Joint Committee on Statutory Instruments Eighth Report


APPENDIX 5

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

Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed
Passenger Craft) Regulations 2001 (S.I. 2001/152)

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

    "(1)  Given articles 4 and 6 of the Directive, should the words "after 16 February 2001" in regulations 4(1)(a) and 6(2)(a) have read "on or after 16 February 2001"?

    (2)  Given the opening words of article 5 of the Directive, explain why regulation 5 fails to specify a time before which the verifications required by regulation 5(1) and (2) are to be carried out.

    (3)  Paragraph (2) of regulation 8 states that, subject to paragraphs (3) and (4), the Maritime and Coastguard Agency must carry out the requisite survey in relation to any vessel which: [(b)] subject to paragraph (3), changes management, changes flag, or transfers class. Explain whether, in (b), the reference to a paragraph (3) is meant to refer to paragraph (4), and why the subjection is needed, given the opening words of paragraph (2)."

2. On point (1), the Department agrees that in regulations 4(1)(a) and 6(2)(a) the phrase "after 16 February 2001" should have been drafted as "on or after 16 February 2001" in order to implement the obligation in articles 4 and 6 of the Directive at the earliest opportunity. As very few vessels enter into service during winter months, it is not however considered that the practical effect of the current drafting is likely to be significant.

3. On point (2), the Department agrees that article 5 of the Directive requires the verifications mentioned in regulation 5(1) and (2) to be carried out either prior to a company's vessel starting operations or by 1 December 2001 for a company's vessel in operation at the date of the regulations coming into force, and that the timing of this requirement has not been transcribed into the Regulations. The Maritime and Coastguard Agency in applying regulation 5 will comply with the timing required by the Directive, and has clarified that timing in a Marine Guidance Notice and in a letter to the companies known to be affected.

4. On point (3), the Department agrees that in regulation 8(2)(b) the phrase "subject to paragraph (3)" is superfluous, apologises to the Committee and notes the point for the future.

12 February 2001


 
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