The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 1 of these Regulations is made in exercise of the powers conferred by sections 85 and 86 of the Merchant Shipping Act 1995 except in respect of its application to Government ships, where the power is provided by section 2(2) of the European Communities Act 1972.

The remainder of these Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) and (g) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to secondary legislation which relates to maritime health and safety in order to ensure that the existing regulatory framework continues to operate effectively following the United Kingdom’s withdrawal from the European Union. These Regulations also update references in the secondary legislation.

Merchant Shipping Notices are published by the Maritime and Coastguard Agency and copies may be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex RM17 9AY (telephone number 01375 484 548; fax [phone]; email orders [e-mail]). A copy may also be downloaded from http://www.mcga.gov.uk. That website also has details of any amendments or replacements.

A copy of the Ship Captain’s Medical Guide published in 2014 by the Department for Transport may be downloaded from https://www.gov.uk/government/publications/the-ship-captains-medical-guide. The Guide is available for inspection free of charge but by appointment at the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 ([e-mail] and 0203 817 2000).

A copy of the Approved List of biological agents published in 2004 by the Health and Safety Executive may be downloaded from http://www.hse.gov.uk/pubns/misc208.pdf. The document EH40 published in 2013 by the Health and Safety Executive may be downloaded from http://www.hse.gov.uk/pUbns/priced/eh40.pdf. Copies of these documents may be obtained by writing to Health and Safety Executive Books at PO Box 1999, Sudbury, Suffolk CO10 2WA or via https://books.hse.gov.uk.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.