The Merchant Shipping (Marine Equipment) Regulations 2016

PART 1 U.K. Preliminary

Citation and commencement U.K.

1.  The Regulations may be cited as the Merchant Shipping (Marine Equipment) Regulations 2016 and come into force on 5th December 2016.

Interpretation U.K.

2.—(1) In these Regulations—

“the Act” means the Merchant Shipping Act 1995;

“applicable international standards” means the design, construction and performance requirements of the international instruments which the equipment must satisfy as set out in Annex 1 or 2 of Merchant Shipping Notice MSN 1874;

“applicable UK standards” means the requirements set out in Annex 3 of Merchant Shipping Notice MSN 1874 for equipment which is not subject to applicable international standards;

“category C waters” has the meaning given in Merchant Shipping Notice MSN 1837(M) Amendment 1;

“competent national authority” means the competent national authority in each member State responsible for ensuring compliance with the requirements of the Directive;

“conformity mark” means the mark affixed to equipment by the manufacturer in accordance with regulation 15;

“the Directive” means Directive 2014/90/EU of the European Parliament and of the Council of 23rd July 2014 on marine equipment and repealing Council Directive 96/98/EC M1 ;

“domestic passenger ship” means a passenger ship which has been issued a certificate to embark on voyages in category C waters or seaward of those waters, but not for international voyages;

“economic operator” means a manufacturer, authorised representative, importer or distributor;

“EU conformity approval” means approval by a notified body under regulation 12;

“fishing vessel” means a vessel used to catch fish or other living resources of the sea with a registered length of 24 metres or more;

“international voyage” means a voyage from a port in one country to a port in another country, either of the countries being a country to which the 1974 Convention for the Safety of Life at Sea M2 applies;

“length” means the greater of the following distances—

(a)

the distance between the fore side of the stem and the axis of the rudder stock, or

(b)

96 per cent of the distance between the fore side of the stem and the aft side of the stern,

the points and measurements being taken respectively at and along the waterline at 85 per cent of the least moulded depth of the ship; in the case of a ship with a rake of keel, the waterline must be parallel to the designated waterline;

“market surveillance authority” means the authority in each member State responsible for undertaking market surveillance in accordance with the market surveillance framework set out in Chapter III of Regulation (EC) No. 765/2008 M3 ;

“Merchant Shipping Notice” means a notice described as such and issued by the Secretary of State and any reference to a particular Merchant Shipping Notice includes a reference to a Merchant Shipping Notice amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time;

“nominated body” means a person designated as a nominated body under regulation 4(2);

“notified body” means a person designated as a notified body under regulation 4(1);

“passenger” means every person on a ship other than—

(a)

the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship,

(b)

a person on board the ship in pursuance of an obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstance that neither the master nor the owner could have prevented, and

(c)

a child under one year of age;

“passenger ship” means a ship which carries more than 12 passengers;

“relevant period” means a period of at least 10 years from the date that the conformity mark was affixed to the equipment and not less than the expected life of the equipment;

“United Kingdom ship” means a ship which is—

(a)

a United Kingdom ship within the meaning of section 85(2) of the Act,

(b)

a Government ship within the meaning of section 308(4) of the Act, or

(c)

a hovercraft registered under the Hovercraft Act 1968 M4 .

(2) Where a word or expression is defined in the Directive and is not defined in these Regulations, it has the same meaning as in the Directive.

(3) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft.

(4) For the purposes of these Regulations, the competent national authority and the market surveillance authority under the Directive for the United Kingdom is the Secretary of State for Transport.

(5) Where a ship is managed by a person other than the owner (whether on behalf of the owner, some other person or on his own behalf), a reference in these Regulations to the owner is construed as including a reference to that person.

(6) Any direction, prohibition or restriction given under these Regulations must be given in writing and must specify the date on which it takes effect and the conditions (if any) on which it is given.

Marginal Citations

M1 OJ L257, 28.8.2014, p.146.

M2 Cmnd 7874.

M3 Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93 (OJ L281, 13.8.2008, p.30).

M4 1968 c.59.

Application U.K.

3.  These Regulations apply to any United Kingdom ship wherever it may be.

Designation of notified and nominated bodies U.K.

4.—(1) The Secretary of State may designate any person as a notified body to carry out the procedures specified in Annex II of the Directive, provided that the Secretary of State is satisfied that person meets the requirements specified in Annex III of the Directive.

(2) The Secretary of State may designate any person as a nominated body to carry out the procedures specified in paragraphs 11 and 12 of Part II of Merchant Shipping Notice MSN 1874.

(3) A designation must be made in writing and set out—

(a) the functions to be performed by the notified or nominated body;

(b) the equipment to which the designation applies; and

(c) any time limit or condition which applies to the designation.

(4) The Secretary of State may withdraw a designation—

(a) on request by the notified or nominated body;

(b) where the notified body ceases to comply with the requirements in Annex III of the Directive; or

(c) where the notified or nominated body fails to comply with any condition imposed under paragraph (3) above.

(5) The Secretary of State may vary a designation—

(a) on request by the notified or nominated body; or

(b) where it appears necessary or expedient to do so.

(6) The Secretary of State may inspect a notified or nominated body to ensure it is performing its functions—

(a) under regulation 12 or 18; and

(b) in accordance with the conditions of its designation.

(7) Where a person applies for designation under paragraph (1) or (2), the Secretary of State must inform that person in writing of the reasons for—

(a) refusing to designate that person as a notified or nominated body;

(b) imposing any condition more onerous than proposed by the applicant; or

(c) withdrawing or varying a designation.