The Merchant Shipping (Tonnage) (Amendment) Regulations 2020

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations amend the Merchant Shipping (Tonnage) Regulations 1997 (SI 1997/1510) (“the 1997 Regulations”) to implement further provisions of the International Convention on Tonnage Measurement of Ships, 1969 (“the Convention”) in the United Kingdom.

The Convention contains provision governing the determination of the tonnage of ships engaged on international voyages. Article 5 of the Convention makes provision for force majeure (e.g. if a ship deviates from its intended voyage due to adverse weather). Article 12 of the Convention makes provision for the inspection of ships flying the flag of one contracting state when those ships are in the port of another contracting state. These Regulations amend the 1997 Regulations to implement Articles 5 and 12 in the United Kingdom and make certain other consequential amendments.

Regulation 3 amends regulation 2 of the 1997 Regulations to update existing definitions and references to other secondary legislation. Regulation 4 amends regulation 3 of the 1997 Regulations to implement Article 5 of the Convention (force majeure). Regulations 5 and 6 amend regulations 8 and 11 of the 1997 Regulations to update references to other instruments.

Regulation 7 inserts new regulation 15A into the 1997 Regulations to implement Article 12 of the Convention (inspection).

Regulation 8 inserts new regulation 17 into the 1997 Regulations which requires the Secretary of State to review the operation and effect of the 1997 Regulations and publish a report before 20th April 2025 and at intervals not exceeding five years after that date. Following a review, it will fall to the Secretary of State to consider whether the 1997 Regulations should remain unaltered, or be amended or revoked. A further instrument would be needed to amend or revoke the 1997 Regulations.

The Convention may be obtained in copy from the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR and is available on the Foreign and Commonwealth Office (FCO) treaties database (http://treaties.fco.gov.uk/treaties/treaty.htm). The text of the IMO Resolutions amending the Convention may be obtained from the IMO or on the FCO treaties database (http://treaties.fco.gov.uk/treaties/treaty.htm).

A full 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.