The Merchant Shipping (Hatches and Lifting Plant) Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect in part to the Merchant Shipping (Minimum Standards) Convention 1976 (International Labour Organisation Convention 147) (Cmnd 7163), laid before Parliament on 24th April 1978 and ratified by the United Kingdom on 28th November 1980 which is in force internationally and requires provisions to be made substantially equivalent to those of (amongst other Conventions) the Prevention of Accidents (Seafarers) Convention 1970 (International Labour Organisation Convention 134, Article 4) (Cmnd 4800) which is in force but has not been ratified by the United Kingdom. The Regulations, with other provisions, will also allow ratification by the UK of the Convention and a recommendation concerning occupational safety and health in dock work (International Labour Organisation Convention 152) (Cmnd 8118) laid before Parliament in December 1980 and in force internationally.

These Regulations will with others also allow the repeal of the Docks Regulations 1934 (S.R. & O. 1934 No. 279) in respect of those provisions relating to dock operations by ships crews. The Regulations require that hatch covernings are soundly constructed and used in a safe manner (Regulation 4). The Regulations also require the sound construction of lifting plant and equipment for supporting loads, lifting attachments which form an integral part of the load or slings, and the safe use of lifting plant by trained operators (Regulation 6). They provide for the testing (Regulation 7) and thorough examination (Regulation 8) of lifting plant with the retention of appropriate certificates (Regulation 10) as well as the relevant marking of plant and lifting gear (Regulation 9).

In the case of ships not registered in the United Kingdom the Regulations require that ships which do not conform to the standards of health and safety required by these regulations may be detained.

Chapters 17 and 18 of the Code of Safe Working Practices, referred to in regulations 5 and 4(1) respectively, are set out in Merchant Shipping Notices Nos. M1347 and M1346. Merchant Shipping Notices are obtainable from the Department of Transport Marine Library, Sunley House, Holborn, London WC1V 6LP or from any Department of Transport Marine Office. The command papers containing I.L.O. Conventions 147 and 134, Cmnd 7163 and Cmnd 4800, are no longer in print, but photocopies of them may be obtained through Her Majesty’s Stationery Office. Copies of I.L.O. Conventions may also be obtained from the U.K. Office of the I.L.O., 96/98 Marsham Street, London SW1P 4YL.