The Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) (Amendment) Regulations 2008

This Statutory Instrument has been made in consequence of defects in SI 2006/2184 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2008 No. 2166

Merchant Shipping

The Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) (Amendment) Regulations 2008

Made

11th August 2008

Laid before Parliament

15th August 2008

Coming into force

8th September 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred on her by section 2(2) of the European Communities Act 1972(1) (“the 1972 Act”) and by sections 85(1)(a) and (b) and (3) and 86(1) of the Merchant Shipping Act 1995(2) (“the 1995 Act”).

The Secretary of State 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 heath and safety of persons on them.

In accordance with section 86(4) of the 1995 Act the Secretary of State has consulted the persons referred to in that section.

Citation and commencement

1.  These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) (Amendment) Regulations 2008 and shall come into force on 8th September 2008.

Amendment of the Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006

2.  In regulation 11(2) of the Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006(4), after “lifting equipment” insert “(other than an accessory for lifting)”.

Signed by authority of the Secretary of State for Transport

Jim Fitzpatrick

Parliamentary Under Secretary of State

Department for Transport

11th August 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping and Fishing Vessels (Lifting Operations and Lifting Equipment) Regulations 2006 (“the 2006 Regulations”). The 2006 Regulations, including the provisions amended by these Regulations, implement the United Kingdom’s obligations under Council Directive 89/655/EEC (OJ L393, 30.12.89, p 13) as amended by Council Directive 95/63/EC (OJ L335, 30.12.95, p 28) concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). They provide that the requirement in regulation 11(2), that the ship’s lifting equipment is not used unless it has been suitably tested by a competent person within the preceding five years, does not apply to accessories for lifting as defined in regulation 2(1) of the 2006 Regulations.

The Regulations are made under the powers in the Merchant Shipping Act 1995 except in respect of their application to Government ships where the power is provided by section 2(2) of the European Communities Act 1972.

An Impact Assessment has not been produced as the purpose of this instrument is to bring the impact of the 2006 Regulations into line with that anticipated on the making of those Regulations, for which a regulatory impact assessment was produced.

(1)

1972 c. 68; by virtue of the amendment of section 1(2) of the European Communities Act by section 1 of the European Economic Area Act 1993 (c.51) regulations may be made under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993 (Cm 2183).

(2)

1995 c.21; sub-sections (1) and (3) of section 85 were amended by the Merchant Shipping and Maritime Security Act 1997 (c.28), sections 8 and 29(2) and Schedule 7 Part I, and are applied to hovercraft by the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350) to which there are amendments not relevant to these Regulations.

(3)

S.I. 1993/595.

(4)

S.I. 2006/2184.