UK Offence Report

The Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021

UK Statutory Instrument 2021 No. 592 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
17 May 2021
In force from
30 June 2021
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 implement and supplement Recommendation 2009/141 of the Marine Accident Investigation Branch Report on the investigation into the flooding and foundering of the grab hopper dredger Abigail H in the Port of Heysham of July 2009 (‘the Report’). The Regulations apply to United Kingdom ships which are cargo ships of less than 500 gross tons and which are 24 metres or more in length, wherever they might be, and to non-United Kingdom cargo ships of less than 500 gross tons and which are 24 metres or more in length while they are within United Kingdom waters and not exercising the right of innocent passage or transit passage (regulation 3). Regulation 4 requires bilge water level detectors to be installed in any engine room and in any other space in which bilge water is likely to accumulate, and for those detectors to sound an audible alarm at the control position and in all accommodation spaces in the circumstances described. The Regulations make provision for exemptions (regulation 5), offences and penalties (regulation 6) and the detention of ships (regulation 7). A draft of these Regulations was notified on 2nd October 2020 to the European Commission in accordance with the Technical Standards Directive (Directive (EU) 2015/1535). Guidance supporting these Regulations has been published in a Marine Guidance Note (MGN 651(M)). Copies of the Report and of MGN 651(M) may be obtained free of charge at https://www.gov.uk or in hard copy from the Maritime and Coastguard Agency at Spring Place, 105 Commercial Road, Southampton SO15 1EG. An impact assessment of the effect this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk.

Offences created by this instrument

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

How Parliament handled it

This instrument became law without a vote to approve it. A non-fatal motion to object was tabled, which records disapproval without stopping the instrument.

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.
Objection motion
A non-fatal motion to object was tabled — it records disapproval without stopping the instrument
Committee
Drawn to the special attention of the Houses by a scrutiny committee

Recorded divisions

HouseDateForAgainstResult
Lords 13 July 2021 179 211 Not carried

The motion actually voted on:

Note the form of words. A member moves “as an amendment to the motion to approve” — the amendment is to the motion, never to the instrument.

Procedural history

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

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