The Merchant Shipping and Fishing Vessels (Entry into Enclosed Spaces) Regulations 2022

Exemptions

10.—(1) The Secretary of State may, on such terms, if any, as may be specified, grant exemptions from regulations 8 (drills) and 9 (testing equipment) for an individual ship or class of ships which—

(a) is less than 500 gross tons;

(b) is not a SOLAS ship or class of SOLAS ships; and

(c) satisfies the conditions set out in any one of sub-paragraphs (a), (b) or (c) of paragraph (2).

(2) The conditions referred to in paragraph (1) are—

(a) the ship or class of ships must be operated in accordance with—

(i) a schedule that requires a return to a port at intervals not exceeding 72 hours; and

(ii) a procedure which ensures that no seafarer on board a ship enters any enclosed space whilst that ship is at sea;

(b) it is not reasonably practicable to comply with regulation 8(2)(a) in consequence of either—

(i) the pattern of operation of the ship or class of ships; or

(ii) the arrangements for crewing the ship or class of ships;

(c) there are no enclosed spaces on the ship or class of ships to which a seafarer might reasonably be expected to require entry, other than in exceptional circumstances.

(3) Where an exemption is granted to a ship or class of ships on satisfaction of the conditions set out in paragraph (2)(b) or (c), the shipowner and the employer must each ensure that—

(a) seafarers participate in drills equivalent to those prescribed by regulation 8(2)(b) and (c)—

(i) in the case of paragraph (2)(b), in such other manner and at such other intervals as may be reasonably practicable; and

(ii) in the case of paragraph (2)(c), if entry is required in exceptional circumstances, before entry is effected;

(b) the drills referred to in sub-paragraph (a) are recorded in the official log book.

(4) The Secretary of State may, on giving reasonable notice, alter or cancel any exemption granted under this regulation.

(5) An exemption granted under paragraph (1) or an alteration or cancellation under paragraph (4) must—

(a) be in writing,

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

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

(6) The requirement that an exemption granted under paragraph (1) or an alteration or cancellation under paragraph (4) be in writing is satisfied where the text is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.