Joint Committee on Statutory Instruments Thirty-Fifth Report


APPENDIX IV

Memorandum by the Department of the Environment, Transport

and the Regions

MERCHANT SHIPPING (FIRE PROTECTION: SMALL SHIPS) REGULATIONS 1998 (S.I. 1998/1011)

MERCHANT SHIPPING (FIRE PROTECTION: LARGE SHIPS) REGULATIONS 1998 (S.I. 1998/1012)

The Committee have requested a memorandum on the following points:

1.  The definition of "approved" in regulation 1(2) of S.I. 1998/1011 and 1012 refers to Merchant Shipping Notice MSN 1645. Identify the provisions in each instrument which incorporate the Notice of that number.

Merchant Shipping Notice M 1645 is not mentioned in either instrument. The Notice contains a list of types of equipment for which approval may be given by other bodies - in particular classification societies. The equipment in question includes a number of items mentioned in these Regulations.

Notice M 1645 was originally given legal effect by the Merchant Shipping (Delegation of Type Approval) Regulations 1996 (S.I. No. 147).

2.  Regulation 1(2) of 1011 defines "cargo ship" as meaning any ship which is not a passenger ship, pleasure vessel or fishing vessel. The definition of that expression in regulation 1(2) of S.I. 1998/1012 does not contain the exclusion indicated by the underlined words. Explain the reason for this difference.

Cargo ships do not include fishing vessels or pleasure vessels, so the definition in 1998/1012 should have mentioned them.

3.  In relation to 1011, verify the title of the 1997 Regulations referred to in the definition of "dangerous goods" in regulation 1(2), and identify the (missing) S.I. number in footnote (a).

The title should be the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 - reference S.I. 1997/2367.

4.  Regulation 1(2) of 1011 defines "lightweight" as meaning the displacement of a ship in tonnes without cargo, oil fuel, lubricating oil, ballast water, fresh water in tanks or stores, and with passengers and crew and their effects. The definition of that expression in regulation 1(2) of 1012 is in similar terms except for the omission of the underlined word, so that the displacement relates to a ship without passengers and crew and their effects. Is this difference intended?

No difference is intended. 'With' should be omitted.

5.  Regulation 1(2) of 1011 defines "special category spaces" as meaning any enclosed space above or below the bulkhead deck intended for carriage of motor vehicles with fuel in their tanks for their own propulsion, into and from which such vehicles can be driven and to which such vehicles can be driven and to which passengers have access. Explain the need for the underlined words, given the inclusion of the immediately preceding words.

The words are superfluous.

6.  The definition of "standard fire test" in regulation 1(2) of 1011 refers to a specimen of the relevant "B" Class division. Explain the meaning and relevance of the underlined expression.

"B" Class division' has the meaning given in S.I. 1998/1012. A similar definition should have been included in 1011.

7.  As regards the application provision in regulation 1(7)(a)(i) of 1011, specify the descriptions of ships comprised in the provision and in particular explain -

    a.  to what description of ships the words "wherever they may be" apply; and

    b.  what description of ships is indicated by the words beginning "other such ships".

The distinction is between all United Kingdom ships of the Classes, size and tonnage referred to, wherever in the world they may be, and the non-United Kingdom ships of those Classes, size and tonnage when within the UK's jurisdiction.

8.  In relation to the classification of ships set out in regulation 2(1) of 1011, explain the reference (in Class VII) to Class I, and the references (in Classes VIII and IX) to Class II, given that the regulation does not classify ships into Class I or II.

Ships of Classes I and II are passenger ships engaged on international voyages. The definitions of these Classes should have been included.

9.  In relation to the classification of Class XII ships in regulation 2(1) of 1011, ought not "pleasure craft" to have read "pleasure vessels"?

Yes.

10.  Given that regulation 2(1) of 1012 does not classify ships into Classes III, VI and VI(A)-

    a.  identify, in relation to Class VIII(A), the Classes included in the expression "Classes II(A) to VI(A) inclusive";

    b.  explain the reference, in Class IX, to ships of Classes III, VI and VI(A).

Ships of Classes III to VI(A) are ships of those Classes as classed in 1011. The definitions should have been included in 1012.

11.  Regulation 25 of 1011 specifies certain requirements for tankers of Class VII(T) of under 500 tons constructed after 1 September 1984. Is it intended that this provision (effective under regulation 1(5)(c)) should not apply to ships constructed on 1 September 1984? (Compare regulation 31 of 1012 which specifies similar requirements for tankers of Class VII(T) of 500 tons or over constructed on or after 1 September 1984).

The subheading should have read "on or after 1st September 1984".

12.  Explain what is meant by "the lower flammable limit" in regulation 25(2) of 1011 and regulation 31(3) of 1012.

It means the leanest mixture with air that will combust. The expression is common usage in the industry.

13.  Regulation 32(1)(a) of 1011 requires (in the case of a ship constructed before 1 February 1992) hoses forming part of the ship's equipment before that date to be made of closely woven flax, canvas or other suitable material. As regards the corresponding provision in 1012 (regulation 40(1)) "suitable" in relation to material is defined (in regulation 1(2)) as meaning approved by the Secretary of State as suitable for the purpose for which it is used. Is it intended that the word "suitable" in regulation 32(1)(a) should be similarly construed? If so why is that expression not defined in 1011? If this is not the intention, explain what is meant by that word.

The same definition should have been included in 1011.

14.  In regulation 46(2) of 1011 and regulation 104(2) of 1012 are subparagraphs   (a) and (b) intended to apply cumulatively?

Yes.

15.  In regulation 57(5) of 1012 ought not the reference to regulation 56 to be a reference to regulation 55 and the reference to regulation 68(3)(c) to be a reference to regulation 68(2)(c)?

Yes.

16.  Regulation 58(7) and (8) of 1012 refers to doors in a division constructed in compliance with regulation 57(1). Verify the reference to regulation 57(1). If it is correct, explain the reference.

The references are correct. They address doors in (i) main vertical zones, and (ii) stairway enclosures. Both paragraphs require 'A' Class divisions.

17.  Regulation 60(2) of 1012 refers to the integrity of decks required by regulation 58(1). Verify the reference to regulation 58(1). If it is correct, explain the reference.

58(1) is a general requirement to make good openings. 60(2) addresses smoke migration through the duct rather than around it.

It is very much regretted that these instruments were made with the errors identified above. The Department is considering what steps can be taken to prevent similar problems arising in the future. The errors will be corrected at the first convenient opportunity.

25th May 1998


 
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