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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement and supplement Recommendation 2009/141 of the Marine Accident Investigation Branch Report on the investigation into the flooding and foundering of the grab hopper dredger Abigail H in the Port of Heysham of July 2009 (‘the Report’).

The Regulations apply to United Kingdom ships which are cargo ships of less than 500 gross tons and which are 24 metres or more in length, wherever they might be, and to non-United Kingdom cargo ships of less than 500 gross tons and which are 24 metres or more in length while they are within United Kingdom waters and not exercising the right of innocent passage or transit passage (regulation 3).

Regulation 4 requires bilge water level detectors to be installed in any engine room and in any other space in which bilge water is likely to accumulate, and for those detectors to sound an audible alarm at the control position and in all accommodation spaces in the circumstances described.

The Regulations make provision for exemptions (regulation 5), offences and penalties (regulation 6) and the detention of ships (regulation 7).

A draft of these Regulations was notified on 2nd October 2020 to the European Commission in accordance with the Technical Standards Directive (Directive (EU) 2015/1535).

Guidance supporting these Regulations has been published in a Marine Guidance Note (MGN 651(M)). Copies of the Report and of MGN 651(M) may be obtained free of charge at https://www.gov.uk or in hard copy from the Maritime and Coastguard Agency at Spring Place, 105 Commercial Road, Southampton SO15 1EG.

An impact assessment of the effect this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk.