2010 No. 1075
The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 85(1)(a) and (b), (3) and (5) to (7) and 86(1) and (2) of the Merchant Shipping Act 1995 F1 and section 2(2) of the European Communities Act 1972 F2 as read with paragraph 1A of Schedule 2 to that Act F3.
The Secretary of State has consulted the persons referred to in section 86(4) of the Merchant Shipping Act 1995.
The Secretary of State is a Minister designated F4 for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the safety of ships, and the health and safety of persons on them.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for references to Annexes to Directive 2006/87/EC of 12th December 2006 of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EECF5 to be construed as references to those Annexes as amended from time to time.
1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51) and the European Union (Amendment) Act 2008 (c.7). By virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c.51) regulations may be made under section 2(2) of the European Communities Act 1972 to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993 (Cm 2183).
Paragraph 1A was inserted by the Legislative and Regulatory Reform Act 2006 (c.51), section 28.
O.J. No. L 389, 30.12.2006, p.1. Added to Annex XIII to the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 89/2007 of 6
July 2007 (O.J. No. L 328, 13.12.2007, p.36).
1995 c.21. Sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c.27) sections 8 and 29 and Schedule 7, Part I, and are applied to hovercraft by the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350), to which there are amendments not relevant to these Regulations.