The Merchant Shipping (Crew Accommodation) (Amendment) Regulations 1989

Statutory Instruments

1989 No. 184

MERCHANT SHIPPING

The Merchant Shipping (Crew Accommodation) (Amendment) Regulations 1989

Made

13th February 1989

Laid before Parliament

20th February 1989

Coming into force

13th March 1989

The Secretary of State after consulting with the organisations referred to in section 99(2) of the Merchant Shipping Act 1970(1), in exercise of powers conferred by section 20 and 92 of that Act and now vested in him(2) and of all other powers enabling him in that behalf, hereby makes the following Regulations:–

Citation and Commencement

1.  These Regulations may be cited as the Merchant Shipping (Crew Accommodation) (Amendment) Regulations 1989 and shall come into force on 13th March 1989.

Amendment of Principal Regulations

2.  The Merchant Shipping (Crew Accommodation) Regulations 1978(3) are hereby amended:–

(a) in regulation 2, by the addition in the appropriate place of the following definition:–

• “ “controlled drugs” are preparations subject to the prescription requirements of the Misuse of Drugs Regulations 1985(4);”;

(b) in regulation 5, by the substitution for paragraph (1)(a)(i) of the following:–

“(i) 1 in 100 in the case of a ship of less than 150 metres in length, and”;

(c) in regulation 6, in paragraph (4) by deleting the full stop and adding after the word “necessary” the following:–

• “provided that the Secretary of State may permit reduction in headroom in any space or part of any space, in such accommodation where he is satisfied that it is reasonable so to do and also that such reduction will not result in discomfort to the crew.”;

(d) in regulation 9, by the substitution for paragraph (2) of the following paragraph:–

“(2) In every ship of which the hull is not constructed of metal the overhead decks shall be constructed of wood not less than 63 millimetres thick properly laid and caulked or of other suitable material having properties of watertightness and insulation equivalent to such a wooden deck.”;

(e) in regulation 10, by the substitution for paragraph (4) of the following paragraph:–

“(4) On every floor deck in crew accommodation, where a fitted carpet is laid such carpet shall be laid on a deck covering complying with the requirements of Schedule 1 to these Regulations and shall be such that it will not readily ignite.”;

(f) in regulation 17, by the substitution for paragraph (2) of the following:–

“(2) no sidescuttle or window shall be of the opening type, if it is required by any other regulations under the Merchant Shipping Acts to be of the non-opening type.”;

(g) in regulation 21, in paragraph (3)(c) deleting the words after “petty officers” and substituting the following:–

“wherever practicable one person per room, but not more than two persons per room;”

(h) in regulation 21, in paragraph (3)(d)(i) by deleting the words “of under 25,000 tons”;

(i) in regulation 21, by deleting paragraph (3)(d)(ii);

(j) in regulation 21, in the final sentence of paragraph (3) by deleting the words “rating” and “those ratings” substituting “person” and “they” respectively;

and adding at the end the following sentence – “An individual sleeping room shall be provided for each adult member of the crew, where the size of the ship, the activity in which it is to be engaged and its layout make this practicable.”;

(k) in regulation 21, by deleting paragraph (5)(b) and inserting in paragraph (5)(c) after the words “per person in a” of “two,”;

(l) in regulation 21, in paragraph (6) by inserting the words “Where practicable” at the beginning of the paragraph and by deleting sub-paragraphs (c) and (d).

(m) in regulation 22, in paragraph (3) by deleting all words after “bed” where it first appears;

(n) in regulation 22, by the deletion of paragraph (6);

(o) in regulation 22, by the substitution for paragraph (8) of the following:–

“(8) The minimum inside dimension of beds shall be adequate to accommodate mattresses of a size not less than 1.98 metres by 800 millimetres.”;

(p) in regulation 24, in paragraph (6) by amending “3000” to read “5000”;

(q) in regulation 25, by substitution for the initial sub-paragraph of paragraph (5) of the following:–

• “In ships of 500 tons or over the following equipment or its equivalent shall be fitted in, or in a suitable space adjacent to, every mess room and shall be readily accessible at all times by the crew using the mess room:”;

• and by the deletion of the proviso to the paragraph;

(r) in regulation 26, by substitution for paragraphs (1), (2), (3), (4), (5) and (7) of the following:–

“(1) Recreation rooms, conveniently situated and appropriately furnished shall be provided for officers and for ratings. Where these are not provided separately from the mess rooms the latter shall be planned, furnished and equipped to give recreational facilities. Furnishings for recreation accommodation shall as a minimum include a bookcase and facilities for reading, writing and where practicable, for games.”;

(s) in regulation 28(5), by the deletion of sub-paragraph (b) and the substitution for sub-paragraph (c) of the following:–

“(b) ratings”;

• and by deleting the proviso;

(t) in regulation 28, by the substitution for paragraphs (12), (13) and (14) of the following:–

“(12) Every washbasin, bath and shower space shall be of suitable size”;

(u) in regulation 28, by the substitution for paragraph (16) of the following:–

“(16) Every bath and shower shall be provided with a handrail, grating or mat. Except in private or semi-private bathrooms the showers shall be provided with kerbs and individual drainage.”;

(v) in regulation 28, by inserting in paragraph (24)(c) before the words “a soil pipe” the following:–

“a connection to an approved vacuum discharge pipe system or”;

(w) in regulation 29, by the substitution for paragraph (2) of the following:–

“(2) The drinking water shall be supplied from tanks of suitable capacity taking account of the number of the crew and the maximum number of days that may elapse between successive replenishments of water. If the water supplied to the sanitary accommodation is of the standard required for drinking water the storage tanks may be combined. If they are combined the total capacity shall be suitably increased.”;

(x) in regulation 29, in paragraph (3) by inserting after the words “constructed as to” the following:–

• “allow efficient maintenance and”;

(y) in regulation 29, by the substitution for paragraph (6) of the following:–

“(6) Where drinking water is produced by plant installed on board the water so produced shall be treated by an automatic means of disinfection acceptable to the Secretary of State.”;

(z) in regulation 30, by the substitution for paragraph (1) of the following:–

“The fresh water laid on to wash basins, baths and showers shall be supplied from tanks of suitable capacity taking account of the number of the crew and the maximum number of days that may elapse between successive replenishments of water; provided that if plant is installed on board for the supply of fresh water the storage capacity may be reduced, but the tanks shall still be sufficient to provide at least two days supply.”;

(A) in regulation 30, in paragraph (2) by inserting after the words “constructed as to” the following:–

• “allow efficient maintenance and”;

(B) in regulation 30, by inserting after paragraph (3) the following paragraph:–

“(3A) All plant installed on board for the production of fresh water shall be fitted with automatic means of disinfection acceptable to the Secretary of State.”;

(C) in regulation 31, by the substitution for paragraphs (1) to (9) of the following paragraphs:–

“(1) In all ships, except where due to the nature of the service the crew are not accommodated overnight, facilities for washing, drying and ironing clothes shall be provided for officers and ratings on a scale appropriate to the size of the crew and the normal duration of the voyage. These facilities shall, wherever possible, be located within easy reach of their accommodation and arrangements shall be made to ensure separate availability of the facilities to officers and ratings.

(2) The facilities to be provided shall include:–

(a) suitable sink(s) and washing machine(s), which may be installed in washrooms if provision of a separate laundry facility is not reasonably practicable, with an adequate supply of hot and cold fresh water or means of heating water; and

(b) drying machine(s) and adequately heated and ventilated drying room(s) unless the drying machine(s) are of a type which dry clothes completely; and

(c) electric iron(s) and ironing board(s) or their equivalent.”;

(D) in regulation 32, by substitution for paragraph (1) of the following:–

“(1) Except in ships in which no member of the crew will be required to mess on board a galley suitably positioned clear of working areas and situated as close as practicable to the mess rooms shall be provided for the preparation of food for the crew.”;

(E) in regulation 32, by the deletion of paragraphs (3) to (6);

(F) in regulation 36, by the substitution in paragraph (1) of the words from the beginning to (a) of the following:–

“(1) A cabinet or other suitable facility for storing medicines and other medical stores, which the ship is required by regulations made under section 21 of the Merchant Shipping Act 1979(5) to carry for the crew shall be well ventilated and fitted in a place in the crew area of the ship which:”;

(G) in regulation 36 by the substitution for paragraph (2) of the following:–

“(2) Where a medical cabinet is required it shall be provided with the following:–

(a) an outer door with an efficient lock;

(b) where controlled drugs are to be stored an inner cupboard fitted with a door and a lock which cannot be opened by the same key as the lock to the outer door;

(c) suitable arrangements for the storage of the medicines, medical stores and associated measuring devices all as required by the regulations referred to in paragraph (1);

(d) a dispensing counter with a surface that can be easily kept clean.”;

(H) in regulation 36, in paragraph (3), by deleting the words “The medical cabinet” and inserting the following:–

• “Where a medical cabinet is fitted it”.

Signed by authority of the Secretary of State.

Michael Portillo

Minister of State,

Department of Transport

13th February 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the provisions of the Merchant Shipping (Crew Accommodation) Regulations 1978 to align them more closely with the International Labour Conventions Nos 92 and 133 on which they are based.

The principal amendments are in respect of plans, headroom, decks, sidescuttles, sleeping accommodation, beds, mess and recreation rooms; washing drainage and fresh water arrangements; laundry facilities, galleys; and storage of medicines.

(1)

1970 c. 36.

(2)

See S.I. 1970/1537.

(3)

S.I. 1978/795, to which there is an amendment not relevant to these Regulations.

(4)

S.I. 1985/2066, amended by S.I. 1986/2330 and 1988/916.

(5)

1979 c. 39.