Citation and commencement

1. These Regulations may be cited as the Merchant Shipping (Passenger Ships on Domestic Voyages)(Amendment) Regulations 2012 and come into force on 16th November 2012.

Amendment of the Merchant Shipping (Survey and Certification) Regulations 1995

2. —(1)The Merchant Shipping (Survey and Certification) Regulations 1995( 2 ) are amended as follows.

(2) In regulation 1 (citation, commencement, interpretation, modification, revocation and supplemental) —

(a) for the definition of “the Directive” substitute —

“ “the Directive” means Directive 2009/45/ EC of 6th May 2009 on safety rules and standards for passenger ships ( 3 ) ; ” ; and

(b) after paragraph (3) insert—

“ (3A) references in the Directive to Conventions or Codes in their up to date versions which:

(a) relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995;

(b) are considered by the Secretary of State to be relevant from time to time; and

(c) are specified in a Merchant Shipping Notice;

have effect in so far as they are so specified. ” .

(3) After regulation 26 insert—

“ Review

27. —(1) The Secretary of State must from time to time—

(a) carry out a review of regulations 1 to 26,

(b) set out the conclusions of the review in the report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the 1974 SOLAS Convention is implemented in other states.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by those regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and if so the extent to which they could be achieved by a system that imposes less regulation.

(4) The first report under this regulation must be published before the end 16th November 2017.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years. ” .

Amendment to the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000

3. —(1)The Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000( 4 ) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) for the definition of “the Directive” substitute—

“ “the Directive” means Directive 2009/45/EC of 6th May 2009 on safety rules and standards for passenger ships ( 5 ) ; ” ; and

(b) after paragraph (2) insert—

“ (2A) references in the Directive to Conventions or Codes in their up to date versions which:

(a) relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995

(b) considered by the Secretary of State to be relevant from time to time

(c) specified in a Merchant Shipping Notice;

have effect in so far as they are so specified. ” `.

(3) In regulation 4 (application)—

(a) in paragraph 2(g) delete “subject to paragraph (3) below,”; and

(b) delete paragraph (3).

(4) In regulation 6 (safety requirements)—

(a) in paragraph (3) for “Article 7” substitute “Article 9”; and

(b) in paragraph (5) for “Article 7(1)” substitute “Article 9(1)”.

(5) In regulation 7 (alternative construction, equipment and machinery) for “Article 7” substitute “Article 9”.

(6) After Regulation 10 insert—

“ Review

11. —(1) The Secretary of State must from time to time—

(a) carry out a review of regulations 2 to 10,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other member states.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by those regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and if so the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under his regulation must be published before 16th November 2017.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years. ” .

Amendment of the Merchant Shipping (High Speed Craft) Regulations 2004

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