The Merchant Shipping (Passengers' Rights) (Amendment etc.) (EU Exit) Regulations 2019 No. 649

PART 3 U.K.

Amendment and revocation of retained direct EU legislation U.K.

Amendment of Regulation (EC) No 392/2009 U.K.

6.—(1) Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents M1 is amended as follows.

(2) In Article 1 (subject matter)—

(a) in paragraph 1—

(i) in the first paragraph, omit “Community”; and

(ii) in subparagraph (a), for “Annex I”, substitute “ Part 1 of Schedule 6 to the Merchant Shipping Act 1995 M2 ”;

(b) in paragraph 2, for “a single Member State”, substitute “ the United Kingdom ”; and

(c) omit paragraph 3.

(3) In Article 2 (scope)—

(a) in the first paragraph, for “a single Member State”, substitute “ the United Kingdom ”;

(b) in points (a), (b) and (c), omit “a Member State” in each place that it appears and substitute “ the United Kingdom ”; and

(c) omit the words “Member States may apply this Regulation to all domestic seagoing voyages.”.

(4) In Article 3 (liability and insurance), in paragraph 1, omit “16 and Articles”.

(5) In Article 6 (advance payment), in paragraph 1—

(a) for “EUR 21,000”, substitute “ £18,500 ”; and

(b) in the second paragraph, for “Community”, substitute “ United Kingdom ”.

(6) In Article 7 (information to passengers)—

(a) at the beginning of the first paragraph, omit the words from “Without prejudice” to “package tours,”;

(b) in the second paragraph, for “a Member State”, on both occasions it appears, substitute “ the United Kingdom ”; and

(c) omit the third paragraph.

(7) Omit Article 8 (reporting).

(8) In Article 9 (amendments)—

(a) in paragraph 1—

(i) in the first paragraph, for “Measures designed”, substitute “ The Secretary of State may make regulations ”;

(ii) in the first paragraph, omit the words from “, shall be adopted” to the end of the paragraph; and

(iii) omit the second paragraph; and

(b) in paragraph 2—

(i) for “Measures designed”, substitute “ The Secretary of State may make regulations ”; and

(ii) omit the words from “shall be adopted” to the end of the paragraph.

(9) In Article 10 (committee procedure)—

(a) for the title, substitute “ Regulations ”;

(b) for paragraph 1, substitute “ Any power of the Secretary of State to make regulations is exercisable by statutory instrument. ”; and

(c) for paragraph 2, substitute “ Any statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament. ”.

(10) Omit Articles 11 (transitional provisions) and 12 (entry into force).

(11) Omit Annex I.

Commencement Information

I1 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 OJ No. L 131, 28.5.2009, p. 24.

M2 1995 c. 21. Part 1 of Schedule 6 was substituted by S.I. 2014/1361.