Joint Committee on Statutory Instruments Twenty-Sixth Report


APPENDIX II

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

MERCHANT SHIPPING (COMPULSORY INSURANCE: SHIPS RECEIVING TRANS-SHIPPED FISH) REGULATIONS 1998 (S.I. 1998/209)

The Committee requested a memorandum on the following point:

    Section 192A(1) of the Merchant Shipping Act 1997 enables regulations to be made requiring that there must be in force in respect of the ship (a) a contract of insurance insuring such person - as may be specified by the regulations against such liabilities as may be so specified and satisfying such other requirements as may be so specified. Regulation 6 requires a contract of insurance to satisfy requirements which are specified in Merchant Shipping Notice No. MSN1711. Explain what empowers specification of these other requirements not in the regulations but in a Merchant Shipping Notice.

Section 192A is inserted into the Merchant Shipping Act 1995 (c. 21) by section 16 of the Merchant Shipping Act 1997 (c.28). Section 192A (6)(b) provides that regulations under the section may "make provision in terms of any document which the Secretary of State ....... considers relevant from time to time". The Department considers that a Merchant Shipping Notice is such a document.

2nd March 1998


 
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