The Merchant Shipping (Port State Control) (Amendment) Regulations 2003

Amendment of Merchant Shipping (Port State Control) Regulations 1995

4.—(1) Regulation 2(2) (interpretation of Part 1) shall be amended as follows.

(2) In the definition of “clear grounds”, for the words “MSN 1725” there shall be substituted the words “MSN 1775”.

(3) In the definition of “Conventions”, for the words after “(COLREG 72),” there shall be substituted the following—

• “the International Convention on Tonnage Measurement of Ships, 1969 (ITC 69), the Merchant Shipping (Minimum Standards) Convention, 1976 (ILO No. 147) and the International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC 92),

• together with the Protocols and amendments to these Conventions and related Codes of mandatory status, in force at 22nd July 2003, and thereafter in their up-to-date versions in so far as those versions:

  (a)

  relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995,

  (b)

  are considered by the Secretary of State to be relevant from time to time, and

  (c)

  are specified in a Merchant Shipping Notice; and

  a reference to a Convention is a reference to any of the Conventions;”.

(4) In the definition of “Maritime and Coastguard Agency”(1), for the words “Department of the Environment, Transport and the Regions” there shall be substituted the words “Department for Transport”.

(5) In the definition of “member State”, for the words “a State Party to the European Free Trade Association” there shall be substituted the words “an EEA State”.

(6) In the definition of “MOU”, for the words “as it stands on 1st July 1999” there shall be substituted the words

• “as it stands on 22nd July 2003, and thereafter in its up-to-date version in so far as that version:

  (a)

  relates to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995,

  (b)

  is considered by the Secretary of State to be relevant from time to time, and

  (c)

  is specified in a Merchant Shipping Notice”.

(7) For the definition of “MSN 1725” there shall be substituted the following—

““MSN 1775” means Merchant Shipping Notice No. MSN 1775”.

(8) The following definitions shall be inserted in the appropriate places in alphabetical order:

““access refusal notice” means a notice served in accordance with the procedures set out in Annex XII, Section B of MSN 1775 by the Maritime and Coastguard Agency or other competent authority of the port in which the ship is detained”;

““class certificate” means a certificate from the classification society which has the ship in class showing that the ship conforms to the class standards stipulated by that society”;

““EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(2) as adjusted by the Protocol signed at Brussels on 17th March 1993(3)”;

““EEA State” means a State which is a Contracting Party to the EEA Agreement;”

““Equasis information system” means the European information system for quality and safety related information on the world merchant fleet”;

““Sirenac information system” means the central information system for port state inspection records established in accordance with the MOU”;

““target factor” means the sum of the applicable target factor values as defined within the framework of the MOU”;

(1)

This wording was substituted by S.I. 1998/1433.

(2)

Cmnd 2073.

(3)

Cmnd 2183.