Ship safety: draft Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 2022
Proposed regulations will improve vessel stability and strength for bulk carriers.
I have today (21 March 2022) published as a draft the Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 2022, along with an accompanying draft Explanatory Memorandum.
The draft regulations revoke and replace the Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 1999 (SI 1999/1644) and the instruments that amend them and implement the most up to date requirements of the International Convention for the Safety of Life at Sea, 1974 (‘the Convention’), affecting bulk carriers.
The draft regulations are being published for 28 days. Following the conclusion of this period, and once any observations on the draft regulations have been taken into account, they will be laid for approval by each House of Parliament.
This procedure is required under paragraph 14 of Schedule 8 to the European Union (Withdrawal) Act 2018 because these Regulations revoke an instrument that was amended under section 2(2) of the European Communities Act 1972. The amendments were made by the Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (SI 2018/1221).
Further details are contained in the Annex to the draft Explanatory Memorandum.
The draft regulations implement requirements for bulk carriers in Chapter XII of the Convention, including previously unimplemented requirements for bulk carriers of double-side skin construction constructed on or after 1 July 2006, standards and criteria for side structures of bulk carriers of single-side skin construction and standards for owner’s inspection and maintenance of bulk carrier hatch covers.
The updated measures in Chapter XII are in force internationally, but the measures must also be incorporated into our national legislation to enable them to be enforced effectively, most notably to discourage non-compliance by non-UK flagged ships in UK waters, which would be detrimental to the safety of shipping in UK coastal areas.
The proposed regulations will ensure that UK law includes increased safety standards for bulk carriers and seafarers on UK flagged bulk carriers and non-UK flagged bulk carriers operating in UK waters by implementing updates to improve vessel stability and strength.
The draft regulations also include an ambulatory reference provision to ensure that future amendments to the Convention referred to in the draft regulations will automatically become UK law when they enter into force internationally.
As required by these regulations, a ministerial statement will be provided to both Houses of Parliament ahead of any amendment to Chapter XII, or other provision, of the Convention referenced in the regulations, prior to it coming into force in UK law by way of the ambulatory reference provision.
The draft regulations and the accompanying draft explanatory memorandum can be found on GOV.UK.