The Fishing Vessels (Safety of 15–24 Metre Vessels) Regulations 2002

Citation and commencement

1.  These Regulations may be cited as the Fishing Vessels (Safety of 15–24 Metre Vessels) Regulations 2002 and shall come into force on 23rd November 2002.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Merchant Shipping Act 1995;

“Certifying Authority” means the MCA or such other organisation as may be specified from time to time in the Code of Practice as a Certifying Authority;

“Code of Practice” means the “Code of Safe Working Practice for the Construction and Use of 15 metre (LOA) to less than 24 metres (L) Fishing Vessels” set out in Merchant Shipping Notice MSN 1770, and includes any document amending it which the Secretary of State considers relevant from time to time for all or any of the purposes in section 85(1) of the Act and specifies accordingly in a Merchant Shipping Notice;

“categorised waters” means waters categorised as Category A, B, C or D in Merchant Shipping Notice MSN 1758(M), or in any subsequent Merchant Shipping Notice amending or replacing that Notice which the Secretary of State considers relevant from time to time;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(1) as adjusted by the Protocol signed at Brussels on 17th March 1993(2);

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

“length overall” means the distance between the foreside of the foremost fixed permanent structure and the afterside of the aftermost fixed permanent structure; and “fixed permanent structure”—

(a)

includes any portion of the hull which is capable of being detached, but which is fixed in place during the normal operation of the vessel,

(b)

does not include functional arrangements such as safety rails, bowsprits, pulpits, stemhead fittings, rudders, steering gear, outdrives, outboard motors, propulsion machinery, diving platforms, rubbing strips and fenders, other than where such functional arrangements are designed to replace any part of the hull that has been removed;

“MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

“Merchant Shipping Notice”, “Marine Guidance Note” and “Marine Information Note” means a notice or note described as such and issued by the MCA;

“owner” means the registered owner of a vessel, unless that vessel has been chartered by demise or is managed, either wholly or in part, by a person other than the registered owner under the terms of a management agreement; in that case, the owner shall be construed as the demise charterer or other person managing the vessel as appropriate;

“registered length” means the measurement which—

(a)

is recorded as the registered length in the vessel’s certificate of registry issued under the Merchant Shipping (Registration of Ships) Regulationss 1993(3), in the case of a United Kingdom fishing vessel,

(b)

is recorded as the registered length in any equivalent certificate issued in the case of a vessel registered outside the United Kingdom, or

(c)

would be the registered length if the vessel were a United Kingdom fishing vessel, in the case of an unregistered vessel;

“relevant inspector” means a person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Act;

“United Kingdom fishing vessel” means a fishing vessel which is registered in the United Kingdom; and

“voyage” includes an excursion, and shall be taken to commence when a vessel leaves its berth or anchorage at a port.

(2) Subject to paragraph (3), where a provision in the Code of Practice refers to “should”, that word shall be construed as “shall” for the purposes of these Regulations.

(3) Where the Code of Practice contains reference to—

(a) a specified merchant shipping or fishing vessel statutory instrument other than the Fishing Vessels (Safety Provisions) Rules 1975(4),

(b) guidance or a recommendation, or

(c) a Merchant Shipping Notice, Marine Guidance Note or Marine Information Note,

that reference shall not be construed for the purposes of these Regulations as imposing a requirement to comply with such statutory instrument, guidance, recommendation, Notice or Note.

Application

3.—(1) These Regulations (except regulation 10) apply to United Kingdom fishing vessels of at least 15 metres length overall but less than 24 metres registered length.

(2) Regulations 10 to 12 apply to any fishing vessel, other than a United Kingdom fishing vessel, of at least 15 metres length overall but less than 24 metres registered length while it is within United Kingdom waters.

Prohibition on proceeding on any voyage unless Code of Practice complied with

4.—(1) Subject to the following paragraphs and to regulation 5, a vessel shall not proceed on any voyage unless the vessel complies with the requirements of the Code of Practice.

(2) Paragraph (1) does not apply where a vessel operates solely within categorised waters and complies with those requirements of the Fishing Vessels (Code of Practice for the Safety of Small Fishing Vessels) Regulations 2001(5) which would apply if the vessel were of the maximum length overall to which those Regulations apply.

(3) Where, in relation to a particular matter, the Code of Practice provides that an existing vessel may or should continue to comply with requirements in the Fishing Vessels (Safety Provisions) Rules 1975, such a vessel shall be treated as complying with the requirements of the Code of Practice provided that it complies with the requirements in those Rules.

(4) Paragraph (1) does not apply in relation to the requirements referred to in Chapter 11 of the Code of Practice (Clean Seas).

Equivalent provisions

5.—(1) Where the Code of Practice requires that a particular fitting, material, appliance or apparatus or type thereof shall be fitted or carried in a vessel, or that any particular provision shall be made, the Secretary of State shall permit any other fitting, material, appliance or apparatus or type thereof to be fitted or carried or any other provision to be made in that vessel, if he is satisfied by trial thereof or otherwise that such other fitting, material, appliance or apparatus or type thereof or provision is at least as effective for the purpose for which the requirement in the Code of Practice is set.

(2) For the purposes of the Code of Practice, the results of a verification or test shall be accepted if the verification or test is carried out—

(a) in accordance with the Code of Practice or with a Code of Practice, specification or technical description of an EEA State other than the United Kingdom offering equivalent levels of safety, suitability and fitness for the purpose; and

(b) by a body or laboratory of an EEA State other than the United Kingdom offering suitable and satisfactory guarantees of technical and professional competence and independence.

Approvals

6.—(1) Where the Code of Practice requires an approval to be obtained, a Certifying Authority may give that approval.

(2) A Certifying Authority may, on giving reasonable notice, cancel or alter the terms of such an approval.

(3) An approval given under paragraph (1), and an alteration or cancellation under paragraph (2), shall—

(a) be given in writing,

(b) specify the date on which it takes effect, and

(c) in the case of the giving of an approval, specify the conditions (if any) on which it is given.

Exemptions

7.—(1) The MCA may grant exemptions from regulation 4(1) so far as it relates to all or any of the requirements in the Code of Practice (as may be specified in the exemption) for individual cases or classes of cases on such terms (if any) as it may specify, if it is satisfied that—

(a) compliance with such requirement or requirements is either impracticable or unreasonable in that case or class of case, and

(b) the exemption is subject to such conditions and limitations as will provide a level of safety which is at least equivalent to that provided by the requirement or requirements from which exemption is being granted.

(2) The MCA may, on giving reasonable notice, alter or cancel any exemption granted under paragraph (1).

(3) An exemption granted under paragraph (1), and an alteration or cancellation under paragraph (2) shall—

(a) be given in writing,

(b) specify the date on which it takes effect, and

(c) in the case of the grant of an exemption, specify the terms (if any) on which it is granted.

Penalties

8.—(1) Subject to paragraph (2), if a vessel proceeds or attempts to proceed on any voyage in contravention of regulation 4(1), then the owner shall be guilty of an offence, punishable only on summary conviction by a maximum fine not exceeding level 5 on the standard scale.

(2) If a vessel proceeds or attempts to proceed on any voyage in contravention of a provision of the Code of Practice which imposes a requirement on the skipper, the skipper (instead of the owner) shall be guilty of an offence, punishable only on summary conviction by a maximum fine not exceeding level 5 on the standard scale.

(3) In relation to a requirement of the Code of Practice, if the owner of a vessel makes a declaration which he knows to be false in a material particular or which is false in a material particular and which he does not believe to be true, he shall be guilty of an offence, punishable only on summary conviction by a maximum fine not exceeding level 5 on the standard scale.

(4) It shall be a defence for a person charged under paragraph (1) or (2) to show that he took all reasonable precautions to avoid the commission of the offence.

Inspection and detention of a United Kingdom fishing vessel

9.—(1) A relevant inspector may inspect any United Kingdom fishing vessel referred to in regulation 3(1), and if he is satisfied that there has been a failure to comply in relation to that vessel with the requirements of regulation 4 of these Regulations, he may detain the vessel until the health and safety of the skipper, crew and any other persons aboard the vessel are secured.

(2) The relevant inspector shall not in the exercise of his powers under this regulation detain or delay the vessel unreasonably.

Inspection and detention and other measures in respect of non United Kingdom fishing vessels

10.—(1) A relevant inspector may inspect any fishing vessel referred to in regulation 3(2) when the vessel is in a United Kingdom port, and if satisfied that the vessel does not conform to the standards required of United Kingdom fishing vessels by these Regulations, and that the conditions on board are clearly hazardous to health and safety, he may—

(a) take such measures as are necessary to rectify those conditions, or

(b) detain the vessel,

when the vessel has called at the United Kingdom port in the normal course of business.

(2) If either of the measures specified in paragraph (1)(a) or (b) is taken, the relevant inspector shall forthwith notify the nearest maritime, consular or diplomatic representative of the state whose flag the vessel is entitled to fly.

(3) The relevant inspector shall not in the exercise of his powers under this regulation detain or delay the vessel unreasonably.

Detention

11.  Where a fishing vessel is liable to be detained under these Regulations, section 284 of the Act(6) (which relates to the detention of a ship) shall have effect in relation to the vessel, subject to the modification that for the words “this Act”, wherever they appear, there shall be substituted “the Fishing Vessels (Safety of 15–24 Metre Vessels) Regulations 2002(7)”.

Compensation

12.  Sections 96 and 97 of the Act (arbitration and compensation) shall apply in relation to a detention notice under these Regulations as they apply to a detention notice under section 95(3) of the Act, and in such application, “relevant inspector” means a person making an inspection under these Regulations.

Amendment of other legislation

13.  The amendments set out in the Schedule shall have effect.

Transitional provision

14.  Nowithstanding the amendments of the Fishing Vessels (Safety Provisions) Rules 1975 set out in the Schedule, a certificate issued pursuant to those Rules shall be treated as equivalent to a certificate issued under the Code of Practice, and any such certificate shall remain valid for such period and subject to such conditions as may be specified in that certificate.

Signed by authority of the Secretary of State for Transport

John F. Spellar

Minister of State,

Department for Transport

21st August 2002