UK Offence Report

The Merchant Shipping (Safety of Navigation) (Amendment) Regulations 2011 (revoked)

UK Statutory Instrument 2011 No. 2978 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
12 December 2011
In force from
6 January 2012
Extent
Not stated
Subject
Transport: maritime, aviation, rail and harbours
Made under
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 amend the Merchant Shipping (Safety of Navigation) Regulations 2002 to take account of regulations 19-1 and 34-1 of Chapter V of the International Convention for the Safety of Life at Sea (SOLAS). Regulation 19-1 was inserted into Chapter V by Resolution MSC.202(81) of the Maritime Safety Committee of the International Maritime Organisation and regulation 34-1 was inserted by Resolution MSC.153(78), which deleted paragraph 3 of regulation 34. These Regulations require compliance with the two new regulations making it an offence to proceed, or attempt to proceed, on a voyage without complying with regulation 19-1 or to contravene regulation 34-1. These Regulations amend the requirement to comply with future amendments of Chapter V specified in Merchant Shipping Notices in accordance with regulation 5(4) of the 2002 Regulations by extending it to all such amendments instead of just those of existing regulations in it. These Regulations also amend the 2002 Regulations to require the Secretary of State to review their operation and effect and to publish a report within five years after the requirement comes into force and every five years after that. Following each review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, be revoked or be amended. A further instrument would be needed to revoke or amend them. An impact assessment has 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 02380 329100). It is also published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk. No Transposition Note has been prepared in respect of these Regulations. By amending regulation 5(2) of, and inserting paragraph 6A into Schedule 4 to, the 2002 Regulations in order to require compliance with regulation 19-1, they include implementation of Article 6b of Directive 2002/59/EC. Article 6b requires ships, to which regulation 19-1 applies, to carry equipment complying with regulation 19-1. It was inserted by Directive 2009/17/EC. This Explanatory Note contains the information that would otherwise be included in the Transposition Note. Merchant Shipping Notices are published by the MCA. Copies are available from M-Notices Subscriptions, P.O.Box 362, Europa Park, Grays, Essex, RM17 9AY (telephone 01375 484548; fax 01375 484556; email mnotices@ecgroup.co.uk) They may also be found on the MCA’s website, www.mcga.gov.uk, which also has details of any amendments or replacements. Copies of SOLAS can be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR, whose website is www.imo.org.

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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