Joint Committee on Statutory Instruments Fourteenth Report


APPENDIX X

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

MERCHANT SHIPPING (CARRIAGE OF CARGOES) (AMENDMENT) REGULATIONS 1997 (S.I. 1997/2366)

  By a letter from its Clerk dated 12 November 1997 the Committee asked for a memorandum on the following point -

    Regulation 3(a) defines "in bulk" as meaning "directly or without intermediate form of containment in a hold tank or cargo space forming a structural part of, or permanently attached to a ship". Explain the sense of this definition, in particular -

    (a)   is the definition addressed to the goods (rather than a space);

    (b)   is "in" (in "in bulk") picked up by "in" (a hold); and

    (c)   is "directly or " correct; or (in regulation 2(1) of S.I. 1997/2367 directly and "?

  The definition seeks to define certain cargoes which are transported not in individual packages or containers, but directly in the ship.

    (a)   Yes, by reference to their method of carriage.

    (b)   Yes. The Department acknowledges that either the definition, or the phrase "in bulk" (used in the terms "gases in bulk" and "liquids in bulk") should have included the word "carried" or "when carried".

    (c)   It should be "directly and "

  The Department regrets these defects which will be corrected at the next convenient opportunity.

17th November 1997


 
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