UK Offence Report

The Docks Regulations 1988

UK Statutory Instrument 1988 No. 1655 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
26 September 1988
In force from
1 January 1989
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Schedule 3 to, the Health and Safety at Work etc. Act 1974

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations impose health, safety and welfare requirements with respect to dock operations (as defined in regulation 2). The Regulations apply to dock operations carried out in Great Britain and, to the extent specified in regulation 3, in territorial waters. A“fish loading process” (within the meaning of the Loading and Unloading of Fishing Vessels Regulations 1988), activities carried out in relation to pleasure craft and beach landing operations carried out by HM Forces or visiting forces are not“dock operations” for the purposes of the Regulations (regulation 2). Certain activities carried out on board a ship are included within the scope of the Regulations but no duties are imposed on the master, crew or their employer in relation to plant which remains on board the ship or to any dock operation carried out on the ship solely by the master or crew (regulation 4(4)). The Regulations:— a require dock operations to be planned and executed to avoid danger (regulation 5); b require the provision of suitable and adequate lighting and require dangerous obstacles to be made conspicuous (regulation 6); c impose requirements with respect to the provision and maintenance of means of access (regulation 7(1) and (2)); d impose requirements with respect to the safety of ladders (regulation 7(3) to (5)); e require fencing at specified places (regulation 7(6)); f impose requirements with respect to the safety of vessels used for transporting persons to working places, including requiring such vessels to be certified as suitable by a competent person unless a certificate as to survey carried out under the Merchant Shipping Act 1894 is in force (regulation 8); g require the provision of rescue, life-saving and fire-fighting equipment and means to effect escape from danger, and require the proper maintenance thereof (regulation 9); h impose requirements with respect to the safety of ship’s hatches and the operation of ramps and car-decks (regulation 10); i require that only employees who are authorised by their employers may drive powered vehicles or operate powered lifting appliances (regulation 11); j require vehicles to be properly maintained, and impose other requirements with respect to the use and movement of vehicles (regulation 12); k impose various requirements with respect to the safety of lifting plant including: requiring it to be of good design and construction, properly installed and maintained, and used safely (regulation 13); requiring it to be marked with its safe working load or loads and means of identification; and requiring lifting appliances to be fitted with safe working load indicators in certain cases (regulation 16); requiring it to be tested before being taken into use and after certain repairs, and to be examined after such a test and at yearly intervals (or sooner in certain circumstances), unless the plant is subject to the testing and examination requirements of the Merchant Shipping (Hatches and Lifting Plant) Regulations 1988 (regulations 14 and 15); requiring owners to obtain and keep certificates or reports of tests and examinations and to provide copies to employers or self-employed persons using or hiring the plant (regulation 17); requiring the person who made the test or examination to provide a copy of his certificate or report to the Health and Safety Executive in specified circumstances (regulation 17); l impose requirements with respect to entry into confined spaces (regulation 18); m require the provision of welfare amenities, and the provision of protective helmets and high visibility clothing in specified circumstances (regulation 19); n require persons at work to report defective plant (regulation 20). The Regulations provide for the issue of certificates of exemption by the Health and Safety Executive or the Secretary of State for Defence (regulation 21), and provide for enforcement by the Executive of these Regulations and the other“relevant statutory provisions” (within the meaning of the Health and Safety at Work etc. Act 1974) in relation to any activity in dock premises (regulation 22). Regulation 23 modifies section 125 of the Factories Act 1961 (which applies specified provisions of the Act to docks, warehouses, etc) by:— a extending the exclusions in respect of ship’s plant; b restricting the range of provisions of the Act applied by section 125 to warehouses which are dock premises; c applying certain provisions of the Act to dock premises, and applying the Act to dock premises belonging to or in occupation of the Crown to the extent that it applies to other dock premises. The Docks Regulations 1925 and the Docks Regulations 1934 are revoked by these Regulations, but there are transitional provisions for the keeping of certificates or registers relating to the testing and examination of plant under those Regulations (regulation 24).

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