This Statutory Instrument has been made in consequence of defects in SI 2006/2183 and is being issued free of charge to all known recipients of that Statutory Instrument.
2008 No. 2165
Merchant Shipping

The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) (Amendment) Regulations 2008

Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred on her by section 2(2) of the European Communities Act 19721 (“the 1972 Act”) and by sections 85(1)(a) and (b) and (3) and 86(1) of the Merchant Shipping Act 19952 (“the 1995 Act”).
The Secretary of State is a Minister designated3 for the purposes of section 2(2) of the 1972 Act in relation to measures relating to the safety of ships and the heath and safety of persons on them.

In accordance with section 86(4) of the 1995 Act the Secretary of State has consulted the persons referred to in that section.

Citation and commencement1.

These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) (Amendment) Regulations 2008 and shall come into force on 8th September 2008.

Amendment of the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 20062.

(1)

The Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 20064 are amended as follows.

(2)

For regulation 6(1), substitute—

“6.

(1)

The employer shall ensure that the work equipment made available to workers on the ship may be used by workers without impairment to their health or safety, and is—

(a)

suitable for the work to be carried out, or

(b)

properly adapted for that purpose.”

(3)

In the Schedule, omit the entries relating to‑

(a)

the Simple Pressure Vessels (Safety) Regulations 19915,

(b)

the Supply of Machinery (Safety) Regulations 19926,

(c)

the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 19967, and

(d)

the Pressure Equipment Regulations 19998.

Signed by authority of the Secretary of State for Transport

Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 (“the 2006 Regulations”). The 2006 Regulations, including the provisions amended by these Regulations, implement the United Kingdom’s obligations under Council Directive 89/655/EEC (OJ L393, 30.12.89, p 13) as amended by Council Directive 95/63/EC (OJ L335, 30.12.95, p 28) concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). Regulation 2(1) substitutes a new version of regulation 6(1) into the 2006 Regulations to clarify the conditions that work equipment must satisfy in order for it to be made available to workers on the ship. Regulation 2(2) removes from the Schedule to the 2006 Regulations four entries that were included in error. Accordingly, these Regulations are being issued free of charge to all known recipients of the 2006 Regulations.

The Regulations are made under the powers in the Merchant Shipping Act 1995 except in respect of their application to Government ships where the power is provided by section 2(2) of the European Communities Act 1972.

An Impact Assessment has not been produced as the purpose of this instrument is to bring the impact of the 2006 Regulations into line with that anticipated on the making of those Regulations, for which a regulatory impact assessment was produced.