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The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) Regulations 2010

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EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulations 2 to 4 of these Regulations make minor drafting amendments to the Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007, the Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 and the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007. The amendments clarify that those Regulations apply to hovercraft as they do to ships, and that any reference in those Regulations to the master of a ship means, in the case of a hovercraft, the captain of that hovercraft. Putting express provisions to this effect into these Regulations brings them into line with other Regulations relating to health and safety issues on merchant ships and fishing vessels.

Regulation 5 amends the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010 by deleting a word included in error. This regulation is being brought into force on 5th April 2010, the day before commencement of the Regulations it amends, so that those Regulations will be correct as soon as they come into effect.

These Regulations are made under powers contained 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. Each of the Regulations being amended implements a European Union Directive which applies to Government ships as well as to other ships.

No impact assessment has been prepared for these Regulations as they have no impact on the costs of business or the voluntary sector; they merely either correct a drafting error in the Regulations being amended or make express what was already implicit in, and understood to be the effect of, those Regulations.

As this Statutory Instrument has been made partly in consequence of a defect in the 2010 Regulations, it is being issued free of charge to all known recipients of those Regulations.

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