Joint Committee on Statutory Instruments Forty-Fifth Report


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


The Committee have asked for a memorandum on the following point:

  Regulation 5(1) disapplies, in relation to workboats which comply with the Code of Practice requirements, the listed statutory instruments "Subject to the provisions of the relevant paragraphs of the Code of Practice". Explain the purpose and effect of these quoted words, with an example of a relevant paragraph.

The effect of regulation 5(1) is to disapply, in relation to workboats complying with the Code of Practice, the listed statutory instruments. The purpose of the quoted words is to alert the reader to the fact that despite this disapplication, certain requirements of the Code are provided for by reference to provisions of the listed statutory instruments.

An example is found at paragraph 15.2 of the Code of Practice which reads:

"When a fixed fire extinguishing system (which is not a portable extinguisher) is installed in a machinery space, it should be a Maritime and Coastguard Agency (DOT) or equivalent approved type appropriate to the space to be protected.

The requirements for fixed fire extinguishing installations are detailed in the Merchant Shipping Regulations (e.g. in the Merchant Shipping (Fire Protection) Regulations 1980 and 1984, S.I. 1980 No. 544 and S.I. No. 1218) and in the 1992 edition of "Survey of fire protection arrangements in merchant ships — Instructions for the guidance of surveyors" (HMSO publication ISBN 0 11 550949 6)."

This paragraph refers the reader back to S.I. 1980/544 and S.I 1984/1218). The first set of Regulations is disapplied by regulation 5(1). The second set of Regulations has been revoked and replaced by the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 (S.I. 1998/1011) and the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998 (S.I. 1998/1012), both of which are also disapplied by regulation 5(1).

30th July 1998

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