Explanatory note

This instrument amends one set of Regulations and, as a consequence, revokes a further set relating to merchant shipping.

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 (S.I. 1997/2962) (“the Health and Safety Regulations”) prescribe requirements relating to the safety of ships and the health and safety of persons on them. The requirements include a list of general duties to which an employer must have regard, including the provision of appropriate and relevant information and instruction for workers.

The Merchant Shipping (Code of Safe Working Practices for Merchant Seamen) Regulations 1998 (S.I. 1998/1838) (“the Code Regulations”) prescribe the number of copies of the Code of Safe Working Practices for Merchant Seamen which must be carried on board UK ships (excluding fishing and pleasure vessels, and certain ships where alternative requirements apply). The number of copies and by whom they are kept is determined by the number of workers employed on the vessel. The Regulations also specify where copies must be kept. Failure to supply the correct number of copies of the Code, or to remove a copy of the Code from a vessel without consent, is a criminal offence.

These Regulations insert a new requirement into the Health and Safety Regulations under which the Company (the person or body responsible for operating a ship) must ensure that enough copies of a new Code, the Code of Safe Working Practices for Merchant Seafarers, are available on board a vessel so that it is easily accessible and readily available to all workers and seafarers. This Code was published by the Maritime and Coastguard Agency on 4th September 2015 and replaces the Code of Safe Working Practices for Merchant Seamen described in the Code Regulations. The reference to the Code includes any subsequent amended, revised or replacement edition of that Code. The amended requirement no longer prescribes the number of hard copies of the Code to be provided, as it is anticipated that it will be generally available in electronic format as well as hard copy. The obligation also extends to seafarers who are not workers, which is consistent with the Maritime Labour Convention, 2006 (Cm 7049). Failure to meet the requirement is a criminal offence.

As a consequence of this amendment the Code Regulations are spent and are revoked.

A full impact assessment of the effect that these Regulations will have on the costs of business and the voluntary sector is available and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.