The Fishing Vessels (Safety of 15–24 Metre Vessels) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for fishing vessels of at least 15 metres length overall but less than 24 metres registered length to comply with the requirements of the “Code of Safe Working Practice for the Construction and Use of 15 metre (LOA) to less than 24 metre (L) Fishing Vessels” (“the Code of Practice”) published by the Maritime and Coastguard Agency (regulations 3 and 4).

The Regulations amend the Fishing Vessels (Safety Provisions) Rules 1975 and the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975, so that those instruments no longer apply to fishing vessels of less than 24 metres registered length. They amend the Fishing Vessels (Life-Saving Appliances) Regulations 1988 so that they only apply to existing vessels of 24 metres in length and over. They also amend the Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999 so that Part III of that instrument applies to new and existing fishing vessels of at least 15 metres length overall. The Fishing Vessels (Code of Practice for the Safety of Small Fishing Vessels) Regulations 2001 are also amended so that that instrument applies to fishing vessels of less than 15 metres length overall. (Regulation 13 and the Schedule).

The Regulations provide that if a vessel proceeds or attempts to proceed on any voyage without complying with the Code of Practice, that is an offence on the part of the owner or the skipper (regulation 4). The Regulations provide for penalties (regulation 8), and for the inspection and detention of vessels (regulations 9 to 12).

The Regulations provide for equivalent provisions (regulation 5), the giving of approvals (regulation 6) and exemptions (regulation 7).

Transitional provision is made in relation to existing certificates (regulation 14).

A Regulatory Impact Assessment and a Transposition Note have been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG, (telephone number 023 8032 9297). The Transposition Note explains how EC Directive 93/103/EC is transposed by these Regulations, but in a different way to previously.

The Code of Practice referred to in these Regulations is published as Merchant Shipping Notice MSN 1770 by the Maritime and Coastguard Agency. Copies may be obtained from Mail Marketing (Scotland), Unit 6, Bloomsgrove Industrial Estate, Norton Street, Nottingham NG7 3JG, (telephone [phone]; fax [phone]; e-mail orders [e-mail]). The Code may also be accessed via the MCA’s website http://www.mcga.gov.uk.

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ L 204, 21/7/1998, p. 37–48).