The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007
UK Statutory Instrument 2007 No. 3075 — creates 5 criminal offences.
- Made
- 25 October 2007
- In force from
- Not determined
- Extent
- Not stated
- Subject
- Corporate, financial services, company law, employment, charity, electoral and tax
- Made under
- European Communities Act 1972, 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 Council Directive 2003/10/EC (OJ No L 042, 15.2.2003, p.38) on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). They apply to United Kingdom ships wherever they may be and non-United Kingdom ships in United Kingdom waters. The Regulations impose duties on employers to protect workers who may be exposed to risk from exposure to noise at work. The Regulations make provision for— a action values and limit values for daily and weekly exposure to noise (regulation 5); b risk assessment (regulation 6); c elimination or, where elimination is not reasonably practicable, reduction of exposure to noise; d actions to be taken at action values and limit values; e prohibition on exceeding limit values (regulation 7); f provision of individual hearing protection (regulation 8); g information, instruction and training (regulation 9); h health surveillance (regulation 10); i consultation with workers (regulation 11); j the grant of exemptions by the Secretary of State (regulation 13); and k offences, detention, inspection and penalties (regulations 12 and 14 to 21). These Regulations are made under the powers in the Merchant Shipping Act 1995 except in respect of their application to Government ships where the power is provided by section 2(2) of the European Communities Act 1972. Copies of British Standard BS EN ISO 1999:1990 are obtainable from British Standards Institution, BSI House, 389 Chiswick High Road, London W4 4AL. A Regulatory Impact Assessment and a Transposition Note have been prepared and a copy has been placed in the Library of each House of Parliament. Copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG (telephone number 02380 329100). Merchant Shipping Notices can be obtained from Mail Marketing (Scotland), Unit 6, Bloomsgrove Industrial Estate, Norton Street, Nottingham, NG7 3JG (telephone 0115 901 3336; fax 0115 901 3334; e-mail orders: mca@promo-solution.com). They may also be accessed via the Maritime and Coastguard Agency’s website http://www.mcga.gov.uk.
Offences created by this instrument
- A person who fails to comply with regulation 6, 7 or 10 is guilty of an offence and liable – a on summary conviction… regulation 14(1) · Status not determined · Mixed — some elements strict, some not
- A person who fails to comply with regulation 8 is guilty of an offence and liable on summary conviction to a fine not… regulation 14(2) · Status not determined · Strict liability
- A person who fails to comply with regulation 11 is guilty of an offence and liable on summary conviction to a fine not… regulation 14(3) · Status not determined · Strict liability
- A person who fails to comply with regulation 9 or contravenes regulation 22 is guilty of an offence and liable on… regulation 14(4) · Status not determined · Strict liability
- A worker who fails to comply with the obligations in regulation 12(2) shall be guilty of an offence and liable on… regulation 14(5) · 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 2007