The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023
UK Statutory Instrument 2023 No. 1216 — creates 4 criminal offences.
- Made
- 20 November 2023
- In force from
- 13 December 2023
- 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 revoke and replace the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998 (S.I. 1998/1609) and the Merchant Shipping (Small Workboats and Pilot Boats) (Amendment) Regulations 2016 (S.I. 2016/354). In these Regulations— Part 1 provides in regulations 1 to 7, for the revocation of earlier Regulations, definitions of terms used and information about the types of vessels to which these Regulations apply, the disapplication of other Regulations, the types of vessels that are exempted and where equivalent standards may apply; Part 2 provides in regulations 8 to 17, for survey and certification of vessels. This includes information on: periodical survey requirements, how applications for certificates may be made and determined and the duration, validity, extension or cancellation of a certificate or prohibitions in relation to certificates; Part 3 provides in regulations 18 to 25, for various changes in circumstances that may arise following certification of the vessel. In particular, these Regulations set out the responsibilities of owners and masters; the requirements to report incidents and deficient vessels; circumstances when vessels may be liable to be detained, the availability of a review or arbitration to settle disputes; and the offences, penalties and defences in relation to any breach of the Regulations; Part 4 provides in regulation 26 and Schedule 2, details of amendments it is necessary to make to other Regulations that are needed in connection with requirements for remotely operated unmanned vessels. Also, regulation 27 provides for a review of these Regulations to be undertaken at least every 5 years. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A copy of any Marine Guidance Note or Merchant Shipping Notice referred to in these Regulations may be obtained free of charge by prior appointment with the Code Vessel Team at the Maritime & Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk).
Offences created by this instrument
- Any contravention of regulations 8(2) to (6) (survey requirements), 9 (requirement for a certificate), 17 (prohibited… regulation 25(1) · Status not determined · Strict liability
- Subject to paragraph (3), any offence under paragraph (1) is an offence by the master and the owner of the vessel and… regulation 25(2) · Status not determined · Strict liability
- Any offence under paragraph (1) in relation to a pilot boat is an offence by the competent harbour authority, the… regulation 25(3) · Status not determined · Mixed — some elements strict, some not
- Contravention of The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023 the instrument as a whole · 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 20 November 2023
- Instrument made (signed into law) 20 November 2023
- Laid before the House of Commons 22 November 2023 · Commons
- Laid before the House of Lords 22 November 2023 · Lords
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 5 December 2023 · Lords
- No comment by the Secondary Legislation Scrutiny Committee (SLSC) 5 December 2023 · Lords
- Instrument comes into force as law 13 December 2023
- Objection period ends 19 January 2024
- Instrument remains law 19 January 2024
- Procedure concluded in the House of Commons and the House of Lords 19 January 2024 · Commons, Lords
- Considered by the Joint Committee on Statutory Instruments (JCSI) 31 January 2024 · Commons, Lords
- Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 31 January 2024 · 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 31 January 2024 · Commons, Lords
- Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it fails to comply with proper legislative practice 31 January 2024 · 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 2023