The Merchant Shipping and Fishing Vessels (Entry into Enclosed Spaces) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke the Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988 (S.I. 1988/1638); re-enact certain provisions of those Regulations; give effect to the new regulation 7 of Chapter XI-1 of the International Convention for the Safety of Life at Sea 1974 (“SOLAS”); and extend the requirements of that regulation and regulation 19 of Chapter III of SOLAS to ships other than SOLAS ships.

The Regulations require shipowners, masters, employers of seafarers and other persons to comply with obligations designed to avoid deaths or injuries in enclosed spaces.

The Regulations provide for the granting of exemptions (regulation 10).

The Regulations also provide for contravention of the various requirements to be offences and subject to criminal penalties (regulation 11). In cases of non-compliance a ship may be detained (regulation 12).

The Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104) are amended to substitute a reference to these Regulations for the existing reference to the Merchant Shipping (Entry into Dangerous Spaces) Regulations 1988 (regulation 13).

The Secretary of State must review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that (regulation 14). Following a review, it will fall to the Secretary of State to consider whether these Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke or amend these Regulations.

SOLAS and its Protocol of 1988 may be obtained in copy from the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR and both are available on the Foreign, Commonwealth and Development Office (FCDO) treaties database (https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=79786). The text of the IMO Resolutions amending the Convention and Protocol may be obtained from the IMO or on the FCDO treaties database (https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=68013).

The Maritime Labour Convention (MLC) is available on the website of the International Labour Organisation (ILO) at www.ilo.org/global/standards/maritime-labour-convention/lang--en/index.htm and on the FCDO treaties database (http://foto.archivalware.co.uk/data/Library2/pdf/2016-TS0037.pdf).

Copies of the MLC may be obtained as a priced publication from www.tsoshop.co.uk, or by post from TSO Customer Services, 18 Central Avenue, St. Andrew’s Business Park, Norwich NR7 0HR, tel: [phone] or inspected free of charge at the Maritime and Coastguard Agency (MCA), Spring Place, 105 Commercial Road, Southampton SO15 1EG.

Reference to the MLC in this instrument is ambulatory (regulation 4). Future amendments to the MLC may be obtained in copy from the ILO and, after coming into force in the United Kingdom, found on the FCDO treaties database ( https://treaties.fco.gov.uk/responsive/app/consolidatedSearch/). Until such publication is made on the FCDO treaties database, an amendment will be available from the MCA and on https://www.gov.uk. An amendment will be publicised in advance of its in-force date by means of a Parliamentary Statement to both Houses of Parliament and by way of a Marine Guidance Note, which will be available in copy from the MCA and on https://www.gov.uk.

A full impact assessment has not been provided for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.