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The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018

Type Statutory-Instrument
Publication 2018-11-22
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
Reform history JSON API PDF

Made: 22nd November 2018

Laid before Parliament: 28th November 2018

Coming into force in accordance with regulation 2

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and 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.

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

1

These Regulations may be cited as the Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018.

Commencement

2

These Regulations come into force—

PART 1 — Amendment of secondary legislation

Amendments which take effect before exit day

3

“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978 .

“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978.

Amendments on exit day

4

The Schedule (amendments of secondary legislation on exit day) has effect.

PART 2 — Revocation of retained EU law

Revocation

5

The following instruments are revoked—

SCHEDULE — AMENDMENTS OF SECONDARY LEGISLATION ON EXIT DAY

Amendment of the Merchant Shipping (Registration of Ships) Regulations 1993

1

“EEA Agreement” has the meaning given by Schedule 1 to the Interpretation Act 1978;

; and

(b) bodies corporate— (i) incorporated in the United Kingdom, or (ii) incorporated in an EEA State with a place of business in the United Kingdom;

Amendment of the Merchant Shipping (Gas Carriers) Regulations 1994

2

“IMO Member State” means a State which is a member of the International Maritime Organization;

Amendment of the Merchant Shipping (Cargo Ship Construction) Regulations 1997

3

Amendment of the Race Relations (Northern Ireland) Order 1997

4

In the Race Relations (Northern Ireland) Order 1997 in Article 11 (seafarers)—

Amendment of the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998

5

“relevant standard of an EEA State”, in relation to a reference to an International Standard or a British Standard, means— (a) a relevant standard or code of practice of a national standards body or equivalent body of an EEA State; (b) a relevant international standard recognised for use in an EEA State; or (c) a relevant specification acknowledged for use as a standard by a public authority of an EEA State, being a standard, code of practice or specification which provides, in use, levels of safety, suitability and fitness for purpose equivalent to those provided by the International Standard or the British Standard;; and

; and

Amendment of the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998

7

In the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998 , in regulation 8 (equivalent standards) in paragraph (2) omit “other”.

Amendment of the Merchant Shipping (Radio Installations) Regulations 1998

8

“member State” has the meaning given by Schedule 1 to the Interpretation Act 1978;

Amendment of the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998

9

“relevant standard of an EEA State”, in relation to a reference to an International Standard or a British Standard means— (a) a relevant standard or code of practice of a national standards body or equivalent body of an EEA State; (b) a relevant international standard recognised for use in an EEA State; or (c) a relevant specification acknowledged for use as standard by a public authority of an EEA State, being a standard, code of practice or specification which provides, in use, levels of safety, suitability and fitness for purpose equivalent to those provided by the International Standard or the British standard;; and

; and

Amendment of the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998

10

“relevant standard of an EEA state”, in relation to a reference to an International Standard or a British Standard, means— (a) a relevant standard or code of practice of a national standards body or equivalent body of an EEA State; (b) a relevant international standard recognised for use in an EEA State; or (c) a relevant specification acknowledged for use as a standard by a public authority of an EEA State, being a standard, code of practice or specification which provides in use, levels of safety, suitability and fitness for purpose equivalent to those provided by the International Standard or the British Standard;

; and

Amendment of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 1999

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Merchant Shipping (Life-Saving Appliances for Ships Other Than Ships of Classes III to VI(A)) Regulations 1999

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Merchant Shipping (Life-Saving Appliances For Passenger Ships Of Classes III To VI(A)) Regulations 1999

14

Amendment of the Tonnage Tax (Training Requirement) Regulations 2000

15

(a) a British citizen, a British citizen from the Channel Islands or the Isle of Man or a national of an EEA State, and

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

16

“domestic voyage” means a voyage in sea areas either— (a) from a port in the United Kingdom to the same or another port within the United Kingdom, or (b) from a port of a member State to the same or another port within that member State;

; “sea area” means, in relation to the waters of the United Kingdom, an area as set out by the Secretary of State in accordance with regulation 3(2), and, in relation to the waters of a Member State, means an area established by a Member State pursuant to Article 4(2) of the Directive

; and

Amendment of the Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001

17

“certificates” means— (a) for ro-ro ferries and high-speed passenger craft engaged in international voyages, the safety certificates issued under the International Convention for the Safety of Life at Sea (SOLAS) 1974 , as amended from time to time, together with the relevant records of equipment and where appropriate exemption certificates and permits to operate; (b) for ro-ro ferries and high-speed passenger craft engaged on domestic voyages, the safety certificates issued in accordance with Directive 98/18/EC together with the relevant records of equipment and where appropriate exemption certificates and permits to operate;

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