Joint Committee on Statutory Instruments Eighth Report


APPENDIX V


Memorandum by the Department of the Environment, Transport and the Regions


MERCHANT SHIPPING (SAFE MANNING, HOURS OF WORK AND WATCHKEEPING) REGULATIONS 1997 (S.I. 1997/1320)

  The Committee asked for a memorandum on the following points:

    (1)   In regulation 16(1)(b)(ii), is the reference to deficiency of a kind specified in regulation 15(2) meant to be a reference to 15(3)? If not, explain the reference.

  Yes.

    (2)   Given that the duty imposed by regulation 9(1) is, if breached, an offence by the company under regulation 17(1), explain why, if it becomes also the duty of the employer under regulation 9(3), no offence is committed by the employer under regulation 17.

  It is agreed there should be such an offence (there was in the Merchant Shipping (Hours of Work) Regulations 1995 which these regulations replace).

    (3)   Regulation 17(2) (contraventions by the master of a ship) refers to "regulation 4(b)". Should not this be a reference to "regulation 4(6)"?

  Yes.

  The Department regrets these defects. They will be corrected in amending Regulations to be made very shortly.

14th July 1997


 
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