The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Amendment) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations make two amendments to the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (S.I. 1997/2962) (“the principal Regulations”) to implement recommendations made by Lord Justice Clarke in his Interim Report on the Thames Safety Inquiry (Cm 4530) (“the Interim Report”) which was published in December 1999.

The first amendment implements recommendations 27.35 and 27.36 in the Interim Report which called for the rationalisation of health and safety legislation in relation to non-seagoing ships. The effect of the amendment is to apply merchant shipping health and safety legislation to non-seagoing ships, thereby allowing effective enforcement by the Maritime and Coastguard Agency, an Executive Agency of the Department of the Environment, Transport and the Regions.

The second amendment implements recommendation 27.34 in the Interim Report to align the duties under the merchant shipping legislation with those under the Health and Safety at Work Act 1974 (c. 37).

These Regulations are made under the powers contained in the Merchant Shipping Act 1995 (c. 21) except in respect of their application to Government ships (regulation 2(2) of the principal Regulations) and in respect of the provision of benefits to new or expectant mothers (regulations 8 and 9 of the principal Regulations), where the power is provided by section 2(2) of the European Communities Act 1972 (c. 68).

A copy of the Interim Report can be obtained from The Stationery Office Limited.