The Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997

UK Statutory Instrument 1997 No. 3022 — creates 3 criminal offences.

3offences created

0recorded in force

3revoked

Made: 17 December 1997
In force from: 20 January 1998
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: European Communities Act 1972

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 provide for the enforcement of Council Regulation (EC) No 3051/95 on the safety management of ro-ro passenger ferries (“the Council Regulation”) which implements Chapter IX (Management for the Safe Operation of Ships) of the Safety of Life at Sea Convention 1974, as adopted by Assembly of the International Maritime Organisation in 1994, for all classes of ro-ro passenger ferries on services to and from the United Kingdom. The Regulations make it an offence for companies which operate regular ro-ro passenger ferry services to or from or within the United Kingdom not to comply with Article 4.1 of the Council Regulation (duty to comply with the International Safety Management Code —“the ISM Code”), and provide enforcement powers under which (under Article 7 of the Council Regulation) the operation of the service may be suspended and ships may be detained. There are ancillary provisions as to offences concerning documents and certificates issued pursuant to the Council Regulation and a general defence to offences under the Regulations.

Offences created by this instrument

Duty of companies to comply with Article 4.1 of the Council Regulation regulation 3 · Revoked, but still prosecutable · Strict liability
Powers of inspection, suspension of service and detention regulation 4(3) · Revoked, but still prosecutable · Strict liability
Suspension or cancellation of documents and certificates regulation 5(4) · Revoked, but still prosecutable · 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