Statutory Instruments
Merchant Shipping
Made
11th February 2010
Laid before Parliament
18th February 2010
Coming into force
6th April 2010
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and sections 85(1)(a) and (b), (3), (5) to (7) and 86(1) of the Merchant Shipping Act 1995 M2 (“the Act”) as read with paragraph 1A of Schedule 2 to the European Communities Act 1972 M3.
The Secretary of State is a Minister designated M4 for the purpose of section 2(2) of the European Communities Act 1972 in relation to measures relating to the safety of ships, and the health and safety of persons on them.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) M5 to be construed as references to those provisions as amended from time to time.
In accordance with section 86(4) of the Act the Secretary of State has consulted the persons referred to in that section.
Marginal Citations
M11972 c. 68; by virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c.51) regulations may be made under section 2(2) of the European Communities Act 1972 to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993 (Cm 2183).
M21995 c. 21; sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28) sections 8 and 29, Schedule 7, Part I and are applied to hovercraft by the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350) to which there are amendments not relevant to these Regulations.
M3Paragraph 1A was inserted by the Legislative and Regulatory Reform Act 2006 (c.51), section 28.
M5O.J. No. L 131, 5.5.1998, p. 11; relevant instruments that amend or supplement this Directive are Directive 2007/30/EC of the European Parliament and of the Council (O.J. No. L 165, 27.6.2007, p.21), Commission Directive 2000/39/EC (O.J. No. L 142, 16.6.2000, p. 14) and Commission Directive 2006/15/EC (O.J. No. L 38, 9.2.2006, p. 36). Added to Annex XVIII of the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 97/1999 of 16th July 1999 (O.J. No. L 296, 23.11.2000, p.75). Directive 89/391/EEC is to be found at O.J. No. L 103, 29.6.1989, p. 1.