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4th December 2006
Laid before Parliament
7th December 2006
Coming into force
for the purposes of regulation 33
22nd December 2006
for all other purposes
1st January 2007
The Secretary of State for Transport makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) (“the 1972 Act”) and by sections 47(1) to (4), 85(1), (3), (6) and (7), 86(1) and (2), 302(1) and 307(1) of the Merchant Shipping Act 1995(2) (“the 1995 Act”);
He is a Minister designated(3) for the purposes of section 2(2) of the 1972 Act in relation to measures relating to the safety of ships and the health and safety of persons on them, to recognition of higher education diplomas, formal qualifications, or experience in an occupation, required for the pursuit of professions or occupations and to navigation on inland waterways;
It appears to him, for the purposes of section 47(2) of the 1995 Act, that it is necessary or expedient in the interests of safety to make the Regulations in so far as they specify standards of competence to be attained and other conditions to be satisfied by officers and other seamen;
In so far as the Regulations are safety regulations(4), he has consulted the persons referred to in section 86(4) of the 1995 Act and, in so far as they are made under section 47 of the 1995 Act, he has consulted with the organisations referred to in section 306(4) of that Act;
The consent of the Treasury has been given for the purposes of section 302(1) of the 1995 Act.
1972 c.68. The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51) to enable regulations to be made to implement the obligations of the United Kingdom created by or arising under the EEA Agreement (as to which see regulation 5(1)).
1995 c.21. Section 85 was amended by the Merchant Shipping and Maritime Security Act 1997 (c.28), section 8 and Schedule 7, Part I, and by the British Overseas Territories Act 2002 (c.8), section 2(3). Sections 85 and 86 were applied to hovercraft by virtue of article 4 of the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350).
For the meaning of “safety regulations” see section 85(1) of the 1995 Act.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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