The Merchant Shipping (Work in Fishing Convention) (Survey and Certification) Regulations 2018.

UK Statutory Instrument 2018 No. 1107 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 24 October 2018
In force from: Not determined
Extent: Not stated
Subject: Transport: maritime, aviation, rail and harbours
Made under: European Communities Act 1972, In accordance with section 86(4) of the Merchant Shipping Act 1995, 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 Articles 41 to 43 of the Work in Fishing Convention, 2006 (Cm 7375). They apply to United Kingdom fishing vessels wherever they may be and to other fishing vessels in United Kingdom waters. Regulation 4 requires United Kingdom fishing vessels to be surveyed for the purposes of issuing a Work in Fishing Convention Certificate, and regulations 5 and 6 make further provision regarding surveys and the issuing of certificates. Regulation 7 requires the Work in Fishing Convention Certificate to be carried on board a United Kingdom fishing vessels and to be made available, Regulations 8 to 11 make provision for arbitration on the outcome of surveys and the inspection and detention of United Kingdom fishing vessels. Regulation 12 requires fishing vessels which are not United Kingdom fishing vessels to comply with requirements of the Work in Fishing Convention relating to the documents to be carried on board the fishing vessel. Regulations 13 and 14 make provision for the enforcement of these requirements. Regulation 15 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them. These Regulations are made under sections 85(1)(a) and (b), (3) and (5) to (7) and 86(1) of the Merchant Shipping Act 1995 except in so far as (a) they relate to parts of the Work in Fishing Convention, 2007 which do not concern the health or safety of persons on ships. Section 2(2) of the European Communities Act 1972 is used to ensure that all parts of the Work in Fishing Convention, 2007 are covered by these Regulations. Merchant Shipping Notices are published by the Maritime and Coastguard Agency (“the MCA”) (an executive agency of the Department for Transport). Copies may be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex RM17 9AY, email: mnotices@ecgroup.co.uk. They may also be accessed via the MCA’s website: www.gov.uk/government/organisations/maritime-and-coastguard-agency, which also has details of any amendments or replacements. The Maritime Labour Convention may be downloaded from the website of the International Labour Organisation at https://www.ilo.org. Hard copies can be obtained by writing to the Seafarer Safety and Health Manager, The Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.

Offences created by this instrument

Documentation for non-United Kingdom fishing vessels regulation 12(2) · Status not determined · Strict liability
If a United Kingdom fishing vessel proceeds or attempts to proceed to sea on a voyage without a valid Work in Fishing… regulation 9(1) · Status not determined · Strict liability
Any person who— a intentionally alters a Work in Fishing Convention Certificate; or b intentionally produces a false… regulation 9(2) · Status not determined · Requires proof of a state of mind
Any contravention of regulation 7 is an offence by the fishing vessel owner and by the skipper punishable on summary… regulation 9(3) · 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

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure: Made negative — law unless a motion to stop it succeeded
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Committee: Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

Instrument created 24 October 2018
Instrument made (signed into law) 24 October 2018
Laid before the House of Commons 29 October 2018 · Commons
Laid before the House of Lords 29 October 2018 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 13 November 2018 · Lords
Information paragraph provided by the Secondary Legislation Scrutiny Committee (SLSC) 13 November 2018 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 5 December 2018 · Commons, Lords
Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 5 December 2018 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it is defectively drafted 5 December 2018 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it requires elucidation 5 December 2018 · Commons, Lords
Objection period ends 12 December 2018
Instrument remains law 12 December 2018
Procedure concluded in the House of Commons and the House of Lords 12 December 2018 · Commons, Lords
Instrument comes into force as law Date not recorded

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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