UK Offence Report

The Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998

UK Statutory Instrument 1998 No. 1561 — creates 6 criminal offences.

6offences created
0recorded in force
0revoked
Made
24 June 1998
In force from
1 July 1998
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Regulations are made under section 85 of the Merchant Shipping Act 1995

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 implement Chapter IX (Management for the Safe Operation of Ships) of the Safety of Life at Sea Convention 1974, added in 1994 by a diplomatic conference, except in relation to ro-ro passenger ferries (already implemented by Council Regulation EC No. 3051/95 on the safety management of ro-ro passenger ferries and enforced by the Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997). They also repeal the Merchant Shipping (Operations Book) Regulations 1988. The Regulations apply (on and after 1st July 1998) to non ro-ro passenger ships and certain cargo ships of 500 tons or over, and from 1st July 2002 to other cargo ships (including mobile offshore drilling units) of that size. Companies are required to comply with the International Safety Management (ISM) Code, including holding valid Documents of Compliance and Safety Management Certificates in respect of their ships. Provision is made for annual and intermediate audits of the operation of the safety management systems of companies and ships in respect of those Documents and Certificates. There is a power to suspend services. There are ancillary provisions as to offences concerning Documents and Certificates issued pursuant to the Regulations, a general defence to offences under the Regulations and powers of detention of ships. The ISM Code and the Safety of Life at Sea Convention 1974, its Protocol and amendments (including the added Chapter IX) may be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1. Merchant Shipping Notices are obtainable from Eros Marketing Support Services Ltd., Delta House, Imber Court Business Park, Orchard Lane, East Molesey, Surrey KT8 0BN. A copy of the compliance cost assessment for these Regulations can be obtained from the Marine Information Centre of the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG.

Offences created by this instrument

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.

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