2.—(1) Except in relation to non-Directive fishing vessels which are registered in the United Kingdom, the following Rules are hereby revoked:
The Merchant Shipping (Radio) (Fishing Vessels) Rules 1974 M1;
The Merchant Shipping (Radio) (Fishing Vessels) (Amendment) Rules 1982 M2; and
The Merchant Shipping (Radio) (Fishing Vessels) (Amendment) Rules 1994 M3.
(2) The Fishing Vessels (Safety Provisions) Rules 1975 M4 shall be amended by substituting for Rule 125A the following:
125A. A surveyor appointed in accordance with rule 125C shall carry out a survey (a “radio survey") to ascertain whether the vessel complies with such of the following requirements as apply to it, viz:
Rules 78(3)(a) and 79(b) of these Rules;
the Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999 M5.”.
(3) The Fishing Vessels (Life-Saving Appliances) Regulations 1988 M6 shall be amended by omitting:
(a)in regulation 2(1) the following definitions:
“EPIRB";
“expiry date";
(b)regulation 3; and
(c)in regulation 8(1) “3,".
(4) The Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999 M7 shall be amended as follows:
(a)in regulation 2, after the definition of “operating" there shall be inserted:
““Radio Regulations" means the Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999;”;
(b)in regulation 11(2), for “Regulation II(3)(a) or (b)" there shall be substituted “Regulation 11(5)(a) or (b) of Chapter I";
(c)at the end of regulation 14, there shall be added:
“(3) If the owner or skipper of a fishing vessel fails without reasonable excuse to comply with a requirement made under regulation 11(2) above, he shall be liable on summary conviction to a fine of an amount not exceeding level 2 on the standard scale.
(4) Any contravention of regulation 11(3) above shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years and a fine.”;
(d)in Schedule 3, for the heading there shall be substituted:
(e)in Schedule 3, after paragraph 42 there shall be added:
1. In Regulation 6(1)(b)(iii), for “Chapters VII, IX and X" there shall be substituted “Chapters VII and X and in the Radio Regulations".
2. In Regulation 17(2), for sub-paragraph (a) there shall be substituted:
“(a)the VHF radio installation required by regulation 10(a) and (b) of the Radio Regulations, and if applicable:
(i)the MF radio installation required by regulation 12(1)(a) and (b) and regulation 13(1) paragraphs (b) and (c) of ALTERNATIVE A of the Radio Regulations;
(ii)the ship earth station required by regulation 13(1) paragraph (a) of ALTERNATIVE A of the Radio Regulations; and
(iii)the MF/HF radio installation required by regulation 13(1) paragraphs (a) and (b) of ALTERNATIVE B and regulation 14 of the Radio Regulations;".
3. In the footnote reference “••" to Regulation 14(1), for “Regulation IX/6(1)(c)" there shall be substituted “regulation 10(c) of the Radio Regulations".”.
Marginal Citations
M1S.I. 1974/1919, amended by S.I. 1982/1292 and 1994/1104.
M4S.I. 1975/330; relevant amendments are S.I. 1991/1342, 1996/2419 and 1999/2998.
M6S.I. 1988/38, amended by S.I. 1998/927 and 1999/2998.