The Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) (Amendment) Regulations 2000

Statutory Instruments

2000 No. 484

MERCHANT SHIPPING

SAFETY

The Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) (Amendment) Regulations 2000

Made

25th February 2000

Laid before Parliament

1st March 2000

Coming into force

1st April 2000

The Secretary of State for the Environment, Transport and the Regions, after consulting the persons referred to in section 86(4) of the Merchant Shipping Act 1995(1), in exercise of the powers conferred by sections 85(1), (3) and (6) and 86(1) of that Act, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) (Amendment) Regulations 2000 and shall come into force on 1st April 2000.

Amendment of the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997

2.—(1) The Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997(2) shall be amended as follows.

(2) In regulation 2(1), before the definition of “company” there shall be inserted:

““certificate of equivalent competency” means a document entitled “certificate of equivalent competency” issued under regulation 5(2) and (3) of the Merchant Shipping (Training and Certification) Regulations 1997(3);”.

(3) In paragraphs (a) and (b) of regulation 4(2), before “seaman” there shall be inserted “master and”.

(4) In paragraph (a) of regulation 4(2), after “certificate” there shall be inserted “or a certificate of equivalent competency”.

(5) In paragraph (c) of regulation 4(2), before “seamen” there shall be inserted “masters and”.

(6) In paragraph (a) of regulation 15(1), before “all seamen” there shall be inserted “the master and”.

(7) In paragraph (b) of regulation15(1), before “seamen” there shall be inserted “master or”.

(8) In paragraph (a) of regulation 15(3), before “any seaman” there shall be inserted “the master or”.

(9) In regulation 18, after “individual cases” there shall be added “, and may alter or cancel any exemptions so granted”.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions.

Keith Hill

Parliamentary Under-Secretary of State,

Department of the Environment, Transport and the Regions

25th February 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997.

The Regulations require owners and others responsible for the operation of ships to ensure that not only seamen but also masters hold appropriate certificates or certificates of equivalent competency, and have had the training specified in the Merchant Shipping (Training and Certification) Regulations 1997. They must also ensure that documentation and data relevant to masters, as well as that relevant to seamen, is maintained and readily available for inspection (regulation 2(2)–(5)).

In relation to non-United Kingdom ships, the Regulations provide for an authorised person to be empowered to inspect a ship for the purposes of verifying not only that all seamen have appropriate certificates where required, but also that the master has such a certificate (regulation 2(6) and (8)). Such a person is also empowered to inspect the ship to assess the ability of the master (as well as the ability of the seamen) to maintain required watchkeeping standards (regulation 2(7)).

Provision is made for the Secretary of State to be able to alter or cancel exemptions (regulation 2(9)).

(1)

1995 c. 21; sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), section 8.

(2)

S.I. 1997/1320, amended by S.I. 1997/1911.

(3)

S.I. 1997/348, amended by S.I. 1997/1911.