The Fishing Vessels (Safety of 15–24 Metre Vessels) Regulations 2002

Regulation 13

THE SCHEDULE AMENDMENT OF OTHER LEGISLATION

Amendment of the Fishing Vessels (Safety Provisions) Rules 1975

1.  The Fishing Vessels (Safety Provisions) Rules 1975 shall be amended as follows.

2.  Subject to the following paragraphs, in each Rule the words “of 12 metres in length and over”, wherever they appear, shall be omitted.

3.  In Rule 1(2)—

(a) in sub-paragraph (a), for “Rule 1A” there shall be substituted “Rules 1A and 1B”, and “other than fishing vessels of less than 12 metres in length” shall be omitted,

(b) for sub-paragraph (b) there shall be substituted—

“(b) Where a heading of a Rule refers to additional requirements, that Rule shall come into force on 23rd November 2002 for fishing vessels constructed before 23rd November 1995 only in so far as their structural characteristics permit.”, and

(c) in sub-paragraph (c), at the end of paragraph (i) the word “and” and paragraph (ii) shall be omitted.

4.  In Rule 1(5), in the definition of “Machinery space”—

(a) the words “in relation to vessels of 24.4 metres in length and over” shall be omitted, and

(b) the words “and in relation to vessels of less than 24.4 metres in length, means the main engine room” shall be omitted.

5.  After Rule 1A there shall be inserted—

“1B United Kingdom vessels of less than 15 metres length overall, or of at least 15 metres length overall but less than 24 metres registered length

These Rules do not apply to fishing vessels to which either of the following apply—

(a) the Fishing Vessels (Code of Practice for the Safety of Small Fishing Vessels) Regulations 2001(1);

(b) the Fishing Vessels (Safety of 15–24 Metre Vessels) Regulations 2002(2).”

6.  In Rule 5—

(a) paragraphs (2) and (3)(a)(i) shall be omitted, and

(b) in paragraph (3)(a), the words “of lengths more than 24.4 metres but” shall be omitted.

7.  In Rule 8, the words “and provided further that” to the end shall be omitted.

8.  For the heading to Rule 16A, there shall be substituted “Additional requirements relating to stability”.

9.  For the heading to Rule 20A, there shall be substituted “Additional requirements relating to control position”.

10.  In Rules 25, 27 and 30—

(a) in the heading to each Rule, the words “—vessels of 24.4 metres in length and over” shall be omitted, and

(b) in paragraph (1) of each Rule, the words “of 24.4 metres in length and over” shall be omitted.

11.  Rules 26, 28, 31, 37, 42, 42A, 43(6), 46, 54B, 67, 69, 71, 79, 80, 104, 105 and 120 shall be omitted.

12.  In Rule 34—

(a) in paragraph (3), the words “of 24.4 metres in length and over,” shall be omitted,

(b) paragraph (9) shall be omitted, and

(c) in paragraph (10), for the words “vessels of 12 metres in length and over to which these Rules apply” there shall be substituted “every such vessel”.

13.  In Rule 36—

(a) for the heading there shall be substituted “Bilge pumping requirements”, and

(b) in paragraph (1), the words “of 24.4 metres in length and over” shall be omitted.

14.  In Rule 41—

(a) for the heading there shall be substituted “Electrical installations”,

(b) in paragraph (1), the words “of 24.4 metres in length and over” shall be omitted, and

(c) in paragraph (9), the words “24.4 metres in length and over but” shall be omitted.

15.  For the heading to Rule 41A, there shall be substituted “Additional requirements relating to electrical swichboards”.

16.  In Rule 45—

(a) in the heading, the words “of 24.4 metres in length and over” shall be omitted, and

(b) in paragraph (1), the words “of 24.4 metres in length and over” shall be omitted.

17.  In Rule 49—

(a) in the heading, the words “—vessels of 24.4 metres in length and over” shall be omitted, and

(b) the words “of 24.4 metres in length and over” shall be omitted.

18.  In Rule 51, in the sub-heading to paragraph (3) the words “for vessels of 15 metres in length or over” shall be omitted.

19.  For the heading to Rule 54A, there shall be substituted “Additional requirements relating to equipment used in hoisting”.

20.  In Rule 56—

(a) in paragraph (4), the words “in vessels of 24.4 metres in length and over” shall be omitted,

(b) in paragraph (5), the last sentence shall be omitted,

(c) in paragraphs (9) and (20), for “every vessel of 24.4 metres in length and over to which these Rules apply” there shall be substituted “every such vessel”, and

(d) in paragraph (10), for “every vessel of 12 metres in length and over to which these Rules apply” there shall be substituted “every such vessel”.

21.  In Rules 57(11) and 58(10), for “every vessel of 24.4 metres in length and over to which these Regulations apply” there shall be substituted “every such vessel”.

22.  In Rule 60—

(a) sub-paragraph (a) of paragraph (2) shall be omitted, and

(b) in paragraph (5), the words “of 12 metres in length and over to which these Regulations apply” shall be omitted.

23.  For the heading to Rule 60A, there shall be substituted “Additional requirements relating to emergency routes and exits”.

24.  In Rule 62, the words “and in other vessels of 24.4 metres in length and over” shall be omitted.

25.  For the heading to Rule 63A, there shall be substituted “Additional requirements relating to traffic routes”.

26.  For the heading to Rule 65A, there shall be substituted “Additional requirements relating to spaces accessible to workers, work or handling areas, and accommodation ladders etc”.

27.  In Rule 65B—

(a) at the beginning there shall be inserted the heading “Personal protective equipment”, and

(b) in paragraph (1), for “protection” there shall be substituted “protective”.

28.  For the heading in Rule 72A, there shall be substituted “Additional requirements relating to electronic aids to navigation”.

29.  In Rules 78 and 103, in the heading and in paragraph (1), the words “24.4 metres in length and over but” shall be omitted.

30.  In Rule 87—

(a) in paragraph (1), the words “of 17 metres in length and over” shall be omitted,

(b) paragraph (2) shall be omitted, and

(c) in paragraph (3), for “every vessel to which these Rules apply” there shall be substituted “every such vessel”.

31.  For the heading to Rule 106A, there shall be substituted “Additional requirements relating to signs for manually-operated fire-fighting equipment”.

32.  In Rule 111(4), the words “of 24.4 metres in length and over” shall be omitted.

33.  In Rule 121—

(a) in paragraph (1), the words “of 24.4 metres in length and over” shall be omitted, and

(b) paragraph (2) shall be omitted.

34.  In Rule 124, the words “76(3)(a), 77(5)(a),” and “79(b)” shall be omitted.

35.  In Rule 125A, for “Rules 78(3)(a) and 79(b)” there shall be substituted “Rule 78(3)(a)”.

36.  In Rule 126B, the words “for fishing vessels of 24 metres in length and over”, where they first appear, shall be omitted.

Amendment of the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975

37.  The Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975(3) shall be amended as follows.

38.  In regulation 1(2), after the definition of “Register” there shall be inserted—

• ““registered length” means the measurement which—

  (a)

  is recorded as the registered length in the vessel’s certificate of registry issued under the Merchant Shipping (Registration of Ships) Regulations 1993(4), in the case of a registered fishing vessel, or

  (b)

  would be the registered length if the vessel were registered under Part II of the Register, in the case of an unregistered vessel;”.

39.  In regulation 2(1), for “24.4 metres or more in length” there shall be substituted “24 metres or more registered length”.

40.  In regulation 2(2)—

(a) in sub-paragraph (a), the words “of 15 metres in length or more” shall be omitted,

(b) in sub-paragraph (b), the words “of 18 metres in length or over” shall be omitted, and

(c) sub-paragraph (c) shall be omitted.

41.  In regulation 3(1), for “24.4 metres or over in length” there shall be substituted “24 metres or more registered length”.

42.  In the sub-heading to regulation 6(7), and in the heading to regulations 16A, 25A and 27A, the words “of 15 metres or more in length” shall be omitted.

43.  In the sub-heading to regulation 6(8) and in the heading to regulation 14A, the words “of 18 metres in length or more” shall be omitted.

44.  In the headings to regulations 10A, 15A and 29A, and in the sub-heading to regulations 7(9) and 11(4), the words “of 18 metres in length or more” and “of 15 metres or more in length” shall be omitted.

45.  In the heading to regulation 25B, the words “of 18 metres in length and over” and “of 15 metres or more in length” shall be omitted.

46.  In regulation 36—

(a) in the heading the words “of 15 metres or more in length” shall be omitted, and

(b) for “at work in places” there shall be substituted “at workplaces”.

Amendment of the Fishing Vessels (Life-Saving Appliances) Regulations 1988

47.  The Fishing Vessels (Life-Saving Appliances) Regulations 1988(5) shall be amended as follows.

48.  In regulation 2(4), for “United Kingdom fishing vessels of 12 metres in length and over but less than 24 metres in length” there shall be substituted—

• “existing United Kingdom fishing vessels of 24 metres in length and over.”.

49.  In regulation 5(1), the words “of 12 metres in length and over” shall be omitted.

50.  For the heading, before regulation 5A, there shall be substituted “Life-saving and survival equipment”.

51.  Regulation 5A shall be omitted.

52.  Before regulation 5C the heading “Recovery of persons overboard” shall be inserted.

Amendment of the Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999

53.  The Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999(6) shall be amended as follows.

54.  In regulation 3(1)—

(a) after the definition of “length” there shall be inserted—

• ““length overall” means the distance between the foreside of the foremost fixed permanent structure and the afterside of the aftermost fixed permanent structure; and “fixed permanent structure”—

  (a)

  includes any portion of the hull which is capable of being detached, but which is fixed in place during the normal operation of the vessel,

  (b)

  does not include functional arrangements such as safety rails, bowsprits, pulpits, stemhead fittings, rudders, steering gear, outdrives, outboard motors, propulsion machinery, diving platforms, rubbing strips and fenders, other than where such functional arrangements are designed to replace any part of the hull that has been removed;”; and

(b) in the definition of “non-Directive fishing vessel”, for “12 metres or more” in both places there shall be substituted “at least 15 metres length overall”.

55.  In the heading to Part III, for “12 metres or more” in both places there shall be substituted “at least 15 metres length overall”.

Amendment of the Fishing Vessels (Code of Practice for the Safety of Small Fishing Vessels) Regulations 2001

56.  The Fishing Vessels (Code of Practice for the Safety of Small Fishing Vessels) Regulations 2001 shall be amended as follows.

57.  In regulation 2, for the definition of “length” there shall be substituted—

• ““length overall” means the distance between the foreside of the foremost fixed permanent structure and the afterside of the aftermost fixed permanent structure; and “fixed permanent structure”—

  (a)

  includes any portion of the hull which is capable of being detached, but which is fixed in place during the normal operation of the vessel,

  (b)

  does not include functional arrangements such as safety rails, bowsprits, pulpits, stemhead fittings, rudders, steering gear, outdrives, outboard motors, propulsion machinery, diving platforms, rubbing strips and fenders, other than where such functional arrangements are designed to replace any part of the hull that has been removed;”.

58.  In regulation 3, for “of less than 12 metres in length” there shall be substituted “of less than 15 metres length overall”.

59.  At the beginning of regulation 6, for “A vessel” there shall be substituted “Subject to regulation 7, a vessel”.

(1)

S.I. 2001/9, as amended by S.I. 2002/ ... ... ... ...

(2)

S.I. 2002/ ... ... ... ...

(3)

S.I. 1975/2220, the relevant amending instrument is S.I. 1998/929.

(4)

S.I. 1993/3138, to which there are amendments not relevant to these Regulations.

(5)

S.I. 1988/38, the relevant amending instruments are S.I. 1998/927 and 2001/9.

(6)

S.I. 1999/3210.