The Merchant Shipping (Safe Loading and Unloading of Bulk Carriers) Regulations 2003

Interpretation

2.—(1) In these Regulations—

“the Act” means the Merchant Shipping Act 1995;

“the Directive” means Directive 2001/96/EC(1) of the European Parliament and of the Council of 4 December 2001, establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers, as amended by Directive 2002/84/EC(2) of the European Parliament and of the Council of 5 November 2002, amending the Directives on maritime safety and the prevention of pollution from ships;

“MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

“the MCA’s SLU Bulk Carriers publication” means the MCA publication entitled “Safe Loading and Unloading of Bulk Carriers 2003 Implementing EC Directive 2001/96/EC (establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers)”, published July 2003; and a reference to this publication shall include a reference to any amendment to it which—

(a)

relates to an amendment of—

(i)

the Directive,

(ii)

the Code of Practice for the Safe Loading and Unloading of Bulk Carriers, as contained in the Annex to the International Maritime Organization’s Assembly Resolution A.862(20) of 27 November 1997, as it stood on 4 December 2001, or

(iii)

the International Convention for the Safety of Life at Sea, 1974, together with the Protocols and amendments thereto, in force on 4 December 2001,

(b)

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

(c)

is contained in a document considered by the Secretary of State to be relevant from time to time, and

(d)

is specified in a Merchant Shipping Notice;

“Merchant Shipping Notice” means a notice described as such and issued by the MCA.

(2) In these Regulations, any expression which is defined in Section 3 of the MCA’s SLU Bulk Carriers publication has the meaning given by that Section.

(3) None of the text referred to as “Guidance” in the MCA’s SLU Bulk Carriers publication shall be construed as forming part of the requirements imposed by these Regulations.

(1)

O.J. No. L13, 16.1.2002, p 9.

(2)

O.J. No. L324, 29.11.2002, p 55.