EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made to support the operation of Regulation (EC) No. 392/2009 of the European Parliament and of the Council on the liability of carriers of passengers by sea in the event of accidents (O.J. L131, 28.5.2009, p.24) (“the 2009 Regulation”) which comes into effect on 31st December 2012.
The 2009 Regulation creates a regime relating to liability and insurance for the carriage of passengers by sea as set out in the relevant provisions of the Athens Convention relating to the Carriage of Passengers and the Luggage by Sea, 1974, as amended by the Protocol of 2002 (“the Athens Convention”). The 2009 Regulation also adopts the International Maritime Organisation’s (“IMO”) Reservation and Guidelines for the implementation of the Athens Convention adopted by the Legal Committee of the IMO on 19th October 2006.
These Regulations apply to all international carriage where the ship is registered in the United Kingdom, the contract of carriage has been made in the United Kingdom or the place of departure or destination is in the United Kingdom (Regulation 3). They also apply to domestic voyages within the United Kingdom on board Class A ships, on or after 30th December 2016 and Class B ships on or after 30th December 2018 (Regulation 4). Class A and Class B ships are defined in article 4(1) of Directive 2009/45/EC of 25 June 2009 on safety rules and standards for passenger ships (O.J. L. 163, 25.6.2009, p.1) by reference to the sea areas in which they operate. Class B ships are passenger ships engaged on domestic voyages where they are at no point more than 20 miles from the line of coast. Ships falling within the description of Class A are those engaged on domestic voyages operating at greater distances from the coast.
Ships must have insurance (Regulation 5) as evidenced by a certificate (Regulation 6). The Athens Convention sets a minimum level for insurance at 250,000 units of account per passenger on each occasion. Certificates may be issued in the United Kingdom by the Secretary of State (Regulation 7) and must be carried on board the ship and produced on demand (Regulation 6). Failure to comply with the insurance obligations or to produce the certificate are offences (Regulation 8) and the ship may be detained (Regulation 9). Where the validity of a detention is questioned the matter may be referred to arbitration (Regulation 10) and compensation may be awarded (Regulation 11).
The Regulations also require that passengers are supplied with information relating to their rights under the 2009 Regulation and failure to do this constitutes an offence (Regulation 12).
A fee of £31.00 will be charged for the issue of a certificate (Regulation 13).
The original Athens Convention, which is incorporated into United Kingdom law through Schedule 6 to the Merchant Shipping Act 1995, will no longer apply to the carriage of passengers to which the 2009 Regulation is applied by these Regulations (Regulation 14).
These Regulations require the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come fully into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.
An impact assessment of the effect these Regulations will have on the costs of the business and the voluntary sector is available from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR. A copy has been placed in the library of each House of Parliament. The impact assessment is annexed to the Explanatory Memorandum which is available alongside these Regulations at www.legislation.gov.uk.