http://www.legislation.gov.uk/uksi/2018/1202The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018texttext/xmlenStatute Law DatabaseEXITING THE EUROPEAN UNIONMERCHANT SHIPPINGHEALTH AND SAFETY2025-02-07Expert Participation2020-12-31 Part 1 of these Regulations is made in exercise of the powers conferred by sections 85 and 86 of the Merchant Shipping Act 1995 except in respect of its application to Government ships, where the power is provided by section 2(2) of the European Communities Act 1972. 2018 No. 1202Exiting The European UnionMerchant ShippingHealth And SafetyThe Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018Sift requirements satisfied30th October 2018Made18th November 2018Laid before Parliament22nd November 2018Coming into force in accordance with regulation 1The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , by sections 85(1)(a) and (b), (3) and (5) and 86(1) and (2) of the Merchant Shipping Act 1995 , and by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.In accordance with section 86(4) of the Merchant Shipping Act 1995 the Secretary of State has consulted the persons referred to in that section.The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to maritime transport , and measures relating to the safety of ships and the health and safety of persons on them .Citation and commencement11These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018.2Subject to paragraph (3), these Regulations come into force on exit day.3This Regulation and regulation 2 come into force on the 22nd day after the day on which these Regulations are laid. PART 1 Amendments which take effect before exit dayAmendment of the Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 199521The Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995 are amended as follows.2In regulation 1(3) (citation, commencement, revocation and interpretation)—ain the definition of “dangerous substances” for “Merchant Shipping Notice M. 1608” substitute “ Annex 4 of Merchant Shipping Notice 1768 (M+F) ”;bfor the definition of “Government ships” substitute—“Government ships” has the meaning given in section 308(4) of the Merchant Shipping Act 1995;cin the definition of “inland navigation” for “Merchant Shipping Notice M. 1504” substitute “ Merchant Shipping Notice 1837(M) Amendment 2 ”;domit the definition of “Marine Safety Agency”;efor the definition of “Merchant Shipping Notice” substitute—“Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport), and includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;fin the definition of “Ship Captain's Medical Guide” for “the Marine Safety Agency” substitute “ the Maritime and Coastguard Agency (an executive agency of the Department for Transport) ”.3In regulation 4(1) (carriage of medical stores) in column 2 of the Table—afor “Merchant Shipping Notice M. 1607”, in each place it occurs, substitute “ Merchant Shipping Notice 1768 (M+F) ”; andbfor “Merchant Shipping Notice M. 1608” substitute “ Merchant Shipping Notice 1768 (M+F) ”.4In regulation 6 (standards of medical stores) for “Merchant Shipping Notice M. 1607 or M. 1608” substitute “ Merchant Shipping Notice 1768 (M+F) ”.5In regulation 7(3) (packaging and labelling of containers)—ain sub-paragraphs (a), (b) and (h) for “Merchant Shipping Notice M. 1607 or M. 1608” substitute “ Merchant Shipping Notice 1768 (M+F) ”;bin sub-paragraphs (e) and (f) for “Merchant Shipping Notice M. 1607” substitute “ Merchant Shipping Notice 1768 (M+F) ”; andcin sub-paragraph (f) omit “paragraph 8 of Schedule 4 to”.6In regulation 8 (storage of medicines)—ain paragraph (1) for “Merchant Shipping Notice M. 1607 or M. 1608” substitute “ Merchant Shipping Notice 1768 (M+F) ”; andbfor paragraph (3)(a) substitute—ain the medical cabinet if there is one; or.7In regulation 9(a) (replenishment of dated medicines) for “Merchant Shipping Notices M. 1607 and M. 1608” substitute “ Merchant Shipping Notice 1768 (M+F) ”.8In regulation 10 (carriage of guides) for “Merchant Shipping Notices M. 1607 and M. 1608” substitute “ Merchant Shipping Notice 1768 (M+F) ”. PART 2 Amendments which take effect on exit dayAmendment of the Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 19953In the Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995 omit regulation 2 (purpose of regulation).Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 199741The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 are amended as follows.2In regulation 2 (interpretation)—ain paragraph (2) omit the definition of “Directive 2014/27/EU”; andbfor paragraph (3) substitute—3Subject to paragraph (2), words and expressions used in the Regulations have the same meaning as in Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the health and safety of workers at work , as it had effect immediately before IP completion day.3In regulation 8(1)(b) (new or expectant mothers) for “Annexes I and II of Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the health and safety at work of pregnant workers who have recently given birth or are breast-feeding, as amended by Directive 2014/27/EU” substitute “ Annex A and B of Merchant Shipping Notice 1890 (M+F) ”.Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 199851The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998 are amended as follows.2In regulation 2(3) (interpretation) substitute—3Subject to paragraph (2), words and expressions used in the Regulations shall have the same meaning as in Council Directive 94/33/EC on the protection of young people at work , as it had effect immediately before IP completion day ..3In the Schedule (non-exhaustive list of agents, process and work)—afor paragraph 2(a) substitute—2aBiological agents which are group 3 biological agents or group 4 biological agents, as defined in the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010 .; andbin paragraph 3(a) after “classification under” insert “ Annex I to ”.Amendment of the Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 200161The Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001 are amended as follows.2In regulation 2(1) (interpretation)—aomit the definitions of “the Directive” and “Directive 2014/27/EU”;bfor the definition of “safety colour” substitute—“safety colour” means a colour to which a specific meaning is assigned in Part 1 of Schedule 1 to the Safety Signs Regulations;; andcafter the definition of “safety sign” insert—“Safety Signs Regulations” means the Health and Safety (Safety Signs and Signals) Regulations 1996 ;.3In regulation 5 (provision and maintenance of safety signs)—ain paragraph (2)(a) for “Annexes I to VII of the Directive” substitute “ Parts I to VII of Schedule 1 to the Safety Signs Regulations ”;bin paragraph (2)(b) for “Annexes I, VIII and IX of the Directive” substitute “ Parts I, VIII and IX of Schedule 1 to the Safety Signs Regulations ”; andcin paragraph (5) for “Annex IX to the Directive” substitute “ Part IX of Schedule 1 to the Safety Signs Regulations ”.Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 200771The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007 are amended as follows.2In regulation 2(1) (interpretation) after the definition of “health and safety” insert—“ionising radiation” means the transfer of energy in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less or a frequency of 3 x 1015 hertz or more capable of producing ions directly or indirectly;.3In regulation 3(4)(a) (application) for “radiation covered by the Treaty establishing the European Atomic Energy Community” substitute “ ionising radiation ”.Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 201081The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010 are amended as follows.2In regulation 2 (interpretation)—ain paragraph (1)—ifor the definition of “biological agents” substitute—“biological agents” means micro-organisms, cell cultures, or human endoparasites, whether or not genetically modified, which may cause infection, allergy, toxicity or otherwise create a hazard to human health;iiin the definition of “group 2 biological agent” omit “in Annex III to the Directive or”;iiiin the definition of “group 3 biological agent” omit “in Annex III to the Directive or”; aivin the definition of “group 4 biological agent” omit “in Annex III to the Directive or”;vomit the definition of “MCA”; andvifor the definition of “Merchant Shipping Notice” substitute—“Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;; andbOmit paragraph (2).3In regulation 4(6) (application) for “Annex I to the Directive” substitute “ Annex 1 of Merchant Shipping Notice 1889 (M+F) ”.4In regulation 7 (classification of biological agents)—ain paragraphs (1) and (3) omit “Annex III to the Directive or in”; andbomit paragraph (4).5In regulation 9(2)(e) (reduction of risks) for “Annex II to the Directive” substitute “ Annex 2 of Merchant Shipping Notice 1889 (M+F) ”.6In regulation 17 (health surveillance)—ain paragraph (3) for “Annex VII to the Directive” substitute “ Annex 3 of Merchant Shipping Notice 1889 (M+F) ”, andbin paragraph (9) for “Annex IV to the Directive” substitute “ Annex 4 of Merchant Shipping Notice 1889 (M+F) ”.7In regulation 19(3) (health and veterinary care facilities) for “Annex V to the Directive” substitute “ Annex 5 of Merchant Shipping Notice 1889 (M+F) ”.8In regulations 20 (special measures for industrial processes, laboratories and animal rooms)—ain paragraphs (1)(a), (b), (c) and (d)(i) and (ii) for “Annex V to the Directive” substitute “ Annex 5 of Merchant Shipping Notice 1889 (M+F) ”;bin paragraph (2) for “Annex VI to the Directive” substitute “ Schedule 3, Part 3 to the Control of Substances Hazardous to Health Regulations 2002 ” .cin paragraph (4) for “Annex V to the Directive” substitute “ Annex 5 of Merchant Shipping Notice 1889 (M+F) ”.Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 201091The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010 are amended as follows.2In regulation 2 (interpretation)—ain paragraph (1) —iin the definition of “hazardous chemical agent”—aaafter the words “hazard class laid down in” insert “ Annex I to ”; andbbfor “an occupational exposure limit value under Article 3 of the Directive” substitute “ a national occupational exposure limit value ”,iifor the definition of “national occupational exposure limit value” substitute—“national occupational exposure limit value” in relation to a chemical agent means any workplace exposure limit established for that agent in document EH40 ,iiiafter the definition of “occupational exposure limit value” insert—“the REACH Regulation” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency;, andivafter the definition of “representative” insert—“safety data sheet” means a safety data sheet within the meaning of Article 31 of and Annex II to the REACH Regulation;; andbin paragraph (2) for “as amended from time to time” substitute “ as it had effect immediately before IP completion day ”.3In regulation 5 (application of related legislation)—afor paragraph (2)(a) substitute—aany provisions for the protection of workers from ionising radiation;; andbfor paragraph (3) substitute—3In this regulation—a“IBC Code” and “IGC Code” have the same meaning as in the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 ; andb“IMDG Code” has the same meaning as in the Dangerous Goods in Harbour Areas Regulations 2016 ..4In regulation 6 (assessment of health risks) in paragraph (3) omit “and, where appropriate, that information shall comprise the specific assessment concerning the risk to users established on the basis of EU legislation on chemical agents”.5In regulation 10 (information and training for workers)—ain paragraph (3) for “regulation 5 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002” substitute “ Article 31 of and Annex II to the REACH Regulation ”,bfor paragraph (5)(a) substitute—amarked in accordance with the CLP Regulation and Schedule 1, Part III to the Health and Safety (Safety Signs and Signals) Regulations 1996 ;or, andcomit paragraph (6).6In regulation 11 (prohibited activities)—ain paragraph (1)(a) for “part (a) of Annex III to the Directive” substitute “ part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F) ”,bin paragraph (1)(b) for “part (b) of that Annex” substitute “ part (b) of Annex 1 of Merchant Shipping Notice 1888 (M+F) ”,cin paragraph (2)(c) for “part (a) of Annex III to the Directive” substitute “ part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F) ”,din paragraph (6)(a) for “part (a) of Annex III to the Directive” substitute “ part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F) ”, andein paragraph (6)(b) for “part (a) of Annex III to the Directive” substitute “ part (a) of Annex 1 of Merchant Shipping Notice 1888 (M+F) ”.7In regulation 12(5) (health surveillance) for “Annex II to the Directive” substitute “ Annex 2 of Merchant Shipping Notice 1888 (M+F) ”.Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010101The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 are amended as follows.2In regulation 2 (interpretation) in paragraph (2) for “as amended from time to time” substitute “ as it had effect immediately before IP completion day ”.3In regulation 6 (assessment of health risks)—ain paragraph (3) omit “, and appropriate EU standards or recommendations are not available,”,bin paragraph (4) omit “, where such equipment is covered by relevant European Union Directives”, andcin paragraph (5)(c)(x) omit “in accordance with relevant European Union Directives”.4In regulation 7(2)(h) (general principles for the prevention of risks) omit “, where such equipment is covered by relevant European Union Directives”.Signed by authority of the Secretary of State for TransportNusrat Ghani Parliamentary Under Secretary of State
Department for Transport

(This note is not part of the Regulations)

Part 1 of these Regulations is made in exercise of the powers conferred by sections 85 and 86 of the Merchant Shipping Act 1995 except in respect of its application to Government ships, where the power is provided by section 2(2) of the European Communities Act 1972.

The remainder of these Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a) and (g) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to secondary legislation which relates to maritime health and safety in order to ensure that the existing regulatory framework continues to operate effectively following the United Kingdom's withdrawal from the European Union. These Regulations also update references in the secondary legislation.

Merchant Shipping Notices are published by the Maritime and Coastguard Agency and copies may be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex RM17 9AY (telephone number 01375 484 548; fax 01375 484 556; email orders mnotices@ecgroup.co.uk). A copy may also be downloaded from http://www.mcga.gov.uk. That website also has details of any amendments or replacements.

A copy of the Ship Captain's Medical Guide published in 2014 by the Department for Transport may be downloaded from https://www.gov.uk/government/publications/the-ship-captains-medical-guide. The Guide is available for inspection free of charge but by appointment at the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 (infoline@mcga.gov.uk and 0203 817 2000).

A copy of the Approved List of biological agents published in 2004 by the Health and Safety Executive may be downloaded from http://www.hse.gov.uk/pubns/misc208.pdf. The document EH40 published in 2013 by the Health and Safety Executive may be downloaded from http://www.hse.gov.uk/pUbns/priced/eh40.pdf. Copies of these documents may be obtained by writing to Health and Safety Executive Books at PO Box 1999, Sudbury, Suffolk CO10 2WA or via https://books.hse.gov.uk.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.

1972 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).1995 c. 21; sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), section 8.2018 c. 16.S.I. 1994/757.S.I. 1993/595.S.I. 1995/1802, amended by S.I. 1996/2821, 1997/2971.A copy of the Ship Captain's Medical Guide published in 2014 by the Department for Transport may be downloaded from https://www.gov.uk/government/publications/the-ship-captains-medical-guide. The Guide is available for inspection free of charge but by appointment at the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (infoline@mcga.gov.uk and 0203 817 2000).S.I. 1997/2962, amended by S.I. 2015/21; there are other amending instruments but none is relevant.OJ No. L 183, 29.06.1989, p. 1, as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council OJ No. L 311, 21.11.2008, p. 1.S.I. 1998/2411, amended by S.I. 2015/21; there is another amending instrument but it is not relevant.OJ No. L 216, 20.08.1994, p. 12, as last amended by Directive 2014/27/EU of the European Parliament and of the Council OJ No. L 65, 05.03.2014, p. 1.S.I. 2010/323, to which there are amendments not relevant to these Regulations.S.I. 2001/3444, amended by S.I. 2015/21.S.I. 1996/341, amended by SI 2015/21; there are other amending instruments but none is relevant.S.I. 2007/3100, amended by S.I. 2010/1110, 2015/21.S.I. 2010/323, to which there are amendments not relevant to these Regulations.S.I. 2002/2677, to which there are amendments not relevant to these Regulations.S.I. 2010/330, amended by S.I. 2012/1844, 2015/21.The document EH40 published in 2013 by the Health and Safety Executive may be downloaded from http://www.hse.gov.uk/pUbns/priced/eh40.pdf and a copy may be obtained by writing to Health and Safety Executive Books at PO Box 1999, Sudbury, Suffolk CO10 2WA or via https://books.hse.gov.uk.S.I. 2018/68.S.I. 2016/721, to which there are amendments not relevant to these Regulations.S.I. 1996/341, amended by S.I. 2015/21; there are other amending instruments but none is relevant.S.I. 2010/2987.Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)Words in reg. 4(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1000), regs. 1, 2Words in reg. 5(2) substituted (31.12.2020 immediately before IP completion day) by The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1000), regs. 1, 2Words in reg. 9(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1000), regs. 1, 2Words in reg. 10(2) substituted (31.12.2020 immediately before IP completion day) by The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1000), regs. 1, 2