The Merchant Shipping (Categorisation of Waters) Regulations 1992

Statutory Instruments

1992 No. 2356

MERCHANT SHIPPING

SAFETY

The Merchant Shipping (Categorisation of Waters) Regulations 1992

Made

1st October 1992

Laid before Parliament

9th October 1992

Coming into force

31st October 1992

The Secretary of State for Transport, after consulting with the persons referred to in section 22(2) of the Merchant Shipping Act 1979(1) in exercise of the powers conferred on him by sections 21(1)(a) and (b) and (4) and 22(3)(a) of that Act and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1.—(1) These Regulations may be cited as the Merchant Shipping Categorisation of Waters Regulations 1992 and shall come into force on 31st October 1992.

(2) The Merchant Shipping (Smooth and Partially Smooth Waters) Regulations 1987(2) are hereby revoked.

2.  References to Merchant Shipping Notice M1504 includes references to any subsequent Merchant Shipping Notice amending or replacing it which specifies the date on which such subsequent notice takes effect and which the Secretary of State considers relevant from time to time.

3.—(1) This regulation applies to instruments [made or] in force at the time of the making of these Regulations being—

(a) regulations made pursuant to section 21(1) of the Merchant Shipping Act 1979; or

(b) rules or regulations made pursuant to any other provision of the Merchant Shipping Acts 1894 to 1988

in which the expression “smooth waters” or “partially smooth waters” or any cognate expression occurs.

(2) For the purposes of any instrument to which this regulation applies and notwithstanding anything therein—

(a) “category A, B, C or D waters” shall respectively mean the waters specified as Category A, B, C or D waters in Merchant Shipping Notice M1504.

(b) the term “smooth waters”, when used in the regulations referred to in paragraph (1) of this regulation means category A and B and C waters combined and the term “partially smooth waters” means category D waters.

Signed by Authority of the Secretary of State for Transport

Caithness

Minister of State,

Department of Transport

1st October 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace the Merchant Shipping (Smooth and Partially Smooth Waters) Regulations 1987. The smooth waters listed in the Schedule to those Regulations have been divided into three categories, A and B and C, and the partially smooth waters become Category D, and references in other existing Regulations to “smooth and partially smooth waters” become references to Category A, B, C and D waters.

The waters which are designated as “Category A, B, C or D waters” for the purposes of rules and regulations under the Merchant Shipping Acts are set out in Merchant Shipping Notice M1504. All inland and sheltered waters which can be used by passenger ships are now categorised. There are very minor changes to the existing smooth water limits.

Merchant Shipping Notices are obtainable from the Marine Library Department of Transport, Sunley House, 90/93 High Holborn, London, WC1V 6LP or from any Department of Transport Marine Office.

(1)

1979 c. 39.

(2)

S.I. 1987/1591.