Joint Committee on Statutory Instruments Second Report


Memorandum by the Department of Transport


  The Committee requested a memorandum on the following points:

    (1)   Indicate where the publications referred to in the first two definitions in regulation 2(1) may be obtained or inspected (as required by the Statutory Instruments Practice, paragraph 2.48).

  The documents can be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR. It is regretted that this information was not included in the Explanatory Note.

    (2)   Explain, given the nature of the obligations imposed by regulation 5 to ensure effective and adequate means of communication, on what basis the power conferred by regulation 7 to "inspect any ship or hovercraft" (without more) is sufficient to monitor compliance.

  It is accepted that mere inspection of "the ship" does not of itself monitor compliance, and powers to inspect documents and working arrangements, and to quiz the crew, may also be needed.

  As a matter of practice however, separate inspections for separate purposes are not carried out. The Marine Safety Agency has comprehensive ship inspection arrangements under which 30% of foreign ships entering UK ports are inspected and UK flag ships are subject to regular general inspections pursuant to a wide variety of Merchant Shipping enactments and regulations. The inspectors are expected to satisfy themselves that the ship is in a safe condition, that it carries the appropriate documentation (which will attest to its condition), that it is manned at a level which enables it to be operated safely and that the officers and crew have the required qualifications. On the last aspect the inspector will ensure that those personnel who need them have the communication skills required under these Regulations. This new requirement will be incorporated in inspectors' instructions.

    (3)   Explain the basis on which no express provision is made excluding from the regulations "wooden ships of primitive build" to which the Council Directive being implemented (94/58/EC) is not to apply.

  The view was taken that there were no United Kingdom ships which were "wooden ships of primitive build", which could be caught by this Directive.

24th March 1997

previous page contents next page
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1997
Prepared 11 July 1997