1 S.I.
2011/2601: Reported for defective drafting
Merchant Shipping (Port State Control) Regulations
2011 (S.I. 2011/2601)
1.1 The Committee draws the special attention
of both Houses to these Regulations on the ground that they are
defectively drafted in one respect.
1.2 The Regulations implement European Union legislation
so as to provide a regime for the enforcement in ports of international
standards for ship safety, pollution prevention and shipboard
conditions.
1.3 The Regulations are divided into four numbered
Parts. Within Part 1, regulation 2(1) defines expressions for
the purposes of Part 1; but regulation 2(2) and (3) purport to
define other expressions "in these Regulations". Similarly,
regulation 3(1) makes provision about the application of Part
1, but regulation 3(2) and (4) purport to make provision about
the application of "these Regulations". The Committee
asked the Department for Transport why these provisions appear
to apply beyond Part 1. In a memorandum printed at Appendix 1,
the Department agrees that regulations 2 and 3 were intended to
be restricted to Part 1 and should not be stated to cover the
entire Regulations. The Department identifies potential for confusion
as a result of the apparent overlap of regulations 3(2) and 25(1)
and undertakes to correct the instrument at the earliest available
opportunity.
1.4 The Committee accordingly reports regulations
2(2) and (3) and 3(2) and (4) for defective drafting, acknowledged
by the Department.
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