This Statutory Instrument has been made partly in consequence of a defect in S.I. 2010/330 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2010 No. 1110
Merchant Shipping
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) Regulations 2010
Made
30th March 2010
Laid before Parliament
1st April 2010
The Secretary of State makes the following Regulations in exercise of the powers conferred on him by section 2(2) of the European Communities Act 1972( 1 ) and sections 85(1), (3) and (5) to (7) and 86(1) of the Merchant Shipping Act 1995( 2 ).
The Secretary of State is a Minister designated( 3 ) for the purpose of section 2(2) of the European Communities Act 1972 in relation to measures relating to the safety of ships, and the health and safety of persons on them.
In accordance with section 86(4) of the Merchant Shipping Act 1995, so far as the Regulations are made in the exercise of powers conferred by section 85 of that Act the Secretary of State has consulted the persons referred to in section 86:
Citation and commencement
1. —(1) These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) Regulations 2010.
(2) This regulation and regulation 5 come into force on 5th April 2010.
(3) Regulations 2 , 3 and 4 come into force on 26th April 2010.
Amendments relating to hovercraft
2. In regulation 2 (interpretation) of the Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007( 4 )—
(a) after the definition of “the risk assessment” in paragraph (1) insert—
“ “ship” includes hovercraft; ” ;
(b) after paragraph (3) insert—
“ (4) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft. ” .
3. In regulation 2 (interpretation) of the Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007( 5 )—
(a) after the definition of “the risk assessment” in paragraph (1) insert—
“ “ship” includes hovercraft; ” ;
(b) after paragraph (2) insert—
“ (3) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft. ” .
4. In regulation 2 (interpretation) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007( 6 )—
(a) after the definition of “representative” in paragraph (1) insert—
“ “ship” includes hovercraft; ” ;
(b) after paragraph (4) insert—
“ (5) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft. ” .
Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010
5. At the start of paragraph (6)(b) in regulation 11 (prohibited activities) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010( 7 ) omit “where”.
Signed by authority of the Secretary of State for Transport
Paul Clark
Parliamentary Under Secretary of State
Department for Transport
30th March 2010
1972 c.68 ; by virtue of the amendment of section 1(2) of the European Communities Act 1972 by section 1 of the European Economic Area Act 1993 (c.51) regulations may be made under section 2(2) of the European Communities Act 1972 to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993 (Cm 2183).
1995 c.21 ; sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28) sections 8 and 29, Schedule 7, Part I and are applied to hovercraft by the Hovercraft (Application of Enactments) Order 1989 ( S.I. 1989/1350 ) to which there are amendments not relevant to these Regulations.