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

Contents

Part 1 · Amendment of secondary legislation

3Amendments which take effect before exit day#

(1)In each of the regulations specified in paragraph (2), omit the definition of “EEA Agreement” and for the definition of “EEA State” substitute—““EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978 ^note.”

(2)The regulations specified for the purpose of paragraph (1) are—

(a)regulation 2(1) of the Merchant Shipping (Cargo Ship Construction) Regulations 1997 ^note,

(b)regulation 1(2) of the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 ^note,

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)regulation 2 of the Merchant Shipping (Radio Installations) Regulations 1998 ^note,

(e)regulation 2(2) of the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998 ^note,

(f)regulation 2(2) of the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 ^note,

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)regulation 2(2) of the Merchant Shipping (Life-Saving Appliances for Ships Other than Ships of Classes III to VI(A)) Regulations 1999 ^note,

(i)regulation 2(2) of the Merchant Shipping (Life-Saving Appliances For Passenger Ships of Classes III To VI(A)) Regulations 1999 ^note, and

(j)regulation 2(1) of the Merchant Shipping (Ro-Ro Passenger Ships) (Stability) Regulations 2004 ^note.

(3)In each of the regulations specified in paragraph (4) for the definition of “EEA State” substitute—““EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978.”

(4)The regulations specified for the purpose of paragraph (3) are—

(a)regulation 1(2) of the Merchant Shipping (Registration of Ships) Regulations 1993 ^note, and

(b)regulation 2(1) of the Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001 ^note.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Amendments on exit day#

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

1Citation#

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

Part 2 · Revocation of retained EU law

5Revocation#

The following instruments are revoked—

(a)Regulation (EEC) No 1101/89;

(b)Regulation (EC) No 718/1999;

(c)Regulation (EC) 1406/2002;

(d)Regulation (EC) No 2099/2002;

(e)Regulation (EC) No 414/2007;

(f)Regulation (EC) No 415/2007;

(g)Regulation (EC) No 416/2007;

(h)Regulation (EC) No 181/2008;

(i)Regulation (EU) No 164/2010;

(j)Regulation (EU) No 689/2012;

(k)Regulation (EU) No 909/2013;

(l)Regulation (EU) No 911/2014;

(m)Council Decision 77/587/EEC;

(n)Council Decision 2014/195/EU;

(o)Council Decision (EU) 2016/381;

(p)Commission Decision (EU) 2016/566;

(q)Council Decision (EU) 2017/769; and

(r)Council Decision (EU) 2017/770.

2Commencement#

These Regulations come into force—

(a)for the purposes of regulations 1, 2 and 3 on the 22nd day after the day on which these Regulations are laid, and

(b)for all other purposes, on exit day.

Schedule · Amendments of secondary legislation on exit day

(1)

(1)The Merchant Shipping (Registration of Ships) Regulations 1993 are amended as follows.

(2)In regulation 1 (citation, commencement and interpretation) in paragraph (2)—

(a)for the definition of “EEA Agreement” substitute—““EEA Agreement” has the meaning given by Schedule 1 to the Interpretation Act 1978;”

(b)in the definition of “non-United Kingdom nationals exercising their right of freedom of movement of workers or right of establishment”—

(i)in sub-paragraph (a)—

(aa)omit “other than the United Kingdom”, and

(bb)after “their rights under Article 45 or 49 of the Treaty on the Functioning of the European Union”, insert “ as recognised and available in domestic law by virtue of the European Union (Withdrawal) Act 2018 ”, and

(ii)in sub-paragraph (b), after “their rights under Article 28 or 31 of the EEA Agreement”, insert “ as recognised and available in domestic law by virtue of the European Union (Withdrawal) Act 2018 ”.

(3)In regulation 7 (persons qualified to be owners of ships to be registered on Part I of the Register), in paragraph (1)(f), for “in a EEA State”, substitute “ in the United Kingdom or in an EEA State ”.

(4)In regulation 12 (eligibility), for paragraph (b) substitute—“b bodies corporate—i incorporated in the United Kingdom, orii incorporated in an EEA State with a place of business in the United Kingdom;”

(5)In regulation 15 (dispensations) in paragraph (1)(a) omit “other than the United Kingdom”.

(6)In regulation 24 (applications by bodies corporate) in paragraph (b)(i) omit “other than the United Kingdom”.

(7)In regulation 36 (registration and refusal of registration of a ship) omit paragraph (3).

(8)In Schedule 4 (details to go on the register) in paragraph 2(e), omit “other than the United Kingdom”.

(2)

(1)The Merchant Shipping (Gas Carriers) Regulations 1994 ^note are amended as follows.

(2)In regulation 1 (citation, commencement, interpretation and revocation) in paragraph (2) after the definition of “the IGC Code” insert—““IMO Member State” means a State which is a member of the International Maritime Organization;”

(3)In regulation 7 (equivalents) in paragraph (2)(a) and (b) for “a member State” substitute “ an IMO Member State ”.

(3)

(1)The Merchant Shipping (Cargo Ship Construction) Regulations 1997 ^note are amended as follows.

(2)In regulation 2 (interpretation) in paragraph (2)(ii) omit “other than the United Kingdom”.

(3)In regulation 57 (alternative construction, equipment and machinery) in paragraph (b) omit “other than the United Kingdom” in both places at which those words occur.

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

(a)in paragraph (3), omit “other than the United Kingdom” in each place it occurs;

(b)in paragraph (4)(b), omit “other than the United Kingdom”; and

(c)in paragraph (5)(b)(ii), for “another” substitute “ an ”.

(5)

(1)The Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 are amended as follows.

(2)In regulation 1 (citation, commencement, interpretation and application)—

(a)in paragraph (2), for the definition of “relevant standard of an EEA State other than the United Kingdom” substitute—““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; orc 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”

(b)in paragraph (3), omit “other than the United Kingdom”.

(3)In regulation 46 (alternative construction and equivalents) in paragraph (2)(a) and (b) omit “other than the United Kingdom”.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(8)

(1)The Merchant Shipping (Radio Installations) Regulations 1998 are amended as follows.

(2)In regulation 5 (equivalents and exemptions) in paragraph (2), omit “other”.

(3)In regulation 21 for the definition of “member State” substitute—““member State” has the meaning given by Schedule 1 to the Interpretation Act 1978;”

(9)

(1)The Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998 are amended as follows.

(2)In regulation 2 (interpretation)—

(a)in paragraph (2), for the definition of “relevant standard of an EEA state other than the United Kingdom” substitute—““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; orc 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”

(b)in paragraph (3)(ii), omit “other than the United Kingdom”.

(3)In regulation 90 (alternative construction, equipment and machinery) in paragraph (2)(a) and (b) omit “other than the United Kingdom”.

(10)

(1)The Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 are amended as follows.

(2)In regulation 2 (interpretation)—

(a)in paragraph (2), for the definition of “relevant standard of an EEA state other than the United Kingdom” substitute—““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; orc 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;”

(b)in paragraph (3)(ii), omit “other than the United Kingdom”.

(3)In regulation 72 (alternative construction, equipment and machinery) in paragraph (2)(a) and (b) omit “other than the United Kingdom”.

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)

(1)The Merchant Shipping (Life-Saving Appliances For Passenger Ships Of Classes III To VI(A)) Regulations 1999 are amended as follows.

(2)In regulation 2 (interpretation) in paragraph (4) omit “other than the United Kingdom”.

(3)In regulation 23 (equivalents) in paragraph (2)(a) and (b) for “a member State of the EEA, other than the United Kingdom,” substitute “ an EEA State ”.

(15)

(1)The Tonnage Tax (Training Requirement) Regulations 2000 ^note are amended as follows.

(2)In regulation 2 (interpretation) in paragraph (b) of the definition of “nationality groups” omit “other than the United Kingdom”.

(3)In regulation 7 (meaning of “eligible officer trainee” and “eligible rating trainee”) for paragraph (a) substitute—“a a British citizen, a British citizen from the Channel Islands or the Isle of Man or a national of an EEA State, and”

(16)

(1)The Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 ^note are amended as follows.

(2)In regulation 2 (interpretation)—

(a)in paragraph (1)—

(i)for the definition of “domestic voyage” substitute—““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, orb from a port of a member State to the same or another port within that member State;”

(ii)at the end of the definition of “port waters”, insert the following—“;“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”

(b)in paragraph (2), for the words from “With” to “EEA States)”, substitute “ Save where otherwise defined in paragraph (1) ”.

(3)In regulation 7 (alternative construction, equipment and machinery)—

(a)in paragraph (1), omit “, subject to the procedure laid down in paragraph 4 of Article 9 of the Directive,”; and

(b)in paragraph (2), omit “other”.

(4)In regulation 7A (stability requirements for ro-ro passenger ships) in paragraph (1), omit “EEA State or”.

(17)

(1)The Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001 are amended as follows.

(2)In regulation 2 (interpretation)—

(a)in paragraph (1), before the definition of “the Directive”, insert the following definition—““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 ^note, 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;”

(b)in paragraph (2), for “Other”, substitute “ Subject to paragraph (3), other ”; and

(c)after paragraph (2) insert—“3 Where, in these Regulations, a reference is made to provisions of the Directive, those provisions are to be read as if a reference to a “Member State” includes the United Kingdom, and a reference to a “third state” does not include the United Kingdom.”

(3)In each of the paragraphs specified in sub-paragraph (4) for “another Member State or EEA State” substitute “ a Member State or an EEA State ”.

(4)The paragraphs specified for the purpose of sub-paragraph (3) are—

(a)in regulation 6 (initial specific surveys) paragraphs (3) and (4); and

(b)in regulation 8 (regular specific surveys and additional surveys) paragraphs (3) and (5).

(18)

(1)The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 ^note are amended as follows.

(2)In regulation 2 (interpretation, etc.) in paragraph (2)(b) for “any other” substitute “ an ”.

(3)In regulation 17 (non-compliance or suspected non-compliance) in paragraph (2) for “another” substitute “ an ”.

(4)In regulation 20 (inspection and detention of a United Kingdom ship) after paragraph (3) insert—“3A For the purposes of regulation 20(3), articles 7 and 10 of the Directive are to be read as if a reference to a ‘Community port’ includes a port within the United Kingdom.”

(5)In regulation 21 (inspection and detention of ships other than United Kingdom ships) after paragraph (2) insert—“2A For the purposes of regulation 21(2), articles 7 and 10 of the Directive are to be read as if a reference to a ‘Community port’ includes a port within the United Kingdom.”

(19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(20)

(1)The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 ^note are amended as follows.

(2)In regulation 2(1) (interpretation)—

(a)for the definition of “domestic voyage” substitute—““domestic voyage” means a voyage from a port in the United Kingdom to the same or another port in the United Kingdom;”

(b)for the definition of “port authority” substitute—““port authority” in relation a member State means a port authority within the meaning of the Directive and in relation to the United Kingdom means a statutory harbour authority within the meaning of the 1995 Act, and “authority” in relation to a port shall be construed accordingly;”

(3)In regulation 3(b) (competent authority) omit “other than the United Kingdom”.

(4)In regulation 4(2)(b) (application) after “the Government of”, insert “ the United Kingdom or ”.

(5)In regulation 4A (exemptions from the requirements of regulations 5 or 10) in paragraph (4) after “Article 15.2 of the Directive” insert “, reading each reference in the Article to ‘Member States’ as including the United Kingdom”.

(6)In regulation 8 (installation of automatic identification systems) in paragraph (3) after “Part I of Annex II to the Directive” insert “, reading each reference in the Annex to ‘a port of a Member State of the Community’ as including a port in the United Kingdom”.

(7)In regulation 8A (installation of automatic identification systems on fishing vessels) in paragraph (2) after “Part I of Annex II to the Directive” insert “, reading each reference in the Annex to ‘a port of a Member State of the Community’ as including a port in the United Kingdom”.

(8)In regulation 10 (notification by ships carrying dangerous or polluting goods)—

(a)in paragraph (3) omit “, other than a port in the United Kingdom,”;

(b)in paragraph (4) omit “other than the United Kingdom”; and

(c)in paragraph (5) after “in an EEA State” insert “ or in the United Kingdom ”.

(9)In regulation 13 (measures to be taken in the event of exceptionally bad weather or sea conditions) in paragraph (1)(a) omit “other”.

(10)In regulation 13A (measures to be taken in the event of risks posed by the presence of ice) in paragraph (1)(b) omit “other”.

(11)In regulation 15 (obligations of shipowners in relation to accidents and incidents) in paragraph (2)(b)(ii) omit “, other than the United Kingdom,”.

(21)

(1)The Merchant Shipping (Ro-Ro Passenger Ships) (Stability) Regulations 2004 are amended as follows.

(2)In regulation 2 (interpretation) in paragraph (1) for the definition of “international voyage” substitute—““international voyage” means a voyage between—a a port in the United Kingdom and a port outside the United Kingdom; orb a port in another country and a port in any other country or territory which is outside the United Kingdom;”

(3)In regulation 3 (application) in paragraph (1)(a) after “a United Kingdom ro-ro passenger ship operating to or from” insert “ a port in the United Kingdom or ”.

(4)In regulation 4 (stability requirements of Directive 2003/25/EC)—

(a)omit “which are the requirements of Article 4 of and Annex I to the Directive” in each of the places at which those words occur; and

(b)in paragraph (5)(a) omit “of Article 4 of or Annex I to the Directive or”.

(22)

(1)The Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 ^note are amended as follows.

(2)In regulation 3 (application of Part 5 of the Act to seafarers working wholly or partly in Great Britain and adjacent waters) in paragraphs (2) and (3) omit “other than the United Kingdom” in each of the places at which those words occur.

(3)In regulation 4 (application of Part 5 of the Act to seafarers working wholly outside Great Britain and adjacent waters) in paragraph (2)(a) omit “other than the United Kingdom”.

(4)In regulation 5 (differentiation in relation to pay) in paragraph (b)(ii) for “another” substitute “ an ”.

(23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(24)

(1)The Merchant Shipping (Flag State Directive) Regulations 2011 ^note are amended as follows.

(2)In regulation 2(1) (interpretation) after the definition of “flag State” omit “and” and insert—““IMO Conventions” means the conventions for which the International Maritime Organization is the depository ^note;“ship” means a ship or craft flying the flag of a Member State or the United Kingdom, falling within the scope of the relevant IMO Conventions, and for which a certificate is required; and”

(3)For regulation 3 (duty to ensure information is retained) substitute—“3 1 The Secretary of State must ensure that the information referred to in paragraph (2) concerning each United Kingdom ship—a is kept; andb can be readily accessed by the Secretary of State.2 The information referred to in paragraph (1) is as follows—a particulars of the ship (including name and IMO number);b dates of surveys, including additional and supplementary surveys, if any, and audits;c identification of the recognised organisations involved in the certification and classification of the ship;d identification of the competent authority which has inspected the ship under port State control provisions and the dates of the inspections;e outcome of the port State control inspections (including any deficiencies identified and any detentions which took place);f information on marine casualties; andg identification of ships which have ceased to fly the flag of the United Kingdom during the previous 12 months.3 The duty in paragraph (1) ends—a 12 months after the date on which the ship ceases to be a United Kingdom ship; orb if sooner, on the date on which the information is provided to a flag State under regulation 4(2) or under Article 4(3) of the 2004 Regulation.”

(25)In the Merchant Shipping (Compulsory Insurance of Shipowners for Maritime Claims) Regulations 2012 ^note omit regulation 8 (expulsion order).

(26)In the Merchant Shipping (International Safety Management (ISM) Code) Regulations 2014 ^note in regulation 2 (interpretation) in paragraph (1) for the definition of “Certifying Authority”, substitute—““Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State;”

(27)In the Merchant Shipping (Survey and Certification) Regulations 2015 ^note, in regulation 24 (prohibition on proceeding on a voyage or excursion without the appropriate certificate) in paragraph 1(b) for “another Member State or EEA State” substitute “ a member State or an EEA State ”.

(28)In the Fishing Vessels (Codes of Practice) Regulations 2017 ^note, in regulation 17 (equivalent provisions), in paragraph (2)(a) and (b) omit “other than the United Kingdom”.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 4

Show every defined term

Community port
includes a port within the United Kingdom.”
Member State
includes the United Kingdom, and a reference to a “third state” does not include the United Kingdom.”
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”
ship
means a ship or craft flying the flag of a Member State or the United Kingdom, falling within the scope of the relevant IMO Conventions, and for which a certificate is required;

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

Part 1 · Amendment of secondary legislation

3Amendments which take effect before exit day#

4Amendments on exit day#

1Citation#

Part 2 · Revocation of retained EU law

5Revocation#

2Commencement#

Schedule · Amendments of secondary legislation on exit day

Connections

Defined terms · 4

History · 7 versions

Key facts

Part 1 · Amendment of secondary legislation

3Amendments which take effect before exit day#

4Amendments on exit day#

1Citation#

Part 2 · Revocation of retained EU law

5Revocation#

2Commencement#

Schedule · Amendments of secondary legislation on exit day