The Merchant Shipping (Training, Certification and Safe Manning) (Amendment) Regulations 1997

UK Statutory Instrument 1997 No. 1911 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 31 July 1997
In force from: 1 September 1997
Extent: Not stated
Subject: Transport: maritime, aviation, rail and harbours
Made under: 1997/1320, 1997/348, European Communities Act 1972, Merchant Shipping Act 1995

Explanatory note

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

These Regulations correct deficiencies in the Merchant Shipping (Training and Certification) Regulations 1997 and the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997, which implemented the International Convention on Standards of Training, Certification and Watchkeeping (STCW), 1978, as amended on 7th July 1995. They apply those Regulations to pleasure vessels which are over 24 metres and 80 gross tons in size. In the Merchant Shipping (Training and Certification) Regulations 1997 the maximum length of adaptation periods (for assessing the competency of applicants for certificates of equivalent competency who are nationals of member States of the European Economic Area) is specified as three years (pursuant to Council Directive 89/48/EEC (OJ. No. L19, 24.1.89, p.16) on a general system of the recognition of higher education diplomas awarded on completion of professional education and training of at least three years' duration; and to Council Directive 92/51/EEC (OJ. No. L209, 24.7.92, p.25) on a second general system for the recognition of professional education and training to supplement Directive 89/48/EC). In the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 certain other amendments are made. In particular an offence and penalty is prescribed for employers who become subject to the duty under regulation 9 to produce schedules of work, but contravene that duty.

Offences created by this instrument

The Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 shall be amended as follows— a… regulation 3 · Status not determined · Strict liability
d in regulation 17— i in paragraph (1), for “9(1), (2), (8) or (10)” there shall be substituted “9”; ii in paragraph… regulation 3(d) · Status not determined · Strict liability
iii after paragraph (2), there shall be inserted the following paragraph:— 2A Where an employer has pursuant to… regulation 3(d)(iii) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 1997