Joint Committee on Statutory Instruments Seventh Report


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

Fishing Vessels (Code of Practice for the Safety of Small Fishing Vessels)
Regulations 2001 (S.I. 2001/9)

1. The Committee has requested the Department to submit a Memorandum on the following point:

    "Given that regulation 7(1) requires the Secretary of State to permit certain alternative provision to be made to that required by the Code of Practice, explain why regulation 8 which, read with regulation 6, makes it an offence not to comply with the Code, does not provide for cases where such alternative provision has been permitted.".

2. The Department takes the view that regulation 7 is not a free standing provision, but only a qualification of regulation 6. The obligation imposed by these Regulations is that a vessel must not proceed on any voyage unless it complies with the requirements of the Code of Practice. Those requirements are to use the particular fitting, material, appliance etc. as expressly stated in the Code of Practice, or a fitting, material, appliance etc. which is officially permitted (under regulation 7) on the basis that it is at least as effective.

3. The Department therefore does not consider that regulation 8 needs to make separate provision for the cases covered by regulation 7. Where the Secretary of State has permitted an alternative within the terms of regulation 7, there will be no contravention of regulation 6.

1 February 2001

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