Memorandum by the Department of the Environment,Transport and the Regions
1998 (S.I. 1998/1609)
The Committee have asked for a memorandum
on the following point:
Regulation 5(1) disapplies,
in relation to workboats which comply with the Code of Practice
requirements, the listed statutory instruments "Subject to
the provisions of the relevant paragraphs of the Code of Practice".
Explain the purpose and effect of these quoted words, with an
example of a relevant paragraph.
The effect of regulation 5(1) is
to disapply, in relation to workboats complying with the Code
of Practice, the listed statutory instruments. The purpose of
the quoted words is to alert the reader to the fact that despite
this disapplication, certain requirements of the Code are provided
for by reference to provisions of the listed statutory instruments.
An example is found at paragraph
15.2 of the Code of Practice which reads:
"When a fixed fire extinguishing
system (which is not a portable extinguisher) is installed in
a machinery space, it should be a Maritime and Coastguard Agency
(DOT) or equivalent approved type appropriate to the space to
The requirements for fixed fire
extinguishing installations are detailed in the Merchant Shipping
Regulations (e.g. in the Merchant Shipping (Fire Protection) Regulations
1980 and 1984, S.I. 1980 No. 544 and S.I. No. 1218) and in the
1992 edition of "Survey of fire protection arrangements in
merchant ships Instructions for the guidance of surveyors"
(HMSO publication ISBN 0 11 550949 6)."
This paragraph refers the reader
back to S.I. 1980/544 and S.I 1984/1218). The first set of Regulations
is disapplied by regulation 5(1). The second set of Regulations
has been revoked and replaced by the Merchant Shipping (Fire Protection:
Small Ships) Regulations 1998 (S.I. 1998/1011) and the Merchant
Shipping (Fire Protection: Large Ships) Regulations 1998 (S.I. 1998/1012),
both of which are also disapplied by regulation 5(1).
30th July 1998