Joint Committee on Statutory Instruments Second Report



APPENDIX 6

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

MERCHANT SHIPPING (LIFE-SAVING APPLIANCES FOR SHIPS OTHER THAN SHIPS OF CLASSES III TO VI(A)) REGULATIONS 1999 (S.I. 1999/2721)

  1. The Committee asked for a memorandum on the following points:

(1)  In regulation 7 paragraph (16)(c)(i) refers to rescue boats provided pursuant to paragraph (3) which provides for lifeboats (as distinct from rescue boats). Given that a "rescue boat" is defined as a boat complying with specified requirements, explain why paragraph (3) does not use that expression.

(2)  Explain, in regulation 7(16)(c)(iv), what officer or body "accepts" (or does not accept) that a boat is "accepted as a boat for use in an emergency".

(3)  A corresponding question to (1) above as regards regulation 8(4) and (19)(c)(i).

(4)  Given that regulation 8 applies to ships of Class II (ships engaged only on short international voyages), explain the provision in paragraph (7)(a) which assumes the ship proceeds to sea on a long international voyage.

(5)  In regulation 10(18) is the reference to a marine escape system intended to be a reference to a marine evacuation system (as defined with attracted requirements in regulation 2).

(6)  Paragraph (2) of each of regulations 15, 16 and 17 applies regulation 10(3) (amongst other provisions of regulation 10) to ships of the relevant class and description as it (regulation 10(3)) applies "to ships of Class VII of 500 tons or over". Explain this application of regulation 10(3) and the quoted words, given that regulation 10(3) itself does not apply to such Class VII ships but to Class VII ships of 1,600 tons or over.

(7)  In regulation 28, paragraph (11)(c) emergency lifeboats carried in compliance with regulations 7(3), 8(4) or 11(3) are to be equipped with winches and paragraph (14) contains an exception from its requirements for lifeboats required by regulations 7(2), 8(4) and 11(2). Verify the latter references to regulations 7(2) and 11(2).

(8)  Regulation 37(1) deals with the replacement of life-saving appliances in ships "constructed on or before 1st July 1986". Explain the underlined words, given that Part II of the Regulations (including regulation 37) is (by regulation 5) limited in its application to ships constructed before (and not on) that date.

(9)  In regulation 42(3)(a)(i), which of "may" and "shall" (in relation to carrying liferafts) is intended?

(10)  In regulation 43 paragraph (18)(c)(i) requires at least one of the rescue boats "provided pursuant to" to be a fast rescue boat. "Pursuant to" what provision?

(11)  In regulation 45, in the words "Every such ship" opening paragraph (13), explain to what class of ship "such" refers.

(12)  Paragraphs (2) and (3) of regulation 46 contain different requirements for the equipment of the specified classes of ship which apply to every such ship "when in category A, B and C waters" (paragraph (2)) and to every such ship "when in category A, B, C and D waters" (paragraph (3)). Explain the discrepant requirements for the same classes of ships when in category A, B and C waters; should not the requirements of paragraph (3) have been limited to ships when in category D waters?

(13)  Given that regulation 46 applies to ships of Classes IXA and IX(A)(T) (and not to class IX), explain the provision of paragraph (4) which assumes that tugs and tenders fall within paragraphs (2) and (3).

(14)  In regulation 50(11), verify the reference to regulation 53(5) (contrast 51(5) in (9)).

(15)  Explain whether the marine escape system regulated by regulation 54 is the same as the marine evacuation system as defined (with attracted requirements) in regulation 2, or different, and if different, what the system is.

(16)  In regulation 63(2)(c), explain the words "so approved" used in relation to appliances.

(17)  In regulation 64 paragraph (15) verify the reference to regulation 23. Is it meant to be a reference to regulation 81?

(18)  In regulation 66(20)(a), is the allowance that the equipment required by that subparagraph may be the equipment carried in compliance with subparagraph (11)(b) intended to be confined to (b), as distinct from all the provisions of (11)? Contrast e.g. regulation 63(15)(a).

(19)  As regards the corresponding provisions of regulation 67, the same question as in (12) above.

(20)  As regards regulation 67(4), the same question as in (13) above.

(21)  In regulation 71, paragraph (11) refers to transfer of liferafts in compliance with regulation 74(5). Is this intended to be a reference to 72(5) as in paragraph (9)(b)?

(22)  In regulation 85(4)(b), verify the references to regulation 7(2) and (8). Are the references intended to be reference to the corresponding paragraphs of regulation 8?

(23)  Paragraph 3 of the Explanatory Note refers to detailed matters not dealt with in the Regulations which are "not contained in Merchant Shipping Notices MSN 1676(M) and 1677(M)". Confirm that the word "not" should have been omitted, and will be dealt with in a correction slip and in the bound volume version.

Points (1) and (3)

  2. The references in regulations 7(16)(c)(i) and 8(19)(c)(i) to rescue boats provided pursuant to regulations 7(3) and 8(4) respectively should have been free-standing requirements to provide fast rescue boats which apply in addition to the requirements in those regulations to provide lifeboats, and will be amended.

Point (2)

  3. In regulation 7(16)(c)(iv) the phrase "accepted as a boat for use in an emergency" is intended to be a reference to such acceptance by the Administration of the Government of the State whose flag the ship is entitled to fly (in the UK the Secretary of State). It is agreed that the reference requires clarification and will be amended.

Point (4)

  4. Regulation 8(7)(a) was inserted in regulation 8 in error, and will be deleted from the Regulations.

Point (5)

  5. In regulation 10(18) the reference to a marine escape system should be a reference to a marine evacuation system, and will be amended.

Point (6)

  6. The references in regulations 15(2), 16(2), and 17(2) to regulation 10(3) applying as it applies to Class VII ships over 500 tons should be references to regulation 10(3) applying as it applies to Class VII ships over 1,600 tons, and regulations 15, 16 and 17 will be amended accordingly.

Point (7)

  7. The references in regulation 28(14) to regulations 7(2) and 11(2) should be references to regulations 7(3) and 11(3), and will be amended.

Point (8)

  8. In regulation 37(1) the reference to ships constructed on or before 1st July 1986 should be a reference to ships constructed before 1st July 1986, and will be amended.

Point (9)

  9. In regulation 42(3)(a)(i) the word "shall" was inserted in error, and the provision will be amended accordingly.

Point (10)

  10. Regulation 43(18)(c)(i) should contain a reference to paragraph (6), and will be amended accordingly.

Point (11)

  11. In regulation 45(13) the phrase "Every such ship" should be a reference to "Every ship", and will be amended.

Point (12) and Point (19)

  12. A ship used on a voyage which take place only in category A, B and C waters is required to carry only the required equipment for those categories of waters. A ship used on a voyage that take place in category A, B and C waters but also in part in category D waters is required to carry the required equipment for category D waters during the whole of that voyage. It is agreed that the drafting of regulation 46(2) and (3) and regulation 67(2) and (3) requires clarification in order to fully reflect this intention, and they will be amended.

Point (13) and Point (20)

  13. Class IX(A) includes tugs and tenders which do not proceed to sea, and regulation 46(4) and regulation 67(4) make provision for such vessels.

Point (14)

  14. The reference in regulation 50(11) to regulation 53(5) should be a reference to regulation 51(5), and will be amended.

Point (15)

  15. The references in regulation 54 to a marine escape system should be references to a marine evacuation system, and they will be amended.

Point (16)

  16. The reference "so approved" is a reference to liferaft launching appliances approved for use by the Administration of the Government of the State whose flag the ship is entitled to fly (in the UK, the Secretary of State) on both sides of the ship. It is agreed that the phrase requires clarification, and it will be amended.

Point (17)

  17. The reference in regulation 64(15) to regulation 23 should be a reference to regulation 81, and will be amended.

Point (18)

  18. The reference in regulation 66(20)(a) to regulation 66(11)(b), although more limited than the equivalent reference contained in regulation 63(15)(a), relates to the only two-way communication equipment mentioned in regulation 66(11), and is therefore sufficiently wide to cover all the equipment relevant to regulation 66(20)(a).

Point (21)

  19. The reference in regulation 71(11) to regulation 74(5) should be a reference to regulation 72(5), and will be amended.

Point (22)

  20. The references in regulation 85(4)(b) to regulation 7(2) and (8) should be references to regulation 8(2) and (8), and will be amended.

Point (23)

  21. The word "not" in paragraph 3 of the Explanatory Note should have been "now". A correction slip will be issued and the Statutory Publications Office asked to correct the bound volume version.

  22. The Department apologises for the errors in the Regulations. These include a number of typographical errors, incorrect cross-references and wording which derives from the SOLAS Convention. The Department regrets that on this occasion these errors were not picked up by its established internal procedures for scrutiny of statutory instruments. It has drafted amending Regulations which will be made as soon as possible and issued free of charge to all known recipients of the Regulations.

18 November 1999


 
previous page contents

House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 13 January 2000