Joint Committee on Statutory Instruments Second Report


APPENDIX II

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

MERCHANT SHIPPING (PASSENGER SHIP CONSTRUCTION: SHIPS OF CLASSES I, II AND II (A)) REGULATIONS 1998 (S.I. 1998/2514)

The Committee requested a memorandum on the following points:

(1) Regulation 6 (beginning Part II) states that except for specified regulations it applies to all ships. Please explain the relevance of the exception of regulation 21 (which is in Part III).

The reference to regulation 21 is otiose.

(2) In regulation 11(4), ought the reference to a regulation 10(3) tunnel to be a reference to regulation 10(7)?

Yes.

(3) In regulation 12(2), ought the saving for the Load Lines Rules 1968 to be a saving for the Merchant Shipping (Load Lines) Regulations 1998 (No. 2241) (which revoked those Rules)? If not, explain the saving.

Yes, it should be a reference to the 1998 Regulations.

(4) Please explain the reference in regulation 15(4)(b) to "regulation 15(3)".

Regulation 15(3) refers to Schedule 10 of MSN 1698: that Schedule contains the reference to that type of bulkhead.

(5) Verify the reference in regulation 32(2)(f) to entries (in the log-book) required by regulation 31. Should it be to regulation 34?

Yes.

(6) Identify the "relevant regulations" (containing stability criteria) referred to in regulation 43(1).

Regulations 37, 42, 43, 44, 45 and 46 as applicable. It is accepted that this should have been made clearer.

(7) In regulation 54(3), ought the reference to paragraph (1) to be a reference to paragraph (2)?

No. The requirements apply to the generating sets, at least two of which are required in every ship by paragraph (1).

(8) In regulation 62(5)(a),are both "design" and "standards" (as well as materials) intended to be relevant for the required pressure tests? (Compare regulation 52(1)(a) of the corresponding Regulations for ships of classes III to VI(A): S.I. 1998/2515). If not, which is intended?

The word 'standards' is superfluous: this regulation should correspond to that in S.I. 1998/2515.

(9) Since regulation 91(5) and (6) create offences triable either way, ought not the summary fine to be expressed by reference to the statutory maximum?

Yes.

These errors are regretted, and will be corrected at the first convenient opportunity.

23rd November 1998


 
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