Joint Committee on Statutory Instruments Ninth Report


APPENDIX

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

MERCHANT SHIPPING (PILOT TRANSFER ARRANGEMENTS) REGULATIONS 1999 (S.I. 1999/17)

The Committee asked for a memorandum on the following point:

    Given that regulation 6(2) imposes on the responsible officer a duty of supervision of certain operations and a duty to ensure the crew is instructed in those operations,  explain whether the criminal offence in regulation 8(3) is meant to apply only to a failure of his to supervise or is meant also to apply to a failure of his to ensure the crew is instructed as required by regulation 6(2).

The criminal offence in regulation 8(3) should have related also to a failure to instruct the crew, but does not do so. The omission will be corrected at the first convenient opportunity.

8th February 1999




 
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