Memorandum by the Department of the Environment, Transport and the Regions
1998 (S.I. 1998/2070)
The Committee asked:
(1) Regulation 21 defines
for the purposes of Part III. Explain the relevance of this definition.
Is that expression used elsewhere in that Part and, if so, in
The expression "radio
is not used in Part III and the definition is accordingly unnecessary.
The Department undertakes to correct this error at the first opportunity.
(2) In regulation 39(2) ought
not the reference to the form in Part B of Schedule 5 to have
read Part B of Schedule 6?
(3) In regulation 47(2) ought
not the reference to the form in Part B of Schedule 6 to have
read Part B of Schedule 7?
Yes (in both cases). The Department
regrets these errors and undertakes to correct them at the first
(4) Regulation 44(3)(a) provides
that the reserve source of energy for radio installations "shall
consist of batteries, provided that they are not fitted in the
same space as the means for bringing the reserve source of energy
into immediate operation. Breach of the requirements of the Regulations
makes the ship liable to detention (regulation 49(1)) and is an
offence (regulation 50(2)). Explain the purpose and effect of
regulation 44(3)(a). Does that provision impose a requirement
for the purposes of regulation 49(1), and is breach of that provision
an offence under regulation 50(2)? If so, explain how it would
be determined whether non-compliance of this requirement is a
breach for those purposes.
The first part of regulation 44(3)(a)
(the words before the comma) does not impose a requirement. The
purpose of these words is to make it clear to ship owners and
masters that the Secretary of State considers it preferable that
the reserve source of energy consist of batteries. However, if
the reserve source of energy does not consist of batteries this
is not a breach of any requirement in the Regulations.
The second part of regulation 44(3)(a)
does impose a requirement. If the reserve source of energy consists
of batteries, those batteries shall not be fitted in the same
space as the means for bringing the reserve source of energy into
immediate operation (which space shall be provided in the radio
telegraph operating room or, if this is not possible, close thereto:
see regulation 44 (2)). Non-compliance with this aspect of the
provision does constitute a breach of the Regulations for the
purposes of regulations 49(1) and 50(2).
(5) Regulation 45(6)(a) provides
that no certificate of competency shall be deemed to be valid
on any date if granted more than 2 years before that date and
period, aggregate of periods",
of experience on that date is less than 3 months. Is the aggregate
of several periods intended to be an alternative to a single continuous
period of 3 months?
Yes. The word "or"
was omitted in error from before the words "aggregate
The Department regrets this error and undertakes to correct it
at the first opportunity.
2nd November 1998