1.By a letter dated 21st November 2018, the Joint Committee on Statutory Instruments has requested a Memorandum on the following points:
1. Given regulation 4(1)(b), is regulation 4(2) needed and if it is needed should “initial” be replaced with “previous”?
2. If regulation 4(2) applies to fishing vessels with a length of 24 metres or more and those with a length of less than 24 metres, how can a fishing vessel not fall within that regulation, as envisaged by regulation 4(3)?
3. In regulations 11(1) and 14(1), explain what “clear grounds” means.
2.The Department accepts that the periodicity of renewal surveys in regulation 4(2) is duplicated in MSN 1885(F). However, the Department felt that it was helpful to have this requirement on the face of the instrument. There are additional provisions about renewal surveys in MSN 1885(F). In this context, however, the Department accepts that this could have been better expressed.
3.Regulation 4(3) is intended to make provision for fishing vessels that are not subject to paragraph (1), because the requirement for a survey before the issue of a Work in Fishing Convention Certificate only apples to fishing vessels which are subject to regulation 5.
4.We accept that this could have been better expressed and should have referred to “paragraphs (1) and (2)”. However, as regulation 4(2) applies to the same vessels as regulation 4(1), this does not materially change the effect of the regulation.
5.In regulations 11(1) and 14(1), the expression “clear grounds” is derived from IMO Resolution A.1052(27) on Port State Control and the Paris MOU on Port State Control Guidelines. This is defined as follows:
6.Although the term does not appear in the text of the ILO Work in Fishing Convention, it is a well-established concept in Port State Control and is used in the ILO Guidelines for Port State Control officers in relation to the Maritime Labour Convention, 2006. Accordingly, we do not consider that any further elucidation is necessary in the instrument.
Department for Transport
27 November 2018
Published: 7 December 2018