s buoyant apparatus requirement”.

(10) After regulation 7(10)(ships of class V) insert—

“(10A) Subject to regulation 4B(1) (application), each lifejacket or buoyancy aid carried in accordance with paragraph (10)(c) shall be fitted with an automatically activated light of a type that complies with either paragraph 2.2.3 of the Life Saving Appliances Code or paragraph 5.8 of Part 8 of ISO 12402, or is approved under the Merchant Shipping (Marine Equipment) Regulations 2016.”.

(11) In regulation 8(2)(a) (ships of class VI)—

(a)at the beginning, insert “Subject to regulation 4B(1) (application)”;

(b)for the table substitute—

(12) In regulation 8(3)(a)—

(a)at the beginning, insert “Subject to regulation 4B(1) (application)”;

(b)for the table substitute–