2018 No. 1202
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018
Sift requirements satisfied
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721, by sections 85(1)(a) and (b), (3) and (5) and 86(1) and (2) of the Merchant Shipping Act 19952, and by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20183.
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
In accordance with section 86(4) of the Merchant Shipping Act 1995 the Secretary of State has consulted the persons referred to in that section.
Citation and commencement1
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018.
2
Subject to paragraph (3), these Regulations come into force on exit day.
3
This Regulation and regulation 2 come into force on the 22nd day after the day on which these Regulations are laid.
PART 1Amendments which take effect before exit day
Amendment of the Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 19952
1
The Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 19956 are amended as follows.
2
In regulation 1(3) (citation, commencement, revocation and interpretation)—
a
in the definition of “dangerous substances” for “Merchant Shipping Notice M. 1608” substitute “Annex 4 of Merchant Shipping Notice 1768 (M+F)”;
b
for the definition of “Government ships” substitute—
“Government ships” has the meaning given in section 308(4) of the Merchant Shipping Act 1995
c
in the definition of “inland navigation” for “Merchant Shipping Notice M. 1504” substitute “Merchant Shipping Notice 1837(M) Amendment 2”;
d
omit the definition of “Marine Safety Agency”;
e
for the definition of “Merchant Shipping Notice” substitute—
“Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport), and includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
f
in the definition of “Ship Captain’s Medical Guide”7 for “the Marine Safety Agency” substitute “the Maritime and Coastguard Agency (an executive agency of the Department for Transport)”.
3
In regulation 4(1) (carriage of medical stores) in column 2 of the Table—
a
for “Merchant Shipping Notice M. 1607”, in each place it occurs, substitute “Merchant Shipping Notice 1768 (M+F)”; and
b
for “Merchant Shipping Notice M. 1608” substitute “Merchant Shipping Notice 1768 (M+F)”.
4
In regulation 6 (standards of medical stores) for “Merchant Shipping Notice M. 1607 or M. 1608” substitute “Merchant Shipping Notice 1768 (M+F)”.
5
In regulation 7(3) (packaging and labelling of containers)—
a
in sub-paragraphs (a), (b) and (h) for “Merchant Shipping Notice M. 1607 or M. 1608” substitute “Merchant Shipping Notice 1768 (M+F)”;
b
in sub-paragraphs (e) and (f) for “Merchant Shipping Notice M. 1607” substitute “Merchant Shipping Notice 1768 (M+F)”; and
c
in sub-paragraph (f) omit “paragraph 8 of Schedule 4 to”.
6
In regulation 8 (storage of medicines)—
a
in paragraph (1) for “Merchant Shipping Notice M. 1607 or M. 1608” substitute “Merchant Shipping Notice 1768 (M+F)”; and
b
for paragraph (3)(a) substitute—
a
in the medical cabinet if there is one; or
7
In regulation 9(a) (replenishment of dated medicines) for “Merchant Shipping Notices M. 1607 and M. 1608” substitute “Merchant Shipping Notice 1768 (M+F)”.
8
In regulation 10 (carriage of guides) for “Merchant Shipping Notices M. 1607 and M. 1608” substitute “Merchant Shipping Notice 1768 (M+F)”.
PART 2Amendments which take effect on exit day
Amendment of the Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 19953
In the Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995 omit regulation 2 (purpose of regulation).
Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 19974
1
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 19978 are amended as follows.
2
In regulation 2 (interpretation)—
a
in paragraph (2) omit the definition of “Directive 2014/27/EU”; and
b
for paragraph (3) substitute—
3
Subject to paragraph (2), words and expressions used in the Regulations have the same meaning as in Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the health and safety of workers at work9, as it had effect immediately before exit day
3
In regulation 8(1)(b) (new or expectant mothers) for “Annexes I and II of Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the health and safety at work of pregnant workers who have recently given birth or are breast-feeding, as amended by Directive 2014/27/EU” substitute “Annex A and B of Merchant Shipping Notice 1890 (M+F)”.
Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 19985
1
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 199810 are amended as follows.
2
In regulation 2(3) (interpretation) substitute—
3
Subject to paragraph (2), words and expressions used in the Regulations shall have the same meaning as in Council Directive 94/33/EC on the protection of young people at work11, as it had effect immediately before exit day.
3
In the Schedule (non-exhaustive list of agents, process and work)—
a
for paragraph 2(a) substitute—
2
a
Biological agents which are group 3 biological agents or group 4 biological agents, as defined in the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 201012.
b
in paragraph 3(a) after “classification under” insert “Annex I to”.
Amendment of the Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 20016
1
The Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 200113 are amended as follows.
2
In regulation 2(1) (interpretation)—
a
omit the definitions of “the Directive” and “Directive 2014/27/EU”;
b
for the definition of “safety colour” substitute—
“safety colour” means a colour to which a specific meaning is assigned in Part 1 of Schedule 1 to the Safety Signs Regulations;
c
after the definition of “safety sign” insert—
“Safety Signs Regulations” means the Health and Safety (Safety Signs and Signals) Regulations 199614;
3
In regulation 5 (provision and maintenance of safety signs)—
a
in paragraph (2)(a) for “Annexes I to VII of the Directive” substitute “Parts I to VII of Schedule 1 to the Safety Signs Regulations”;
b
in paragraph (2)(b) for “Annexes I, VIII and IX of the Directive” substitute “Parts I, VIII and IX of Schedule 1 to the Safety Signs Regulations”; and
c
in paragraph (5) for “Annex IX to the Directive” substitute “Part IX of Schedule 1 to the Safety Signs Regulations”.
Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 20077
1
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 200715 are amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “health and safety” insert—
“ionising radiation” means the transfer of energy in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less or a frequency of 3 x 1015 hertz or more capable of producing ions directly or indirectly;
3
In regulation 3(4)(a) (application) for “radiation covered by the Treaty establishing the European Atomic Energy Community” substitute “ionising radiation”.
Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 20108
1
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 201016 are amended as follows.
2
In regulation 2 (interpretation)—
a
in paragraph (1)—
i
for the definition of “biological agents” substitute—
“biological agents” means micro-organisms, cell cultures, or human endoparasites, whether or not genetically modified, which may cause infection, allergy, toxicity or otherwise create a hazard to human health;
ii
in the definition of “group 2 biological agent” omit “in Annex III to the Directive or”;
iii
in the definition of “group 3 biological agent” omit “in Annex III to the Directive or”; a
iv
in the definition of “group 4 biological agent” omit “in Annex III to the Directive or”;
v
omit the definition of “MCA”; and
vi
for the definition of “Merchant Shipping Notice” substitute—
“Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
b
Omit paragraph (2).
3
In regulation 4(6) (application) for “Annex I to the Directive” substitute “Annex 1 of Merchant Shipping Notice 1889 (M+F)”.
4
In regulation 7 (classification of biological agents)—
a
in paragraphs (1) and (3) omit “Annex III to the Directive or in”; and
b
omit paragraph (4).
5
In regulation 9(2)(e) (reduction of risks) for “Annex II to the Directive” substitute “Annex 2 of Merchant Shipping Notice 1889 (M+F)”.
6
In regulation 17 (health surveillance)—
a
in paragraph (3) for “Annex VII to the Directive” substitute “Annex 3 of Merchant Shipping Notice 1889 (M+F)”, and
b
in paragraph (9) for “Annex IV to the Directive” substitute “Annex 4 of Merchant Shipping Notice 1889 (M+F)”.
7
In regulation 19(3) (health and veterinary care facilities) for “Annex V to the Directive” substitute “Annex 5 of Merchant Shipping Notice 1889 (M+F)”.
8
In regulations 20 (special measures for industrial processes, laboratories and animal rooms)—
a
in paragraphs (1)(a), (b), (c) and (d)(i) and (ii) for “Annex V to the Directive” substitute “Annex 5 of Merchant Shipping Notice 1889 (M+F)”;
b
in paragraph (2) for “Annex VI to the Directive” substitute “Schedule 3, Part 3 to the Control of Substances Hazardous to Health Regulations 2002”17.
c
in paragraph (4) for “Annex V to the Directive” substitute “Annex 5 of Merchant Shipping Notice 1889 (M+F)”.
Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 20109
1
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 201018 are amended as follows.
2
In regulation 2 (interpretation)—
a
in paragraph (1) —
i
in the definition of “hazardous chemical agent”—
aa
after the words “hazard class laid down in” insert “Annex I to”; and
bb
for “an occupational exposure limit value under Article 3 of the Directive” substitute “a national occupational exposure limit value”,
ii
for the definition of “national occupational exposure limit value” substitute—
“national occupational exposure limit value” in relation to a chemical agent means any workplace exposure limit established for that agent in document EH4019
iii
after the definition of “occupational exposure limit value” insert—
“the REACH Regulation” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency;
iv
after the definition of “representative” insert—
“safety data sheet” means a safety data sheet within the meaning of Article 31 of and Annex II to the REACH Regulation;
b
in paragraph (2) for “as amended from time to time” substitute “as it had effect immediately before exit day”.
3
In regulation 5 (application of related legislation)—
a
for paragraph (2)(a) substitute—
a
any provisions for the protection of workers from ionising radiation;
b
for paragraph (3) substitute—
4
In regulation 6 (assessment of health risks) in paragraph (3) omit “and, where appropriate, that information shall comprise the specific assessment concerning the risk to users established on the basis of EU legislation on chemical agents”.
5
In regulation 10 (information and training for workers)—
a
in paragraph (3) for “regulation 5 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002” substitute “Article 31 of and Annex II to the REACH Regulation”,
b
for paragraph (5)(a) substitute—
a
marked in accordance with the CLP Regulation and Schedule 1, Part III to the Health and Safety (Safety Signs and Signals) Regulations 199622;or
c
omit paragraph (6).
6
In regulation 11 (prohibited activities)—
a
in paragraph (1)(a) for “part (a) of Annex III to the Directive” substitute “part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)”,
b
in paragraph (1)(b) for “part (b) of that Annex” substitute “part (b) of Annex 1 of Merchant Shipping Notice 1888 (M+F)”,
c
in paragraph (2)(c) for “part (a) of Annex III to the Directive” substitute “part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)”,
d
in paragraph (6)(a) for “part (a) of Annex III to the Directive” substitute “part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)”, and
e
in paragraph (6)(b) for “part (a) of Annex III to the Directive” substitute “part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F)”.
7
In regulation 12(5) (health surveillance) for “Annex II to the Directive” substitute “Annex 2 of Merchant Shipping Notice 1888 (M+F)”.
Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 201010
1
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 201023 are amended as follows.
2
In regulation 2 (interpretation) in paragraph (2) for “as amended from time to time” substitute “as it had effect immediately before exit day”.
3
In regulation 6 (assessment of health risks)—
a
in paragraph (3) omit “, and appropriate EU standards or recommendations are not available,”,
b
in paragraph (4) omit “, where such equipment is covered by relevant European Union Directives”, and
c
in paragraph (5)(c)(x) omit “in accordance with relevant European Union Directives”.
4
In regulation 7(2)(h) (general principles for the prevention of risks) omit “, where such equipment is covered by relevant European Union Directives”.
Signed by authority of the Secretary of State for Transport
(This note is not part of the Regulations)