The Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021
UK Statutory Instrument 2021 No. 592 — creates 1 criminal offence.
- 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
- Contravention of The Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021 the instrument as a whole · Status not determined · Strict liability
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.
- Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021
Lords · Lords Chamber · 13 July 2021 · Lord Berkeley (Lab) [V]
My Lords, I declare my interest as honorary president of the UK Maritime Pilots Association. I thank the Secondary Legislation Scrutiny Committee for drawing our attention to these regulations. In moving this Motion, I want to make it quite clear that, of course, I support the Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021. I shall explain why, but my concern—my regret—is that it has taken over 11 years to introduce these regulations and that the incident was not just a one-off. I believe it is a question of the safety of over 400 ships of a similar type on the UK Ship…
- Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021
Lords · Lords Chamber · 13 July 2021 · Lord Berkeley
That this House regrets that the Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021 (SI 2021/592), introduced as a result of the accident involving the ‘Abigail H’ at the port of Heysham in November 2008, have taken over 11 years to be introduced; further regrets that this delay has put at risk the safety of crews of 425 ships of a similar type on the UK Ship Register; and notes that nine similar incidents to those at Heysham had been reported to the Marine and Coastguard Agency since 1996. Relevant document: 4th Report from the Secondary Legislation Scrutiny Committee
- Arrangement of Business
Lords · Lords Chamber · 13 July 2021 · The Deputy Speaker (Baroness Garden of Frognal) (LD)
We now come to the Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021. My Lords! Lord Storey, I am standing. The time limit for this debate is one hour.
- Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021 Lords · Lords Chamber · 13 July 2021
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
| House | Date | For | Against | Result |
|---|---|---|---|---|
| Lords | 13 July 2021 | 179 | 211 | Not carried |
The motion actually voted on:
- Lord Berkeley moved that this House regrets that the Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021 (SI 2021/592), introduced as a result of the accident involving the ‘Abigail H’ at the port of Heysham in November 2008, have taken over 11 years to be introduced; further regrets that this delay has put at risk the safety of crews of 425 ships of a similar type on the UK Ship Register; and notes that nine similar incidents to those at Heysham had been reported to the Marine and Coastguard Agency since 1996. The House divided: The division record
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
- Instrument created 17 May 2021
- Instrument made (signed into law) 17 May 2021
- Laid before the House of Commons 24 May 2021 · Commons
- Laid before the House of Lords 24 May 2021 · Lords
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 8 June 2021 · Lords
- Information paragraph provided by the Secondary Legislation Scrutiny Committee (SLSC) 8 June 2021 · Lords
- Non-fatal motion (prayer) to object to the instrument tabled 14 June 2021 · Lords
- Instrument comes into force as law 30 June 2021
- Objection period ends 12 July 2021
- Instrument remains law 12 July 2021
- Procedure concluded in the House of Commons and the House of Lords 12 July 2021 · Commons, Lords
- Chamber debate 13 July 2021 · Lords
- Question on non-fatal motion (prayer) to object to the instrument put 13 July 2021 · Lords
- Non-fatal motion (prayer) to object to the instrument rejected 13 July 2021 · Lords
- Considered by the Joint Committee on Statutory Instruments (JCSI) 27 October 2021 · Commons, Lords
- Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 27 October 2021 · 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 27 October 2021 · Commons, Lords
From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2021