Joint Committee on Statutory Instruments Forty-Second Report


APPENDIX III

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

MERCHANT SHIPPING (INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE) REGULATIONS 1998 (S.I. 1998/1561)

The Committee requested a memorandum on the following point:

  Regulation 16(1)(b) empowers an authorised person to "suspend the operation of ships by [the] company" when he considers that the company is unable to operate ships without risk. In such a case regulation 16(1)(c) calls for a notice stating that the operation of a specified service is suspended. Explain the discrepancy between the underlined words in sub-paragraphs (b) and (c) and what is intended to be suspended.

A company may operate one or more ships, on one or more "service" eg. plying particular routes. Failures identified under regulation 16(1)(b) might relate to all of his ships (or his ability to operate them safely), or only one ship, or only one service. It is intended that 16(1)(c) should enable the suspension of all ships (and therefore all "services"), or a particular service, or even a particular ship. It is recognised that the wording is not particularly apt for this last case (at least if there is more than one ship), and consideration will be given to an amendment at the first opportunity.

13th July 1998


 
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