Consultation outcome

Consultation on the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023 and accompanying Code, The Safety of Small Workboats and Pilot Boats — A Code of Practice (“Workboat Code Edition 3”)

Updated 4 May 2023

Section 1: Introduction

1.1 This consultation sought views on a new Statutory Instrument (SI) and accompanying code, The Safety of Small Workboats and Pilot Boats — A Code of Practice (“Workboat Code Edition 3”), which will provide a domestic legal underpinning for Workboats and Pilot Boats to operate on a commercial basis.

1.2 The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023 and accompanying Code of Practice applies to workboats, including Remotely Operated Unmanned Vessels operating as workboats, and pilot boats which are less than 24m load line length.

1.3 This instrument updates the provisions previously made in the 1998 Regulations so that they set out in greater detail the application and certification process for vessels, the requirements on owners and masters to report incidents, the processes to be followed where a vessel is deficient or detained and the penalties that can arise if the Regulations are breached. The instrument also sets out the process that applies if a surveyor determines that a vessel is deficient to the extent that it does not correspond with the particulars under which it was certified, or if it poses a danger to the vessel or a person on board. In addition, the instrument provides for disputes in relation to survey outcomes to be settled by arbitration.

1.4 The instrument also makes consequential amendments to other instruments which are needed to enable the provisions to apply to Remotely Operated Unmanned Vessels used as workboats.

1.5 Consultees were invited to comment on any aspect of this consultation. A more in-depth explanation of the areas for consideration can be found in Section 3 of this document.

1.6 A full summary of responses received can be found in the annexes to this report.

Section 2: Consultation

2.1 The consultation was carried out from 6 October 2022 until 29 December 2022. Full details of the consultation can be found here: https://www.gov.uk/government/consultations/the-merchant-shipping-small-workboats-and-pilot-boats-regulations-2023

2.2 The consultation was published on GOV.UK for any member of the public who wished to read it and/or respond to it. The Maritime and Coastguard Agency also specifically notified other Maritime Associations such as The Workboat Association, the FAST Cluster, Certifying Authorities, Recognised Organisations, and other interested parties, including Government departments.

A total of 94 responses were received from individuals and organisations consisting of hundreds of individual comments on the SI, Workboat Code Edition 3, and its Annexes. The Maritime and Coastguard Agency would like to thank all those who took the time to consider its proposals.

Section 3: Consultation Outcome

3.1 The consultation document set out a series of questions on specific areas of the SI and Workboat Code Edition 3 with ‘yes’, ‘no’ or ‘no response’ options, and respondents were invited to add any further comments.

3.2 The comments, and the government’s response, can be found in Annexes B and C of this report.

3.3 A summary of the responses received are outlined below:

Question 1

Are you in favour of the proposed Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023 and accompanying Code of Practice (“Workboat Code Edition 3”)? Yes / No. Please provide a brief explanation why/why not.

Summary of consultee views

There were 62 responses to this question. Of those who expressed a preference, the majority were in favour of the proposed Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023 and accompanying Code of Practice (“Workboat Code Edition 3”).

Government response

The government welcomes the support from respondents about the proposed new regulations.

Question 2

Do you consider the restructuring of Workboat Code Edition 3 adds clarity to the requirements and assists the reader in navigating their way through the Code of Practice? Yes / No. Please provide a brief explanation why/why not.

Summary of consultee views

There were 62 responses to this question. The majority did not express any preference in favour or against the proposed restructuring.

Government response

The government note that changes to an established structure may require a period of familiarisation; however, it believes the revised layout to be more user friendly, easier to read and less ambiguous than previous editions of the Code. The government intends to go ahead with the proposed structure.

This revised structure will be used in forthcoming revisions of other Codes of Practice to ensure continuity across the different small commercial vessel fleets.

Question 3

Do you consider the new definitions which have been included in Section 2 of the Workboat Code Edition 3 to be appropriate and fit for purpose? Yes / No. Please provide a brief explanation why/why not.

Summary of consultee views

There were 61 responses to this question. Of those who expressed a preference, the majority were in favour of including the revised and new definitions.

Government response

The government welcomes the support from respondents about the proposed new definitions.

Question 4

In Section 5.3.3 of the Workboat Code Edition 3 there are two options for acceptable construction standards for vessels which have not been built under survey of a UK Load Line Assigning Authority:

(a) .2 in accordance with the hull certification standards for small craft as provided in MIN XXX and as verified by a Notified Body in compliance with RCR Module B (EU type-examination) together with either Modules C, D or F, Module G (conformity based on unit verification) or Module H (conformity based on full quality assurance). A Post Construction Assessment as defined in the RCR carried out by a Notified Body may also be accepted.

or,

(b) .2 in accordance with the hull certification standards for small craft as provided in MIN XXX with verification of structural strength and build by a Load Line Assigning Authority, Certifying Authority or Notified Body. A post construction assessment can be accepted subject to 5.3.3.2, supported by a structural survey.

Please indicate your preferred solution, (a) or (b), and provide a brief explanation why.

Summary of consultee views

There were 56 responses to this question. Of those who expressed a preference, the majority were in favour of including option (b).

Government response

The government welcomes the feedback. Upon further review and discussion with consultees, it is believed a better solution can, and will, be drafted that includes elements of both provisions.

Question 5

Vessels where bulk cargo is loaded into and carried in the vessel’s hold or tanks are considered to be small tankers or bulk carriers and shall not be certified under the provisions of this Code.

Do you consider the Workboat Code Edition 3 would benefit from adding reference to the definitions of ‘bulk cargo’ and ‘in bulk’ from The Merchant Shipping (Carriage of Cargoes) Regulations 1999 (SI 1999/336) in order to clarify the limitations of cargo carrying for vessels certificated under the Workboat Code Edition 3? Yes / No. Please provide a brief explanation why/why not.

Summary of consultee views

There were 62 responses to this question with the majority in favour of including these definitions.

Government response

The government welcomes the feedback and will include these in the Workboat Code Edition 3.

Question 6

Do you consider the saving and transitional arrangements reasonable and appropriate? Yes / No. Please provide a brief explanation why/why not.

Summary of consultee views

There were 62 responses to this question. Of those who expressed a preference, the majority were against the proposed transitional arrangements.

Government response

The proposed changes were added to the draft Workboat Code Edition 3 to provide uniformity and consistency of applicable standards and the associated safety benefits that would bring across the whole workboat fleet. In considering the significant concerns raised regarding the detrimental impact the proposed transitional arrangements would have on the workboat industry, and that requiring all existing vessels to meet the revised standards would be impractical, prohibitively expensive and an unnecessary burden on the sector, the government has concluded that on the balance of cost vs. benefit, the transitional arrangements should be simplified.

Where the transitional arrangements were highlighted as being particularly challenging, Workboat Code Edition 3 will now include the provisions made in previous versions of the Workboat Code (Brown Code, MGN 280 and Workboat Code Edition 2) so existing vessels certificated under older versions of the Workboat Code can continue to operate in compliance with the standards against which they were originally certificated.

Where the transitional arrangements were not highlighted as a concern, these will be simplified, setting out proportionate timescales to comply with the revised standards for those sections of Workboat Code Edition 3. These include some of the equipment required to be carried on board that has a set life cycle that would ordinarily require replacement after a specified age. Once that is due for renewal, the revised standards would be applied and compliance with Workboat Code Edition 3 fulfilled.

Question 7

Do you believe the costings which have been monetised (visible in figures 5-8) provide an accurate representation of the cost incurred for those vessels operating? If not, how would you expect the estimated costs to vary?

Summary of consultee views

There were 62 responses to this question. Of those who expressed a preference, the majority did not agree with the costing as set out in the De Minimus Assessment.

Government response

The government carried out a thorough analysis of the costings involved, based on the information that was available at the time. As with all financial assessments there were some assumptions made; where more accurate information and data has now been made available which challenges those assumptions, appropriate amendments will be made.

Question 8

Do you agree with the assumption that the only cost imposed onto business is the cost of familiarisation to the new Code? If not, please provide any insight/ evidence and outline any other costs you believe will be incurred.

Summary of consultee views

There were 60 responses to this question where the majority did not agree with the assumptions made on costings as set out in the De Minimus Assessment.

Government response

The government welcomes the feedback. Where the feedback did not agree, it related to the costs associated with the transition of existing vessels to the new Code. In revising the transitional arrangements and making provision for existing vessels, it is believed the concerns raised over these costs will be negated.

Question 9

Are you/ do you know of a small and/or micro business(es) who will be disproportionally affected by any of the measures outlined? (If so, please provide relevant detail and evidence)

Summary of consultee views

There were 60 responses to this question. Of those who expressed a preference, the majority believed that small and/or micro business(es) would be disproportionally affected by the measures outlined.

Government response

The government welcomes the feedback. Where the feedback did not agree, it related to the costs associated with the transition of existing vessels to the new Code. In revising the transitional arrangements and making provision for existing vessels, it is believed the concerns raised over these costs will be negated.

Question 10

Do you foresee any unintended consequences of the proposed Code that have not been mentioned in this document? (If so, please provide any relevant insight and/or evidence)

Summary of consultee views

There were 59 responses to this question with the majority believing there would be unintended consequences of proceeding with the proposed Workboat Code Edition 3 in its current form.

Government response

The government welcomes the feedback. Where the feedback did not agree, it related to the costs associated with the transition of existing vessels to the new Code. In revising the transitional arrangements and making provision for existing vessels, it is believed the concerns will be negated.

3.4. Further details of all the responses received can be found in Annex A: Log of Responses Received to Consultation Questions.

Section 4: Next Steps

4.1 Subject to the amendments made to the draft legislation published for consultation noted in this report and Annexes B & C, the Maritime and Coastguard Agency intends to introduce this new legislation as soon as possible.

4.2 There will be a short period of time between the new rules being laid in Parliament and coming into force. This is to ensure that anyone who may be affected by this legislation is familiar with it ahead of its entry into force.

4.3 The Regulations will be published on www.legislation.gov.uk

4.4 Every effort will be made to publish the revised accompanying guidance on gov.uk in advance of Regulations coming into force.

List of Annexes Included in this Consultation Report

The following Annexes can be found with this consultation report on the Gov.UK website: https://www.gov.uk/government/consultations/the-merchant-shipping-small-workboats-and-pilot-boats-regulations-2023

Annex A: Log of Responses Received to Consultation Questions

Annex B: MCA Response to General Comments in Workboat Code Edition 3

Annex C: MCA Response to Comments on Workboat Code Edition 3 Annexes