Joint Committee on Statutory Instruments Ninth Report


Memorandum by the Department of Environment, Transport and the Regions


  The Committee asked:

    (1)   As regards regulation 23(5), explain (with two or more examples related to the equipment listed in paragraphs (a) to (g)) what equipment is regarded as "equivalent" to the items of equipment specified in those paragraphs.

  Regulation 23(5) specifies certain items of equipment which are to be fitted in mess rooms in ships of 500 tons or over. "Equivalent" in relation to an item of equipment specified in that regulation means equipment which is capable of performing the same function as the specified item of equipment. For example, a suitable storage space could be used as an equivalent to a dresser or cupboard (paragraph (a)), a heated bain-marie or fixed, heated "hostess-trolley" could be used as an equivalent to a hot press (paragraph (c)) and a gas or electric grill could be used as an equivalent to an electric toaster (paragraph (g)). This regulation is intended to avoid an over-prescriptive approach.

    (2)   Regulation 38(1) provides that any owner who contravenes regulation 36(1) shall be guilty of an offence. Ought not the reference to regulation "32(34)" in regulation 36(1)(a) to have read "32(24)"?

  Yes. The Department regrets this error and will correct it at the first convenient opportunity.

18th July 1997

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