This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Regulations)
These Regulations amend three instruments. Regulation 2 amends the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 (S.I. 1998/1011), regulation 3 amends the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A) Regulations 1998 (S.I. 1998/2515), and regulation 4 amends the Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 1999 (S.I. 1999/2723).
These Regulations implement the findings of a review into safety standards for older passenger ships which operate domestically and, so far as practicable, bring the safety standards of these older vessels up to the standards of new vessels. The Regulations apply to domestic passenger ships. In relation to the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 and the Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 1999, the amendments to these instruments also apply to non-United Kingdom ships in United Kingdom waters.
The Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 are supplemented by an updated Merchant Shipping Notice (MSN 1699, Amendment 3) containing further technical detail, and which is made mandatory by way of the reference to it in those Regulations. This MSN is available from the Maritime & Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG or can be found onwww.gov.uk.
Provision for the postponement of compliance with the updated requirements in each instrument and in MSN 1699, Amendment 3, is included in each instrument. Compliance with the updated requirements must be achieved by the date of the first passenger ship renewal survey after the second anniversary of the date on which these Regulations come into force, unless an exemption from the requirements of the regulations is granted by the Secretary of State pursuant to the relevant power to exempt in each instrument. In practice, this will require the Secretary of State to be satisfied that there is an appropriate implementation plan in place to ensure later compliance with the updated requirements.
The updated requirements are set out in a guidance note, MGN 627(M). This guidance provides detailed explanation as to how the requirements work in practice and what factors the Secretary of State will take into account in granting an exemption beyond the date for compliance in each instrument. MGN 627(M) is available from the MCA or can be found on www.gov.uk.
These Regulations have been notified in draft to the European Commission in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p.1).
An impact assessment of the effect of this instrument has been produced and is published with the Explanatory Memorandum alongside the instrument at www.legislation.gov.uk.
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