Memorandum by the Department of the Environment, Transport
and the Regions
MERCHANT SHIPPING (SAFE MANNING, HOURS
OF WORK AND WATCHKEEPING) REGULATIONS 1997 (S.I. 1997/1320)
The Committee asked for a memorandum on the following points:
(1) In regulation 16(1)(b)(ii), is the reference to
deficiency of a kind specified in regulation 15(2) meant to be
a reference to 15(3)? If not, explain the reference.
(2) Given that the duty imposed by regulation 9(1)
is, if breached, an offence by the company under regulation 17(1),
explain why, if it becomes also the duty of the employer under
regulation 9(3), no offence is committed by the employer under
It is agreed there should be such an offence (there was in
the Merchant Shipping (Hours of Work) Regulations 1995 which these
(3) Regulation 17(2) (contraventions by the master
of a ship) refers to "regulation 4(b)". Should not this
be a reference to "regulation 4(6)"?
The Department regrets these defects. They will be corrected
in amending Regulations to be made very shortly.
14th July 1997