Memorandum by the Department of the Environment,
Transport and the Regions
1997 (S.I. 1997/2367)
By a letter from its Clerk dated 12 November 1997 the Committee
asked for a memorandum on the following points:
(1) Given that these Regulations are made both under
section 2(2) of the European Communities Act 1972 and other "domestic"
powers, explain why (in accordance with paragraph 2.101A of Statutory
Instruments Practice) the Explanatory Note does not identify the
provisions not made under the 1972 Act and indicate what they
Only regulations 10, 20 and 21 implement EC obligations,
and then overlapping with provisions in the International Convention
for Safety of Life at Sea 1974, and the International Convention
for Prevention of Pollution from Ships 1973. Thus all regulations
except 10, 20 and 21 are made under "domestic" powers,
and 10, 20 and 21 are also to some extent made under "domestic
powers". However regulations 20 and 21 go further than the
international conventions and accordingly the 1972 Act was cited
to ensure that there were full powers. The 1972 Act was also cited
to provide that "Government ships" (see sub-paragraph
(c) of definition of "United Kingdom Ship" in regulation
2(1)), are covered.
It is regretted that the appropriate information was not
put in the Explanatory Note.
(2) As regards powers, ought not section 85(1)(c)
of the 1995 Act to have been recited as the basis for regulation
Section 85(1)(c) was repealed by the Merchant Shipping and
Maritime Security Act 1997, section 8, and its enabling powers
are now subsumed in section 85(1)(b).
(3) In regulation 2(1), in the definition of "in
bulk", is "directly and without intermediate
form of containment" correct or should the bold word be "or"?
The words are correct.
(4) Regulation 9 regulates the onus of proof in proceedings
for an offence "under regulations 5 or 6". Ought not
the reference to regulation 5 or 6 (5 creating no offence) to
be a reference to regulation 6 (only).
It is agreed the reference should be to regulation 6 only.
(5) In regulation 10(3) explain the words "No
packaged goods shall be offered for carriage or taken on board
any ship unless the master or operator has been provided with
a document including without prejudice to regulation 11(2). Such
details include the following details".
The text should have been one sentence, requiring that the
document contained the specified details. This error, and the
previous one, are regretted, and will be corrected at the first
17th November 1997