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The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) (Amendment) Regulations 2016
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Statutory Instruments
2016 No. 353
Merchant Shipping
Safety
The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) (Amendment) Regulations 2016
Made
10th March 2016
Laid before Parliament
15th March 2016
Coming into force
6th April 2016
The Secretary of State, in exercise of the powers conferred by sections 85(1)(a) and (b), (3) and (5) to (7) and section 86(1) of the Merchant Shipping Act 1995(1), and having consulted the persons referred to in section 86(4) of that Act, makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) (Amendment) Regulations 2016 and come into force on 6th April 2016.
(2) In these Regulations, “the 1998 Regulations” means the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998(2).
Amendment of the 1998 Regulations
2. After regulation 9 of the 1998 Regulations insert—
“Review
10.—(1) The Secretary of State must from time to time—
(a)carry out a review of these Regulations;
(b)set out the conclusions of the review in a report, and
(c)publish the report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the European obligations or any other international obligations of the United Kingdom (which are implemented by means of these Regulations) are implemented in other member States or countries which are subject to those obligations.
(3) The report must in particular—
(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations,
(b)assess the extent to which those objectives are achieved, and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
(4) The first report under this regulation must be published before the end of the period of five years beginning with 6th April 2016.
(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.”
3.—(1) Substitute the table in Schedule 1 to these Regulations (which contains a list of Regulations relating to safety of vessels which do not apply to large vessels which comply with a relevant Code of Practice) for the table in Schedule 1 to the 1998 Regulations.
(2) Substitute the table in Schedule 2 to these Regulations (which contains a list of Regulations relating to safety of vessels which do not apply to small vessels which comply with a relevant Code of Practice) for the table in Schedule 2 to the 1998 Regulations.
Signed by authority of the Secretary of State for Transport
Robert Goodwill
Parliamentary Under Secretary of State
Department for Transport
10th March 2016
Regulation 3(1)
SCHEDULE 1Table to be substituted for the table in Schedule 1 to the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998
| Statutory Instruments | SI No. | Amended by – SI No. |
|---|---|---|
| The Merchant Shipping (Cargo Ship Construction) Regulations 1997 | 1997/1509 | |
| The Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 | 1998/1011 | |
| The Merchant Shipping (Fire Protection: Large Ships) Regulations 1998 | 1998/1012 | 0 |
| The Merchant Shipping (Radio Installations) Regulations 1998 | 1998/2070 | |
| The Merchant Shipping (Load Line) Regulations 1998 | 1998/2241 | 2000/1335; 2005/2114; 2011/603 |
| The Merchant Shipping (Marine Equipment) Regulations 1999 | 1999/1957 | |
| The Merchant Shipping (Life-saving Appliances for Ships Other Than Ships of Classes III to VI(A)) Regulations 1999 | 1999/2721 | |
| The Merchant Shipping (Safety of Navigation) Regulations 2002 | 2002/1473 | 2002/2626; 2004/302; 2004/2110; 2005/2114; 2010/680; 2010/1075; 2011/2978 |
| The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 | 2014/1613 | |
| The Merchant Shipping (Survey and Certification Regulations 2015 | 2015/508 | |
| The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 | 2015/782 |
Regulation 3(2)
SCHEDULE 2Table to be substituted for the table in Schedule 2 to the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998
| Statutory Instruments | SI No. | Amended by – SI No. |
|---|---|---|
The Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 | 1998/1011 | |
| The Merchant Shipping (Load Line) Regulations 1998 | 1998/2241 | 2000/1335; 2005/2114; 2011/603 |
| The Merchant Shipping (Marine Equipment) Regulations 1999 | 1999/1957 | 2001/1638; 2004/302; 2004/1266; 2009/2021; 2011/1043 |
| The Merchant Shipping (Life-saving Appliances for Ships Other Than Ships of Classes III to VI(A)) Regulations 1999 | 1999/2721 | |
| The Merchant Shipping (Safety of Navigation) Regulations 2002 | 2002/1473 | 2002/2626; 2004/302; 2004/2110; 2005/2114; 2010/680; 2010/1075; 2011/2978 |
| The Merchant Shipping (Fire Protection) Regulations 2003 | 2003/2950 | 2005/2114 |
| The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 | 2014/1613 | |
| The Merchant Shipping (Survey and Certification Regulations 2015 | 2015/508 | |
| The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2015 | 2015/782 |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make a number of amendments to the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 (S.I. 1998/2771 – “the 1998 Regulations”).
Regulation 2 inserts a new regulation 10 into the 1998 Regulations, which requires the Secretary of State to review the operation and effect of the 1998 Regulations and to publish a report within five years after 6th April 2016 and at intervals not exceeding five years thereafter.
Regulation 3 substitutes updated tables for the table in the Schedules to the 1998 Regulations. The tables list a number of Regulations relating to safety of vessels which do not apply to large (Schedule 1) and small (Schedule 2) commercial vessels in use for sport or pleasure which comply with relevant Codes of Practice.
A regulatory impact assessment has not been provided for this instrument as there is no impact on business or charities or the voluntary sector.
(1)
1995 c.21: sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c.28), section 8.
(2)
S.I. 1998/2771, as amended by S.I. 2000/482, 2002/1473, 2005/2114, 2013/1785, 2014/1614 and 2015/782.
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