Appendix 1
S.I. 2021/592
Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021
1. By a letter dated 15th September 2021 the Committee requested a memorandum on the following point:
Explain what it means for the “effective date” relating a ship constructed entirely after these Regulations come into force to be 30 June 2021.
2. The intention of the Regulations is that a ship constructed entirely after the Regulations came into force (on 30th June 2021) is required to have had a bilge water level detector installed during its construction – it is a “new ship” as defined in regulation 4(6). The position is explained in paragraph 7.5 of the Explanatory Memorandum and paragraph 2.3 of the relevant Marine Guidance Note (MGN 651 (M)). The Maritime and Coastguard Agency, which is responsible for enforcing the Regulations, is satisfied that in practice those to whom the requirements apply will be able to understand what is required of them and comply.
3. However, the Department accepts that the drafting of regulation 4(1) (in particular the reference to “at” its effective date) does not work correctly in relation to ships constructed entirely after 30th June 2021. In order to clarify the position, the Department intends to amend the Regulations when a suitable opportunity arises.
4. The Department regrets that the drafting was not as clear as it should have been and thanks the Committee for raising the point.
Published: 29 October 2021 Site information Accessibility statement