Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect to the provisions of Chapter V of the International Convention for the Safety of Life at Sea 1974 (SOLAS) as amended in accordance with its Protocol of 1988 and by IMO resolution MSC.99(73).

The Regulations revoke a number of sets of Regulations and replace them with provision for ships to comply with various provisions in Chapter V. They also repeal provisions in the Merchant Shipping Act 1995, so as to avoid duplication of provision. Some consequential amendments of other Regulations and of section 91(5) of the 1995 Act are also made. (Regulation 3 and Schedules 1 and 2). Supplementary provision on the safety of navigation requirements is made by regulation 6 and Schedule 3.

The Regulations provide for the granting of exemptions and permission for equivalents (regulations 7 and 8), and the granting of approvals (regulation 9).

The Regulations also provide for contravention of various requirements to be offences, and subject to criminal penalties (regulation 10 and Schedule 4). In cases of non-compliance a ship may be detained (regulation 11).

A Regulatory Impact Assessment has been prepared and copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG. A copy has been placed in the Library of each House of Parliament.

Merchant Shipping Notices can be obtained from Marl Marketing (Scotland), Unit 6, Bloomsgrove Industrial Estate, Norton Street, Nottingham NG7 3JG (telephone 0115 901 3336; fax 0115 901 3334; e-mail orders mca@promo-solution.com). They may also be accessed via the MCA’s website http://www.mcga.gov.uk.

The MCA publication “Safety of Navigation—Implementing SOLAS V, 2002” can be obtained from The Stationery Office. A copy will also be available on the MCA’s Website, which the MCA intends to keep up to date with any amendments.

Copies of the SOLAS Convention and its Protocols and amendments, and of IMO resolutions, may be obtained from the IMO at 4 Albert Embankment, London SE1 7SR.