The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Miscellaneous Amendments) (EU Exit) Regulations 2018

Type Statutory-Instrument
Publication 2018-11-18
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
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Made: 18th November 2018

Laid before Parliament: 22nd November 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , by sections 85(1)(a) and (b), (3) and (5) and 86(1) and (2) of the Merchant Shipping Act 1995 , and by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

In accordance with section 86(4) of the Merchant Shipping Act 1995 the Secretary of State has consulted the persons referred to in that section.

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to maritime transport , and measures relating to the safety of ships and the health and safety of persons on them .

Citation and commencement

1

PART 1 — Amendments which take effect before exit day

Amendment of the Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995

2

Government ships” has the meaning given in section 308(4) of the Merchant Shipping Act 1995

Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport), and includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

(a) in the medical cabinet if there is one; or

PART 2 — Amendments which take effect on exit day

Amendment of the Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995

3

In the Merchant Shipping and Fishing Vessels (Medical Stores) Regulations 1995 omit regulation 2 (purpose of regulation).

Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997

4

(3) Subject to paragraph (2), words and expressions used in the Regulations have the same meaning as in Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the health and safety of workers at work , as it had effect immediately before IP completion day

Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998

5

(3) Subject to paragraph (2), words and expressions used in the Regulations shall have the same meaning as in Council Directive 94/33/EC on the protection of young people at work , as it had effect immediately before IP completion day .

(2) (a) Biological agents which are group 3 biological agents or group 4 biological agents, as defined in the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010 .

; and

Amendment of the Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001

6

safety colour” means a colour to which a specific meaning is assigned in Part 1 of Schedule 1 to the Safety Signs Regulations;

; and

Safety Signs Regulations” means the Health and Safety (Safety Signs and Signals) Regulations 1996 ;

Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007

7

ionising radiation” means the transfer of energy in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less or a frequency of 3 x 10¹⁵ hertz or more capable of producing ions directly or indirectly;

Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010

8

biological agents” means micro-organisms, cell cultures, or human endoparasites, whether or not genetically modified, which may cause infection, allergy, toxicity or otherwise create a hazard to human health;

Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

; and

Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010

9

national occupational exposure limit value” in relation to a chemical agent means any workplace exposure limit established for that agent in document EH40

the REACH Regulation” means Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency;

, and

safety data sheet” means a safety data sheet within the meaning of Article 31 of and Annex II to the REACH Regulation;

; and

(a) any provisions for the protection of workers from ionising radiation;

; and

(3) In this regulation— (a) “IBC Code” and “IGC Code” have the same meaning as in the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 ; and (b) “IMDG Code” has the same meaning as in the Dangerous Goods in Harbour Areas Regulations 2016 .

(a) marked in accordance with the CLP Regulation and Schedule 1, Part III to the Health and Safety (Safety Signs and Signals) Regulations 1996 ;or

, and

Amendment of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010

10

Signed

Signed by authority of the Secretary of State for Transport

Nusrat Ghani — Parliamentary Under Secretary of State — 2018-11-18

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^f00002]: 1995 c. 21; sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), section 8.

[^f00003]: 2018 c. 16.

[^f00004]: S.I. 1994/757.

[^f00005]: S.I. 1993/595.

[^f00006]: S.I. 1995/1802, amended by S.I. 1996/2821, 1997/2971.

[^f00007]: A copy of the Ship Captain’s Medical Guide published in 2014 by the Department for Transport may be downloaded from https://www.gov.uk/government/publications/the-ship-captains-medical-guide. The Guide is available for inspection free of charge but by appointment at the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (infoline@mcga.gov.uk and 0203 817 2000).

[^f00008]: S.I. 1997/2962, amended by S.I. 2015/21; there are other amending instruments but none is relevant.

[^f00009]: OJ No. L 183, 29.06.1989, p. 1, as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council OJ No. L 311, 21.11.2008, p. 1.

[^f00010]: S.I. 1998/2411, amended by S.I. 2015/21; there is another amending instrument but it is not relevant.

[^f00011]: OJ No. L 216, 20.08.1994, p. 12, as last amended by Directive 2014/27/EU of the European Parliament and of the Council OJ No. L 65, 05.03.2014, p. 1.

[^f00012]: S.I. 2010/323, to which there are amendments not relevant to these Regulations.

[^f00013]: S.I. 2001/3444, amended by S.I. 2015/21.

[^f00014]: S.I. 1996/341, amended by SI 2015/21; there are other amending instruments but none is relevant.

[^f00015]: S.I. 2007/3100, amended by S.I. 2010/1110, 2015/21.

[^f00016]: S.I. 2010/323, to which there are amendments not relevant to these Regulations.

[^f00017]: S.I. 2002/2677, to which there are amendments not relevant to these Regulations.

[^f00018]: S.I. 2010/330, amended by S.I. 2012/1844, 2015/21.

[^f00019]: The document EH40 published in 2013 by the Health and Safety Executive may be downloaded from http://www.hse.gov.uk/pUbns/priced/eh40.pdf and a copy may be obtained by writing to Health and Safety Executive Books at PO Box 1999, Sudbury, Suffolk CO10 2WA or via https://books.hse.gov.uk.

[^f00020]: S.I. 2018/68.

[^f00021]: S.I. 2016/721, to which there are amendments not relevant to these Regulations.

[^f00022]: S.I. 1996/341, amended by S.I. 2015/21; there are other amending instruments but none is relevant.

[^f00023]: S.I. 2010/2987.

Editorial notes

[^c23439721]: 1972 c. 68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^c23439731]: 1995 c. 21; sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), section 8.

[^c23439741]: 2018 c. 16.

[^c23439751]: S.I. 1994/757.

[^c23439761]: S.I. 1993/595.

[^c23439771]: S.I. 1995/1802, amended by S.I. 1996/2821, 1997/2971.

[^c23439781]: A copy of the Ship Captain's Medical Guide published in 2014 by the Department for Transport may be downloaded from https://www.gov.uk/government/publications/the-ship-captains-medical-guide. The Guide is available for inspection free of charge but by appointment at the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (infoline@mcga.gov.uk and 0203 817 2000).

[^c23439791]: S.I. 1997/2962, amended by S.I. 2015/21; there are other amending instruments but none is relevant.

[^c23439801]: OJ No. L 183, 29.06.1989, p. 1, as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council OJ No. L 311, 21.11.2008, p. 1.

[^c23439811]: S.I. 1998/2411, amended by S.I. 2015/21; there is another amending instrument but it is not relevant.

[^c23439821]: OJ No. L 216, 20.08.1994, p. 12, as last amended by Directive 2014/27/EU of the European Parliament and of the Council OJ No. L 65, 05.03.2014, p. 1.

[^c23439831]: S.I. 2010/323, to which there are amendments not relevant to these Regulations.

[^c23439841]: S.I. 2001/3444, amended by S.I. 2015/21.

[^c23439851]: S.I. 1996/341, amended by SI 2015/21; there are other amending instruments but none is relevant.

[^c23439861]: S.I. 2007/3100, amended by S.I. 2010/1110, 2015/21.

[^c23439871]: S.I. 2010/323, to which there are amendments not relevant to these Regulations.

[^c23439881]: S.I. 2002/2677, to which there are amendments not relevant to these Regulations.

[^c23439891]: S.I. 2010/330, amended by S.I. 2012/1844, 2015/21.

[^c23439901]: The document EH40 published in 2013 by the Health and Safety Executive may be downloaded from http://www.hse.gov.uk/pUbns/priced/eh40.pdf and a copy may be obtained by writing to Health and Safety Executive Books at PO Box 1999, Sudbury, Suffolk CO10 2WA or via https://books.hse.gov.uk.

[^c23439911]: S.I. 2018/68.

[^c23439921]: S.I. 2016/721, to which there are amendments not relevant to these Regulations.

[^c23439931]: S.I. 1996/341, amended by S.I. 2015/21; there are other amending instruments but none is relevant.

[^c23439941]: S.I. 2010/2987.

[^key-3015525920c884c65af971b98355cda7]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^key-48576d8ad6a8ac6d1ded454716d3611a]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^key-6fd2df33a15437b0b7297ff2219455d1]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^key-8ec3f5be3b1d9ab81d054c92fa3e685d]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^key-31d0c40743caa8bf22983e580054aa18]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^key-b2ea4bff3d66988e3079646594f3ea65]: Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^key-7bbe4e036eb8d881a0d783b0718d0f1a]: Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^key-e2cc8aa9e67aaa0b58dbfb8cb7a77d24]: Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[^key-75274774c2bd813e03d8d5b6dcc2e558]: Words in reg. 4(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1000), regs. 1, 2

[^key-55e3d541b816f7b6efdec5b8be7cba5e]: Words in reg. 5(2) substituted (31.12.2020 immediately before IP completion day) by The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1000), regs. 1, 2

[^key-497c9bd507b17706d54c6da9af4a83ee]: Words in reg. 9(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1000), regs. 1, 2

[^key-37baac543cac9974476cacc6da406f45]: Words in reg. 10(2) substituted (31.12.2020 immediately before IP completion day) by The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1000), regs. 1, 2

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