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The Merchant Shipping (Passengers’ Rights) (Amendment etc.) (EU Exit) Regulations 2019

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the European Union.

These Regulations make amendments to legislation in the field of maritime passengers’ rights and, in particular, amend legislation relating to ticketing, liability for accidents, compensation for delay and cancellations, assistance for people with reduced mobility. They also revoke legislation in relating to pollution damage from bunker oil.

Part 2 amends the Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations 1999 (S.I. 1999/1869), the Merchant Shipping (Carriage of Passengers by Sea) Regulations 2012 (S.I. 2012/3152) (“the 2012 Regulations”), and the Merchant Shipping (Passengers’ Rights) Regulations 2013 (S.I. 203/425). These are amendments are consequential to amendments being made in Part 3.

Part 3 revokes Council Decision 2002/762/EC which authorised the accession to International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. It amends Regulation (EC) No. 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accident and revokes Council Decisions 2012/22/EU and 2012/23/EU which relate to that Regulation. It also amends Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway.

Part 4 makes consequential provision in relation to the operation of the 2012 Regulations.

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 has been published alongside these Regulations and is available with these Regulations at www.legislation.gov.uk.

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