text:
Citation, commencement and application
1
1
a
These Regulations may be cited as the Merchant Shipping (Passenger Ship Construction and Survey) (Amendment) Regulations 1992 and shall come into force on 31st October 1992, but the amendments made thereby shall not have effect in relation to a vessel whose keel was laid or which was at a similar stage of construction —
i
before 1st January 1940, until 1st April 1994;
ii
on or after 1st January 1940 but before 31st December 1962, until 1st April 1995;
iii
on or after 1st January 1963 but before 31st December 1974, until 1st April 1996;
iv
on or after 1st January 1975 but before 31st August 1984, until 1st April 1997; and
v
on or after 1st September 1984 but before 31st October 1992, until 1st April 1998.
b
For the purposes of this regulation “similar stage of construction” means the stage at which —
i
construction identifiable with a specific ship begins; and
ii
assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material, whichever is less.
2
These Regulations do not apply to ships which are not United Kingdom ships.
PART 1
AMENDMENTS TO 1980 REGULATIONS
2
The Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1980 shall be amended as follows —
1
In regulation 1(2) the following definitions shall be inserted in the appropriate alphabetical order:
“Buoyancy test” means a test carried out in accordance with Schedule 6 to these Regulations;
“Heeling test” means a test carried out in accordance with Schedule 5 to these Regulations;
“Open ship” means a ship in which all the passenger accommodation is completely open to the elements and is not fitted with a weathertight or watertight deck or structure above the waterline;
“Merchant Shipping Notice” means a Notice described as such and issued by the Department of Transport; and any reference to a particular Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
.
2
In regulation 1(2) in the defintion of “length” for “regulation 19(8)” there shall be substituted “regulations 19(5)(b)(ii) and 19(5)(c)(iii)”.
3
In regulation 1(3)(b) for “9L” there shall be substituted “9I”.
4
In regulation 3(1) —
a
in the definition of “Class IV ” for the words “partially smooth waters, or voyages in smooth and partially smooth waters.” there shall be substituted the words “Category A, B, C and D waters.”;
b
in the defintion of “Class V” for the words “smooth waters” there shall be substituted the words “Category A, B and C waters”;
c
in the definition of “Class VI ” —
i
for the words “smooth or in partially smooth waters” there shall be substituted the words “Category A, B, C and D waters”; and
ii
for the words “smooth waters” there shall be substituted the words “Category A, B and C waters”.
5
In regulation 3(2) —
a
the definitions of “partially smooth waters” and “smooth waters” shall be omitted.
b
the following definition shall be inserted in the appropriate alphabetical order —
“Category A, B, C and D waters” means the waters specified as such in Merchant Shipping Notice 1504; and cognate expressions shall be construed accordingly.
;
c
for the definition of “Sea” there shall be substituted the following:
“Sea” does not include any waters of Category A, B, C or D;
6
In regulation 5, for the words “every ship to which this Part of these Regulations apply, not being an open or partially decked ship of Class V or a ship of Class VI carrying less than 101 passengers or a ship of Class VI(A)” there shall be substituted the words “ships of Classes I, II and II(A).”.
7
In each regulations 8(1), 9A(3), 9A(4), 14(1), 14(6), 15(1), 15(7), 16(7)(a), 19(3)(a), 19(3)(b) for “of Class I, II and II(A)” there shall be substituted “to which this Part of the Regulations applies”.
8
In each of regulations 9A(3), 9F(1), 9G, 9H, 16(1), 16(4), 16(5), 17(1) for “of Class I, II or II(A)” there shall be substituted “to which this Part of the Regulations applies”.
9
In regulation 9A (3) the words “and every ro/ro ship of Class IV” shall be omitted.
10
In regulation 9A (4) the words “and every ro/ro ship of Class IV” shall be omitted.
11
In regulation 9B for the words “9L apply to United Kingdom ships of Classes I, II, II(A) and to United Kingdom ro/ro ships of Class IV” there shall be substituted “9I apply to every ship to which this Part of the Regulations apply”.
12
In regulation 9E (2) the words “, or in the case of Class IV ships in a book retained on board for that purpose” shall be omitted.
13
In regulation 9G the words “, or a ro/ro ship of Class IV to which regulation 9L applies,” and the words “, or in the case of Class IV ships in a book retained on board for that purpose” shall be omitted.
14
In regulation 9H the words “or a ro/ro ship of Class IV to which regulation 9L applies,” shall be omitted.
15
The title “ Approval of loading conditions for Class IV ships ”and regulation 9J shall be omitted.
16
The title “ Loading of Class IV ships in accordance with approved conditions ” and regulation 9K shall be omitted.
17
The title “ Class IV ships which are not loaded in accordance with approved loading conditions ” and regulation 9L shall be omitted.
18
Regulation 14(7) shall be omitted.
19
In regulation 19(3)(b) for “of Classes I, II and III ” there shall be substituted “to which this Part of the Regulations applies”.
20
Regulation 19(3)(d) shall be omitted.
21
In regulation 19(5)(g) the words “and III” shall be omitted.
22
Regulation 19(6) shall be omitted.
23
In regulation 23(2) for the words “Classes II(A) and VI inclusive” there shall be substituted the words “Class II(A)”.
24
For regulation 25 there shall be substituted —
1
This Part of these Regulations applies to every ship of Classes III to VI(A).
2
For the purpose of this Part of these Regulations “subdivided ship” means to ship which has a factor of subdivision of Unity or 0.5, and “every other ship” means a ship which has an entry “Heeling Test” or “Buoyancy Test” in column 4 of the table at paragraph 12 of Part IV of Schedule 1.
.
25
The following regulations shall be added after regulation 25 —
25A
1
Regulations 7, 12, 13, 19, 20, 21, 22 and 24 of these Regulations shall apply to ships to which this Part of these Regulations applies.
2
Regulations 10 and 11 of these Regulations shall apply to subdivided ships to which this Part of these Regulations apply.
3
Regulation 23 of these Regulations shall apply to subdivided ships to which this Part of these Regulations applies, as it applies to ships of Class II(A).
Openings in watertight bulkheads etc.
25B
In every ship bulkheads required by these Regulations to be watertight shall not be pierced by doorways, ventilation trunks or other similar openings, unless such openings are essential for the proper working of the ship and do not impair the ship’s survivability standard.
.
26
For the title “Stability Information” and regulation 26 there shall be substituted the following —
Standard of survivability
26
1
Every ship shall comply with a standard of survivability in accordance with column 4 of the table at paragraph 12 of Part IV of Schedule 1, appropriate to a ship falling within columns 1 to 3.
2
Every subdivided ship shall be subdivided by bulkheads, which shall be watertight up to the bulkhead deck, into compartments the maximum length of which shall be calculated in accordance with paragraph 10 of Part IV of Schedule 1 to these Regulations. Every other portion of the internal structure which affects the efficiency of the subdivision of the ship shall be watertight, and shall be of a design which will maintain the integrity of the subdivision. For subdivided ships, paragraph 11 of Part IV of Schedule 1 shall also apply.
.
27
For regulation 27(1) and (2) the following shall be substituted —
27
1
a
In every ship no side scuttle shall be fitted below the margin line such that its sill will be below a line drawn parallel to the freeboard deck at its side and which has its lower point at a distance of either —
i
2.5 per cent of the breadth of the ship above the summer load waterline; or
ii
500 millimetres above the full load waterline;
whichever is the greater.
2
a
Every such side scuttle in ships of Class III shall be of a non-opening type or of an opening type fitted with locking arrangements approved by the Secretary of State and shall be fitted with efficient hinged deadlights permanently attached so that it can be readily and effectively closed and secured watertight.
b
Every such side scuttle in ships of Classes IV to VI(A) shall be of a non-opening type and shall be fitted with efficient hinged deadlights perma-nently attached so that it can be readily and effectively closed and secured watertight.
3
Discharge pipes led through the shell below the margin line of any ship of Class III shall not be fitted in a direct line between the outboard opening and the connection with a deck, water closet or other similar fitting, but shall be arranged with bends or elbows of substantial metal other than cast iron or lead.
.
28
The following regulations shall be added after the new regulation 27 —
Inclining and stability information
27A
1
This regulation applies to every passenger ship to which this Part of these Regulations applies.
2
Every subdivided ship shall be inclined and the elements of her stability determined and every other ship shall undergo the heeling test or buoyancy tests specified in Schedules 5 and 6 to these Regulations respectively. The master shall be supplied by the owner with reliable information relating to the stability of the ship in accordance with the following provisions of this Regulation. The information relating to stability shall, before issue to the master, be submitted to the Secretary of State for approval, together with a copy thereof for his retention and shall incorporate such additions and amendments as the Secretary of State may in any particular case require.
3
Every subdivided ship shall undergo a lightweight survey, to determine the ship’s lightship displacement and longitudinal position of its centre of gravity, and every other ship shall undergo the heeling test or buoyancy tests specified in Schedules 5 and 6 to these Regulations, by the date these Regulations come into force with respect to that ship, unless it has been so inclined or tested in the previous 5 years. Every such lightweight survey or tests shall be subject to the conditions specified in paragraph (4) of this Regulation.
4
Every subdivided ship shall undergo a lightweight survey, to verify any changes in lightship displacement and longitudinal position of its centre of gravity, and every other ship shall undergo the heeling test or buoyancy tests specified in Schedules 5 and 6 of these Regulations respectively, to verify any changes in the heeling and buoyancy characteristics, in each period of five years. Such periods shall commence on the date of issue of a Passenger Certificate subsequent to a previous inclining or lightweight survey, whichever date is the earliest. The ship shall be re-inclined whenever, in comparison with the ship’s approved stability information derived from the previous inclining experiment, a deviation from the lightship displacement exceeding 2% or a deviation of the longitudinal centre of gravity exceeding 1percnt; of the ship’s length is found or anticipated. Every inclining or lightweight survey or tests made for this purpose or for the purpose of paragraph (3) of this regulation shall be carried out in the presence of a Department of Transport Surveyor. The interval between lightweight surveys or tests of any such ship may be extended by the Secretary of State for a period of not more than one year if he is satisfied, on the production to him of relevant information about the ship, that the lightweight survey or test is not necessary at the required interval.
5
A report of each inclining or lightweight survey or test carried out in accordance with paragraphs (3) and (4) of this regulation and of the calculation therefrom of the lightship condition, or heeling or buoyancy particulars, as applicable shall be submitted to the Secretary of State for approval, together with a copy for his retention. The approved report shall be placed on board the ship by the owner in the custody of the master and shall incorporate such additions and amendments as the Secretary of State may in any particular case require. The amended lightship condition or heeling or buoyancy particulars so obtained from time to time shall be used by the master in substitution for such previously approved particulars when calculating the ship’s stability.
6
Following any inclining or lightweight survey or test carried out in accordance with the requirements of paragraphs (3) and (4) of this regulation on the basis of which the elements of the ship’s stability have been determined the master shall be supplied by the owner with amended stability information if the Secretary of State so requires. The information so supplied shall be submitted to the Secretary of State for approval, together with a copy thereof for his retention and shall incorporate such additions and amendments as the Secretary of State may in any particular case require.
7
Where any alterations are made to a ship so as materially to affect the stability information supplied to the master, amended stability information shall be provided. The ship shall be re-inclined or tested if the Secretary of State so requires.
8
Stability information provided pursuant to paragraphs (2), (5), (6) and (7) of this regulation shall be furnished in the form of a book (“the stability information book”) which shall be kept on board the ship at all times in the custody of the master. The information shall include particulars appropriate to the ship in respect of the matters specified in Schedule 2 to these Regulations and shall be in the form set out in that Schedule.
9
Every ship shall have a scale of draughts marked clearly at the bow and stern.
Loading and stability assessment
27B
Regulations 27C to 27L apply to ro/ro passenger ships of Classes IV and V including every ship in respect of which there is in force a Passenger Certificate appropriate to a ship of any of those classes even when it is for the time being engaged on voyages for which a Class III, VI or VI(A) Passenger Certificate is appropriate.
Information on stability during loading
27C
1
The owner of every ship to which this regulation applies shall ensure that the master is provided with information relating to its stability during the process of loading and unloading. This information shall be included in the ship’s stability information book.
2
Where any alterations are made or changes occur to the ship so as materially to affect the information supplied to the master in accordance with paragraph (1) of this regulation, amended information shall be provided.
3
The information provided pursuant to paragraphs (1) and (2) of this regulation shall be kept on board the ship at all times in the custody of the master.
Stability and freeboard during loading and unloading
27D
The master shall use the information provided in accordance with regulation 27C and, when necessary, make calculations or cause calculations to be made in order to ensure that the process of loading and unloading is carried out safely; in particular, he shall ensure that —
a
the ship has adequate stability; and
b
the freeboard at any door giving access to the hull or to an enclosed superstructure is sufficient to prevent the entry of water.
Recording of draught, trim and freeboard prior to departure
27E
1
On completion of the loading of a ro/ro passenger ship of Classes IV or V and before it proceeds on a voyage, the master or an officer appointed for the purpose by the master shall ascertain —
a
the ship’s draught at the bow and at the stern;
b
the trim of the ship by the bow or the stern; and
c
the vertical distance from the waterline to the appropriate subdivision load line mark on each side of the ship.
2
The draughts, trim and the vertical distances ascertained in accordance with paragraph (1) of this Regulation shall be recorded by the master or such officer, as the case may be, in a book retained on board for that purpose.
Permissible standard of stability to be recorded
27F
Before a ro/ro passenger ship of Class IV or V to which regulation 27J applies proceeds on a voyage, the master shall cause the maximum permissible KG, or the minimum permissible GM, whichever is appropriate to the ship, to be determined and recorded in a book retained on board for that purpose.
Condition of loading prior to departure to be satisfactory
27G
Before a ro/ro ship of Class IV or V to which regulation 27J applies, proceeds on a voyage, the master shall ensure that the condition of loading of the ship as recorded in accordance with regulation 27F is within the permissible standard of stability determined in accordance with regulation 27E(2) and satisfies all the relevant requirements prescribed in the stability information book.
Approval of loading conditions for Classes IV and V ships
27H
1
Where a ro/ro passenger ship of Class IV or V plies regularly to and from the same place, in conditions of loading which correspond closely to conditions of loading which are clearly specified in the stability information book, the owner may apply to the Secretary of State for approval of the adoption of the conditions so specified for the purposes of loading in accordance with this regulation.
2
The Secretary of State may, subject to such conditions as he thinks fit, approve the conditions of loading so specified for the purposes of this Regulation, if he is satisfied that each such specified condition of loading allows a sufficient margin of stability beyond the minimum required for safety purposes, to allow for small variations which might occur between a specified condition of loading and the actual loading of the ship.
Loading of Classes IV and V ships in accordance with approved conditions
27I
1
The master of a ro/ro ship of Class IV or V in respect of which the Secretary of State has approved conditions of loading in accordance with regulation 27H(2) of Part II shall, before the ship proceeds on a voyage —
a
ensure that the actual condition of loading of the ship corresponds closely to one of the specified conditions of loading so approved; and
b
record the specified condition of loading so approved to which the actual condition of loading corresponds, in a book specially retained on board for that purpose.
2
A copy of the information required by paragraph (1)(b) of this regulation shall be forwarded, as soon as is practicable, to a person nominated by the owner as being responsible, and retained in his custody for a period of at least one calendar month.
Class IV or V ships which are not loaded in accordance with approved loading conditions
27J
Where ro/ro ships of Class IV or V are not loaded in a manner corresponding to specified conditions of loading which have been approved in accordance with regulation 27I, the requirements of regulation 9F above, as it applies in the case of ships of Classes II and II(A) and 27F and 27G shall apply, except that a copy of the record of the stability calculation shall be retained ashore, by a person nominated by the owner as being responsible, for a period of not less than one calendar month.
Freeboard marking
27K
Ships to which this Part of these Regulations apply and which are not required to be subdivided, shall be marked on each side amidships with the freeboard assigned in accordance with Schedule 5(2) to these Regulations. The mark shall consist of a horizontal line 25 millimetres in breadth and 305 millimetres in length. The colour and method of marking shall be in accordance with regulation 23(1).
.
29
a
Regulation 29 shall be renumbered 29(1) and for the words from “Except in the case” to “point, every” there shall be substituted the word “Every”.
b
A new paragraph shall be added after 29(1) —
2
Sanitary, ballast and general service pumps having a capacity in accordance with regulation 33(3) may be regarded as independent power pumps if fitted with the necessary connections to the bilge system.
.
30
For regulation 31 there shall be substituted —
31
1
Every ship of Class II(A) and III shall be provided with bilge pumps in accordance with the following table:
Number of Passenger ship is certified to carry Number of Pumps Main engine pump Independent power pump Emergency bilge pump Hand pump
*
The main engine pump may be replaced by one independent power pump.
†
The hand pumps specified in this column may be replaced by an independent pump.
Up to 50 1 — — One for each compartment Over 50 up to 250 1 1 — One for each compartment Over 250 1 1 1 —
2
To every such ship for which an emergency bilge pump is specified, or in which a hand pump is replaced by an independent pump regulation 30(2) of these Regulations shall apply as it applies to ships of Classes I and II.
.
31
For regulation 32 there shall be substituted —
32
1
Every ship of Classes IV, V, VI and VI(A) shall be provided with bilge pumps and means of bailing in accordance with the following table:
CLASS IV CLASS V CLASS VI CLASS VI(A) AREA OF OPERATION SHIPS OPERATING IN CATEGORY 'D' WATERS SHIPS OPERATING IN CATEGORY 'A' WATERS SHIPS OPERATING IN CATEGORY 'B' WATERS SHIPS OPERATING IN CATEGORY 'C' WATERS AT SEA, OR IN CATEGORY A, B, C AND D <10 MILE VOYAGE <1 MILE FROM LAND <15 MILE VOYAGE <3 MILE FROM LAND TO ISOLATED COMMUNITIES <6 MILE VOYAGE <3 MILE FROM LAND NUMBER OF PASSENGERS SHIP IS CERTIFIED TO CARRY ≤50 >50 ≤250 >250 ≤50 >50 ≤250 >250 ≤50 >50 ≤250 >250 ≤50 >50 ≤250 >250 ≤50 >50 ≤250 >250 ≤50 >50 ≤250 >250 ≤50 >50 ≤250 >250 ≤100 ≤250 ≤50 TYPE OF SHIP OTHER THAN OPEN OPEN OTHER THAN OPEN OPEN OTHER THAN OPEN OPEN OTHER THAN OPEN OPEN OTHER THAN OPEN OPEN OTHER THAN OPEN
*
The additional independent power pump and the hand pumps specified may be replaced by an independently powered pump providing regulation 30(2) of these Regulations shall apply to such a ship as it applies to ships of Class I and II.
POWER BILGE PUMP, MAY BE ENGINE DRIVEN 1 1 1 — — 1 — 1 1 — 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INDEPENDENT POWER PUMP — 1 1 — — — — — — — — — — — — — — — — — — — 1 — HAND PUMPS SERVING ALL COMPARTMENTS, EACH HAND PUMP SERVING NOT MORE THAN TWO ADJACENT COMPARTMENTS ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 2 BAILERS OR 1 BUCKET AND 1 BAILER — — — ✓ ✓ ✓ — — — ✓ — — — — — ✓ ✓ ✓ — — — ✓ — ✓ —
.
32
In regulation 33(2) the words qf“of the lever type” shall be omitted.
33
In regulation 33(6) the words “, if any” to “flooding conditions” shall be omitted.
34
In regulation 36(1) for the words “Part II” there shall be substituted the words “Part II or Part IIA”.
35
In regulation 37(1) for the words “Part II” there shall be substituted the words “Part II or IIA” and for the words “of under 30.5 metres in length provided with a hand pump of the lever type” there shall be substituted the words “carrying less than 250 passengers provided with a hand pump”.
36
In regulation 128(1) the words “or partially decked” shall be omitted.
37
For regulation 128(3) and (4) there shall be substituted the following —
3
Every ship of Class III to VI(A) inclusive which is not an open ship shall be provided with adequate arrangements to enable passengers readily to evacuate the ship in the event of an emergency situation arising. On every deck there shall be at least two means of escape from each public space or main compartment, one of which shall lead to an open deck area which shall be of sufficient area, having regard to the number of persons which the ship may carry. Such means of escape shall be as widely separated as practicable. Adequate overside means of escape shall be provided by way of escape windows or doors on each side of the vessel. At least two such escapes shall be available on each side of the vessel on each deck and shall be capable of being opened from either side. Where overside means of escape do not open onto deck walkways suitable toe and hand rails shall be provided on the outside of the vessel to permit fore and aft movement. Adequate open deck areas shall be provided close to stowage positions for life-saving appliances. Loose furniture which could cause escape routes to become hazardous shall be securely fastened to the deck.
4
Where any of the escapes referred to in regulation 128(3) are stairways, they shall provide for safe escape for the number of persons by whom they will be used having regard to the number, width, continuity and accessibility of other escape ways. The minimum clear width of such stairways shall be not less than 50 mm for every 5 persons by whom they will be used or 750 mm whichever is the greater, except that where a minimum clear width of 750 mm is not practicable a clear width of not less than 600 mm is permitted having regard to the number of persons who will use the stairway. Stairways shall, where practicable, be arranged in the fore and aft direction and at an inclination of not less than 45 degress to the vertical.
.
38
Regulation 128(5) shall be renumbered 128(5)(a) and the following shall be added —
b
In every ship of Classes III to VI(A) inclusive where appropriate the means of escape shall be provided with either
i
inherently luminous escape signs, or
ii
electrically powered signs or lighting which is supplied by a battery or batteries which are continuously charged in normal service.
.
39
In regulation 129(2) the words “or partially decked” shall be omitted.
40
In regulation 131(2)(a) the words “or partially decked” shall be omitted.
41
For regulation 131(2)(e) and (f) shall be substituted the following: —
e
Every ship of Class III to VI(A) inclusive which is not an open ship shall be provided with adequate arrangements to enable passengers readily to evacuate the ship in the event of an emergency situation arising. On every deck there shall be at least two means of escape from each public space or main compartment, one of which shall lead to an open deck area which should be of sufficient area, having regard to the number of persons which the ship may carry. Such means of escape shall be as widely separated as practicable. Adequate overside means of escape shall be provided by way of escape windows or doors on each side of the vessel. At least two such escapes shall be available on each side of the vessel on each deck and shall be capable of being opened from either side. Where overside means of escape do not open onto deck walkways suitable toe and hand rails shall be provided on the outside of the vessel to permit fore and aft movement. Adequate open deck areas shall be provided close to stowage positions for life-saving appliances. Loose furniture which could cause escape routes to become hazardous shall be securely fastened to the deck.
f
Where any of the escapes referred to in regulation 131(2)(e) are stairways, they shall provide for safe escape for the number of persons by whom they will be used having regard to the number, width, continuity and accessibility of other escape ways. The minimum clear width of such stairways shall be not less than 50 mm for every 5 persons by whom they will be used or 750 mm whichever is the greater, except that where a minimum clear width of 750 mm is not practicable a clear width of not less than 600 mm is permitted having regard to the number of persons who will use the stairway. Stairways shall, where practicable, be arranged in the fore and aft direction and at an inclination of not less than 45 degrees to the vertical.
.
42
Regulation 131(h) shall be renumbered 131(h)(i) and the following shall be added —
ii
In every ship of Classes III to VI(A) inclusive where appropriate, the means of escape shall be provided with either —
a
inherently luminous escape signs, or
b
electrically powered signs or lighting which is supplied by a battery or batteries which are continuously charged in normal service.
.
43
Regulation 132 shall be renumbered 132(1) and a new paragraph shall be inserted after 132(1) —
2
For the purposes of these Regulations, the results of verifications and tests carried out by the bodies and laboratories of other member States offering suitable and satisfactory guarantees of technical and professional competence and independ-ence shall be accepted.
.
44
In regulation 133(1) for “9L” there shall be subsituted “9I and 27C to 27J”.
45
In regulation 133(2) for the words “or 9I” there shall be substituted “, 9I, 27C(1), 27C(2)” and for the words “9K(1) or 9L” there shall be substituted “9H, 27D, 27E, 27F, 27G, 27I(1), or 27J”.
46
In regulation 133 (4) the words “or 27I(1)” shall be inserted after 9E(1).
47
In regulation 133(5) for “9K(2)” there shall be substituted “27I(2)”.
48
In the title of Schedule 1 Part IV for “VI” there shall be substituted “VI(A)”.
49
For paragraph 12 of Part IV of Schedule 1 shall be substituted the following —
Standard of survivability
12
The minimum standard of survivability of ships to which this Part of this Schedule applies shall be as follows:
STANDARD OF SURVIVABILITY FOR SHIPS BUILT BEFORE 31ST OCTOBER 1992
1 2 3 4 5 Class Number of passengers ship is certified to carry Operating area Standard of survivability Lifesaving appliances requirements
†
A reference to a regulation is a reference to that regulation in the Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 1992
1
III
up to 250 As specified in regulation 3(1) of these Regulations Unity factor of subdivision Lifesaving Appliances in accordance with regulation 5(2)(iii)
2
III
over 250 As specified in regulation 3(1) of these Regulations 0.5 factor of subdivision Lifesaving Appliances in accordance with regulation 5(2)(iv)
3
III
over 250 As specified in regulation 3(1) of these Regulations Unity factor of subdivision Lifesaving Appliances in accordance with regulation 5(2)(v)
4
IV
up to 250 Category D waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 6(2)(iii)
5
IV
over 250 Category D waters 0.5 factor of subdivision Lifesaving Appliances in accordance with regulations 6(2)(iv)
6
IV
over 250 Category D waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 6(2)(v)
7
V
Any number Category A waters Heeling test in accordance with Schedule 5 Lifesaving Appliances in accordance with regulation 7(2)
8
V
up to 50 Category B waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(3)(a)(v)
9
V
up to 50 Category B waters Buoyancy test in accordance with Schedule 6 Lifesaving Appliances in accordance with regulation 7(3)(a)(vi)
10
V
up to 50 Category B waters Heeling test in accordance with Schedule 5 Lifesaving Appliances in accordance with regulation 7(3)(a)(vii)
11
V
up to 250 Category B waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(3)(a)(viii)
12
V
up to 250 Category B waters Buoyancy test in accordance with Schedule 6 Lifesaving Appliances in accordance with regulation 7(3)(a)(ix)
13
V
up to 250 Category B waters Heeling test in accordance with Schedule 5 Lifesaving Appliances in accordance with regulation 7(3)(a)(x)
14
V
over 250 Category B waters 0.5 factor of subdivision Lifesaving Appliances in accordance with regulation 7(3)(a)(xi)
15
V
over 250 Category B waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(3)(a)(xii)
16
V
over 250 Category B waters Buoyancy test in accordance with Schedule 6 Lifesaving Appliances in accordance with regulation 7(3)(a)(xiii)
17
V
up to 50 Category C waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(4)(a)(v)
18
V
up to 50 Category C waters Buoyancy test in accordance with Schedule 6 Lifesaving Appliances in accordance with regulation 7(4)(a)(vi)
19
V
up to 50 Category C waters Heeling test in accordance withSchedule 5 Lifesaving Appliances in accordance with regulation 7(4)(a)(vii)
20
V
up to 250 Category C waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(4)(a)(viii)
21
V
up to 250 Category C waters Buoyancy test in accordance with Schedule 6 Lifesaving Appliances in accordance with regulation 7(4)(a)(ix)
22
V
up to 250 Category C waters Heeling test in accordance with Schedule 5 Lifesaving Appliances in accordance with regulation 7(4)(a)(x)
23
V
over 250 Category C waters 0.5 factor of subdivision Lifesaving Appliances in accordance with regulation 7(4)(a)(xi)
24
V
over 250 Category C waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(4)(a)(xii)
25
V
over 250 Category C waters Buoyancy test in accordance with Schedule 6 Lifesaving Appliances in accordance with regulation 7(4)(a)(xiii)
26
VI
up to 100 As specified in regulation 3(1) with the exception for 15 miles and 3 miles, 10 miles and 1 mile shall be inserted respectively Buoyancy test in accordance with Schedule 6 for open ships or Unity factor of subdivision for all other ships Lifesaving Appliances in accordance with regulation 8(2)(a)(iii)
27
VI
up to 100 As specified in regulation 3(1) with the exception for 15 miles and 3 miles, 10 miles and 1 mile shall be inserted respectively Heeling test in accordance with Schedule 5 Lifesaving Appliances in accordance with regulation 8(2)(a)(iv)
28
VI
up to 250 As specified in regulation 3(1) with the exception for 15 miles and 3 miles, 10 miles and 1 mile shall be inserted respectively Buoyancy test in accordance with Schedule 6 for open ships or Unity factor of subdivision for all other ships Lifesaving Appliances in accordance with regulation 8(2)(a)(v)
29
VI
up to 250 As specified in regulation 3(1) of these Regulations Buoyancy test in accordance with Schedule 6 for open ships or Unity factor of subdivision for all other ships Lifesaving Appliances in accordance with regulation 8(3)(a)(ii)
30
VI
up to 250 As specified in regulation 3(1) of these Regulations Heeling test in accordance with Schedule 5 Lifesaving Appliances in accordance with regulation 8(3)(a)(iii)
31
VI(A)
up to 50 As specified in regulation 3(1) of these Regulations Unity factor of subdivision Lifesaving Appliances in accordance with regulation 9(2)(a)(ii)
32
VI(A)
up to 50 As specified in regulation 3(1) of these Regulations Buoyancy test in accordance with Schedule 6 for open ships Lifesaving Appliances in accordance with regulation 9(2)(a)(iii)
.
50
In Schedule 3 paragraph 1, after “Part II” in the first line, the words “and Part IIA as applicable” shall be inserted.
51
In Schedule 4 Part III in the title for “VI” there shall be substituted “VI(A)”.
52
In Schedule 4 Part III paragraph 9 for “VI” there shall be substituted “VI(A)”.
53
The following shall be added after Schedule 4 —
SCHEDULE 5
HEELING TEST
Paragraph 12 Schedule 1
1
Every ship required to comply with heeling test survivability standard, referred to in the table at paragraph 12 of Part IV of Schedule 1, will be required to have its angle of heel determined. Such angle will be calculated with two thirds of the passengers on one side of the ship and one third on the other side, and shall not exceed seven degrees.
2
The freeboard at the lowest point of the gunwale, with the ship loaded with weights representing the full number of passengers and crew at 75 kg for each person and the fuel and fresh water tanks 95% full, shall be not less than 380mm for ships of 6.0m in length and 760mm for ships of 18.3m in length or over. For length between 6.0m and 18.3m the freeboard shall be calculated by interpolation.
3
Where it is not possible, due to the design or operating conditions or both of a particular ship, for the above criteria to apply, alternative criteria, which provide a standard of stability at least as effective as that specified in paragraph (1) of this Schedule, shall be applied.
SCHEDULE 6
BUOYANCY TEST
Paragraph 12 Schedule 1
Every ship required to comply with the buoyancy test survivability standard, referred to in the table at paragraph 12 of Part IV of Schedule 1, will be required to comply with the following requirements —
1
the requirements of Schedule 5;
2
the ship loaded so that its subdivision mark is not submerged shall have sufficient buoyancy to be able to remain afloat and near upright when totally flooded. The ship shall be deemed to have sufficient buoyancy when detailed calculations are presented and confirmed as follows —
a
in the case of ships for which hull form lines are not available, it will be sufficient to show that the total buoyancy is equal to
Length × Breadth × Draught × 0.7 (cubic metres)
the above measurements being taken, at the waterline corresponding to the full load mark;
b
in the case of ships for which hull form lines are available, it will be sufficient to show that the total buoyancy is equal to
Displacement × 1.1 (cubic metres)
the displacement being calculated as that corresponding to the full load mark; and
3
The devices used to guarantee the buoyancy of the vessel in the event of damage shall —
i
be protected against accidental deterioration or damage,
ii
be installed in such a way as to offer maximum stability as far as practicable whilst the ship is in intact or damaged state.
.
PART II
AMENDMENTS TO 1984 REGULATIONS
3
The Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984 shall be amended as follows —
1
In regulation 1(2) the following definitions shall be inserted in the appropriate alphabetial order —
“Buoyancy test” means a test carried out in accordance with Schedule 8 to these Regulations;
“Heeling test” means a test carried out in accordance with Schedule 7 to these Regulations;
“Open ship” means a ship in which all the passenger accommodation is completely open to the elements and is not fitted with a weathertight or watertight deck or structure above the waterline;
“Post October 1992 ship”means a passenger ship the keel of which is laid, or which is at a similar stage of construction, on or after 31st October 1992, or a cargo ship which is converted to a passenger ship on or after that date.
.
2
In regulation 1(3)(a) for “9L” there shall be substituted “9I”.
3
In regulation 3(1) —
a
in the definition of “Class IV” for the words “partially smooth waters, or voyages in smooth and partially smooth waters” there shall be substituted the words “Category A, B, C, and D waters”;
b
in the definition of “Class V” for the words “smooth waters” there shall be substituted the words “Category A, B and C waters”;
c
in the definition of “Class VI” —
i
the words “smooth or in partially smooth waters” shall be replaced by the words “Category A, B, C and D waters”; and
ii
the words, where they secondly appear, “smooth waters” shall be replaced by the words “Category A, B and C waters”.
4
In regulation 3(2) —
a
the definitions of “partially smooth waters” and “smooth waters” shall be omitted;
b
the following definition shall be inserted in the appropriate alphabetical order —
“Category A, B, C and D waters” means the waters specified as such in Merchant Shipping Notice 1504; and cognate expressions shall be construed accordingly.
;
c
for the definition of “Sea” there shall be substituted the following —
“Sea” does not include any waters of Category A, B, C or D;
.
5
In regulation 5 for the words “every ship not being an open or partially decked ship of Class V or a ship of Class VI carrying less than 101 passengers or a ship of Class VI(A)” there shall be substituted the words “ships of Classes I, II and II(A)”.
6
In each of regulations 8(1), 9A(4), 14(1), 15(1), and 16(3)(a), for “of Classes I, II and II(A)” there shall be substituted “to which this Part of the Regulations applies”.
7
In each of regulations 9A(3), 9F(1), 9G, 9H, 16(1) and 17(1), for “of Class I, II or II(A)” there shall be substituted “to which this Part of the Regulations applies”.
8
In regulation 9A(3) the words “and every ro/ro ship of Class IV” shall be omitted.
9
In regulation 9A(4) the words “and every ro/ro ship of Class IV” shall be omitted.
10
In regulation 9B for “9L apply to United Kingdom ships of Classes I, II, II(A) and to United Kingdom ro/ro ships of Class IV” there shall be substituted “9I apply to every ship to which this Part of these Regulations applies”.
11
In regulation 9E(2) the words “, or in the case of Class IV ships in a book retained on board for that purpose” shall be omitted.
12
In regulation 9G the words “, or a ro/ro ship of Class IV to which regulation 9L applies,” and “, or in the case of Class IV ships in a book retained on board for that purpose” shall be omitted.
13
In regulation 9H the words “or a ro/ro ship of Class IV to which regulation 9L applies,” shall be omitted.
14
The title “ Approval of loading conditions for Class IV ships ” and regulation 9J shall be omitted.
15
The title “ Loading of Class IV ships in accordance with approved conditions ” and regulation 9K shall be omitted.
16
The title “ Class IV ships which are not loaded in accordance with approved loading conditions ” and regulation 9L shall be omitted.
17
Regulation 14(6) shall be omitted.
18
Regulation 15A(14) shall be omitted.
19
In regulation 20(3)(b) the words “of Classes I, II, II(A) and III” shall be omitted.
20
Regulation 20(3)(c) shall be omitted.
21
In regulation 20(4)(h) for the words “of Classes I, II, II(A) and III” there shall be substituted “to which this Part of these Regulations applies”.
22
Regulation 20(5) shall be omitted.
23
In regulation 25(2) the words “to VI inclusive” shall be omitted.
24
For regulation 27 there shall be substituted —
27
1
This Part of these Regulations applies to every ship of Classes III to VI(A).
2
For the purpose of this Part of these Regulations “subdivided ship” means a ship which has a factor of subdivision of Unity or 0.5, and “every other ship” means a ship which has an entry “Heeling Test” or “Buoyancy Test” in column 4 of tables 1 and 2 at paragraph 12 of Part IV of Schedule 1.
.
25
The following regulations shall be added after regulation 27 —
27A
1
Regulations 7, 12, 13, 19, 20, 21, 22 and 24 of these Regulations shall apply to ships to which this Part of these Regulations applies.
2
Regulations 10, 11A and 11B of these Regulations shall apply to subdivided ships to which this Part of these Regulations apply.
3
Regulation 23 of these Regulations shall apply to subdivided ships to which this Part of these Regulations applies, as it applies to ships of Class II(A).
Openings in watertight bulkheads etc.
27B
In every ship bulkheads required by these Regulations to be watertight shall not be pierced by doorways, ventilation trunks or other similar openings, unless such openings are essential for the proper working of the ship and do not impair the ship’s survivability standard.
.
26
For the title “Stability Information” and regulation 28 there shall be substituted —
Standard of survivability
28
1
Every ship shall comply with a standard of survivability in accordance with column 4 of table 1 or table 2 at paragraph 12 of Part IV of Schedule 1, appropriate to a ship falling within columns 1 to 3.
2
Every subdivided ship shall be subdivided by bulkheads, which shall be watertight up to the bulkhead deck, into compartments the maximum length of which shall be calculated in accordance with paragraph 10 of Part IV of Schedule 1 to these Regulations. Every other portion of the internal structure which affects the efficiency of the subdivision of the ship shall be watertight, and shall be of a design which will maintain the integrity of the subdivision. For subdivided ships, paragraph 11 of Part IV of Schedule 1 shall also apply.
.
27
For regulations 29(1) and (2) shall be substituted —
29
1
a
Subject to (b) below in every ship no side scuttle shall be fitted below the margin line such that its sill will be below a line drawn parallel to the freeboard deck at its side and which has its lower point at a distance of either —
i
2.5 per cent of the breadth of the ship above the summer load waterline; or
ii
500 millimetres above the full load waterline;
whichever is the greater.
b
In every ship of Classes IV, V and VI no side scuttle shall be fitted such that its sill will be below a line drawn parallel to the bulkhead deck at its side and which has its lowest point at a distance of 150 millimetres above the full load waterline.
c
Every such side scuttle shall be of a non-opening type and shall be fitted with efficient hinged deadlights permanently attached so that it can be readily and effectively closed and secured watertight.
2
Discharge pipes led through the shell below the margin line of any ship of Class III shall not be fitted in a direct line between the outboard opening and the connection with a deck, water closet or other similar fitting, but shall be arranged with bends or elbows of substantial metal other than cast iron or lead.
.
28
The following regulations shall be added after the new regulation 29 —
Inclining and stability information
29A
1
This regulation applies to every passenger ship to which this Part of these Regulations applies.
2
Every subdivided ship shall be inclined and the elements of her stability determined and every other ship shall undergo the heeling test or buoyancy tests specified in Schedules 7 and 8 to these Regulations respectively. The master shall be supplied by the owner with reliable information relating to the stability of the ship in accordance with the following provisions of this Regulation. The information relating to stability shall, before issue to the master, be submitted to the Secretary of State for approval, together with a copy there of for his retention and shall incorporate such additions and amendments as the Secretary of State may in any particular case require.
3
Every subdivided ship shall undergo a lightweight survey, to determine the ship’s lightship displacement and longitudinal position of its centre of gravity, and every other ship shall undergo the heeling test or buoyancy tests specified in Schedules 7 and 8 to these Regulations, by the date these Regulations come into force with respect to that ship, unless it has been so inclined or tested in the previous 5 years. Every such lightweight survey or tests shall be subject to the conditions specified in paragraph (4) of this regulation.
4
Every subdivided ship shall undergo a lightweight survey, to verify any changes in lightship displacement and longitudinal position of its centre of gravity, and every other ship shall undergo the heeling test or buoyancy tests specified in Schedules 7 and 8 to these Regulations respectively, to verify any changes in the heeling and buoyancy characteristics, in each period of five years. Such periods shall commence on the date of issue of either a Passenger Certificate subsequent to a previous inclining or lightweight survey, whichever date is the earliest. The ship shall be re-inclined whenever, in comparison with the ship’s approved stability information derived from the previous inclining experiment, a deviation from the lightship displacement exceeding 2% or a deviation of the longitudinal centre of gravity exceeding 1% of the ship’s length is found or anticipated. Every inclining or lightweight survey or tests made for this purpose or for the purpose of paragraph (3) of this regulation shall be carried out in the presence of a Department of Transport Surveyor. The interval between lightweight surveys or tests of any such ship may be extended by the Secretary of State for a period of not more than one year if he is satisfied, on the production to him of relevant information about the ship, that the lightweight survey or test is not necessary at the required interval.
5
A report of each inclining or lightweight survey or test carried out in accordance with paragraphs (4) and (5) of this regulation and of the calculation therefrom of the lightship condition, or heeling or buoyancy particulars, as applicable shall be submitted to the Secretary of State for approval, together with a copy for his retention. The approved report shall be placed on board the ship by the owner in the custody of the master and shall incorporate such additions and amendments as the Secretary of State may in any particular case require. The amended lightship condition or heeling or buoyancy particulars so obtained from time to time, shall be used by the master in substitution for such previously approved particulars when calculating the ship’s stability.
6
Following any inclining or lightweight survey or test carried out in accordance with the requirements of paragraphs (3) and (4) of this regulation on the basis of which the elements of the ship’s stability have been determined, the master shall be supplied by the owner with amended stability information if the Secretary of State so requires. The information so supplied shall be submitted to the Secretary of State for approval, together with a copy thereof for his retention and shall incorporate such additions and amendments as the Secretary of State may in any particular case require.
7
Where any alterations are made to a ship so as materially to affect the stability information supplied to the master, amended stability information shall be provided. The ship shall be re-inclined or tested if the Secretary of State so requires.
8
Stability information provided pursuant to paragraphs (2), (5), (6) and (7) of this regulation shall be furnished in the form of a book (“the stability information book”) which shall be kept on board the ship at all times in the custody of the master. The information shall include particulars appropriate to the ship in respect of the matters specified in Schedule 2 to these Regulations and shall be in the form set out in that Schedule.
9
Every ship shall have a scale of draughts marked clearly at the bow and stern.
Loading and stability assessment
29B
Regulations 29C to 29L apply to ro/ro passenger ships of Classes IV and V, including every ship in respect of which there is in force a Passenger Certificate appropriate to a ship of any of those classes, even when it is for the time being engaged on voyages for which a Class III, VI or VI(A) Passenger Certificate is appropriate.
Information on stability during loading
29C
1
The owner of every ship to which this Regulation applies shall ensure that the master is provided with information relating to its stability during the process of loading and unloading. This information shall be included in the ship’s stability information book.
2
Where any alterations are made or changes occur to the ship so as materially to affect the information supplied to the master in accordance with paragraph (1) of this regulation, amended information shall be provided.
3
The information provided pursuant to paragraphs (1) and (2) of this regulation shall be kept on board the ship at all times in the custody of the master.
Stability and freeboard during loading and unloading
29D
The master shall use the information provided in accordance with regulation 29C and, when necessary, make calculations or cause calculations to be made in order to ensure that the process of loading and unloading is carried out safely; in particular, he shall ensure that —
a
the ship has adequate stability; and
b
the freeboard at any door giving access to the hull or to an enclosed superstructure is sufficient to prevent the entry of water.
Recording of draught, trim and freeboard prior to departure
29E
1
On completion of the loading of a ro/ro passenger ship of Classes IV or V and before it proceeds on a voyage, the master or an officer appointed for the purpose by the master shall ascertain —
a
the ship’s draught at the bow and at the stern;
b
the trim of the ship by the bow or the stern; and
c
the vertical distance from the waterline to the appropriate subdivision load line mark on each side of the ship.
2
The draughts, trim and the vertical distances ascertained in accordance with paragraph (1) of this regulation shall be recorded by the master or such officer as the case may be, in a book retained on board for that purpose.
Permissible standard of stability to be recorded
29F
Before a ro/ro passenger ship of Class IV or V to which regulation 29J applies proceeds on a voyage the master shall cause the maximum permissible KG, or the minimum permissible GM, whichever is appropriate to the ship, to be determined and recorded in a book retained on board for that purpose.
Condition of loading prior to departure to be satisfactory
29G
Before a ro/ro passenger ship of Class IV or V to which regulation 29J applies proceeds on a voyage, the master shall ensure that the condition of loading of the ship as recorded in accordance with regulation 29F is within the permissible standard of stability determined in accordance with regulation 29E(2) and satisfies all the relevant requirements prescribed in the stability information book.
Approval of loading conditions for Classes IV and V ships
29H
1
Where a ro/ro passenger ship of Class IV or V plies regularly to and from the same place, in conditions of loading which correspond closely to conditions of loading which are clearly specified in the stability information book, the owner may apply to the Secretary of State for approval of the adoption of the conditions so specified for the purposes of loading in accordance with this regulation.
2
The Secretary of State may, subject to such conditions as he thinks fit, approve the conditions of loading so specified for the purposes of this regulation, if he is satisfied that each such specified condition of loading allows a sufficient margin of stability beyond the minimum required for safety purposes, to allow for small variations which might occur between a specified condition of loading and the actual loading of the ship.
Loading of Classes IV and V ships in accordance with approved conditions
29I
1
The master of a ro/ro passenger ship of Class IV or V in respect of which the Secretary of State has approved conditions of loading in accordance with regulation 27H(2) shall, before the ship proceeds on a voyage —
a
ensure that the actual condition of loading of the ship corresponds closely to one of the specified conditions of loading so approved; and
b
record the specified condition of loading so approved to which the actual condition of loading corresponds, in a book specially retained on board for that purpose.
2
A copy of the information required by paragraph (1)(b) of this regulation shall be forwarded, as soon as is practicable, to a person nominated by the owner as being responsible and retained in his custody for a period of at least one calendar month.
Class IV or V ships which are not loaded in accordance with approved loading conditions
29J
Where ro/ro passenger ships of Class IV or V are not loaded in a manner corresponding to specified conditions of loading which have been approved in accordance with regulation 29I, the requirements of regulation 9F above, as it applies in the case of ships of Classes II and II(A) and 29F and 29G shall apply, except that a copy of the record of the stability calculation shall be retained ashore, by a person nominated by the owner as being responsible, for a period of not less than one calendar month.
Freeboard marking
29K
New passenger ships of Classes V and VI and existing passenger ships of Classes V, VI and VI(A) which are not required to be subdivided shall be marked on the side of amidships with the freeboard assigned in accordance with Schedule 7(2) to these Regulations. The mark shall consist of a horizontal line 25 millimetres in breadth and 305 millimetres in length. The colour and method of marking shall be in accordance with regulation 25(1).
.
29
In regulation 31(1) for the words “Except in the case” to the words “ point, every” there shall be substituted the word “Every”.
30
For regulation 33 there shall be substituted —
33
1
Every ship of Classes II(A) and III shall be provided with bilge pumps in accordance with the following table:
Number of Passengers ship is certified to carry Number of Pumps Main engine pump Independent power pump Emergency bilge pump Hand pump
*
The main engine pump may be replaced by one independent power pump.
†
The hand pumps specified in this column may be replaced by an independent pump.
Up to 50 1 — — One for each compartment Over 50 up to 250 1 1 — One for each compartment Over 250 1 1 1 —
2
To every such ship for which an emergency bilge pump is specified, or in which a hand pump is replaced by an independent pump regulation 32(2) of these Regulations shall apply as it applies to ships of Classes I and II.
.
31
For regulation 34 there shall be substituted —
34
1
Every ship of Classes IV, V, VI and VI(A) shall be provided with bilge pumps and means of bailing in accordance with the following table:
CLASS IV CLASS V CLASS VI CLASS VI(A) AREA OF OPERATION SHIPS OPERATING IN CATEGORY 'D' WATERS SHIPS OPERATING IN CATEGORY 'A' WATERS SHIPS OPERATING IN CATEGORY 'B' WATERS SHIPS OPERATING IN CATEGORY 'C' WATERS AT SEA, OR IN CATEGORY A, B, C AND D <10 MILE VOYAGE <1 MILE FROM LAND <15 MILE VOYAGE <3 MILE FROM LAND TO ISOLATED COMMUNITIES <6 MILE VOYAGE <3 MILE FROM LAND NUMBER OF PASSENGERS SHIP IS CERTIFIED TO CARRY ≤50 >50 ≤250 >250 ≤50 >50 ≤250 >250 ≤50 >50 ≤250 >250 ≤50 >50 ≤250 >250 ≤50 >50 ≤250 >250 ≤50 >50 ≤250 >250 ≤50 >50 ≤250 >250 ≤100 ≤250 ≤50 TYPE OF SHIP OTHER THAN OPEN OPEN OTHER THAN OPEN OPEN OTHER THAN OPEN OPEN OTHER THAN OPEN OPEN OTHER THAN OPEN OPEN OTHER THAN OPEN
*
The additional independent power pump and the hand pumps specified may be replaced by an independently powered pump providing regulation 30(2) of these Regulations shall apply to such a ship as it applies to ships of Class I and II.
POWER BILGE PUMP, MAY BE ENGINE DRIVEN 1 1 1 — — 1 — 1 1 — 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INDEPENDENT POWER PUMP — 1 1 — — — — — — — — — — — — — — — — — — — 1 — HAND PUMPS SERVING ALL COMPARTMENTS, EACH HAND PUMP SERVING NOT MORE THAN TWO ADJACENT COMPARTMENTS ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ 2 BAILERS OR 1 BUCKET AND 1 BAILER — — — ✓ ✓ ✓ — — — ✓ — — — — — ✓ ✓ ✓ — — — ✓ — ✓ —
.
32
In regulation 35(2) the words “of the lever type” shall be omitted.
33
In regulation 35(5) the words “if any” to the words “flooding conditions” shall be omitted.
34
In regulation 38(1) for the words “Part IIA” there shall be substituted the words “Part IIA or Part IIB”.
35
In regulation 39(1) for the words “Part IIA” there shall be substituted the words “Part IIA or Part IIB” and for the words “of under 30.5 metres in length provided with a hand pump of the lever type” there shall be substituted the words “carrying less than 250 passengers provided with a hand pump”.
36
In regulation 41 for the words “Part IIA” there shall be substituted the words “Part IIA or Part IIB”.
37
Regulation 76 shall be omitted.
38
In regulation 77(2) the words “partially decked” shall be omitted.
39
Regulation 85 shall be renumbered 85(1) and a new paragraph shall be inserted after 85(1) —
2
For the purposes of these Regulations, the results of verifications and tests carried out by the bodies and laboratories of other member States offering suitable and satisfactory guarantees of technical and professional competence and independ-ence shall be accepted.
.
40
In regulation 86(1) for “9L” there shall be substituted “9I and 29C to 29J”.
41
In regulation 86(2) for the words “or 9L” there shall be substituted “, 9I, 29C(1), 29C(2)” and for “9K(1) or 9L” there shall be substituted “9H, 29D, 29E, 29F, 29G, 29I(1), or 29J”.
42
In regulation 86(4) the words “or 29I” shall be inserted after 9E(1).
43
In regulation 86(5) “or 9K(2)” there shall be substituted “29I(2)”.
44
In the title of Schedule 1 Part IV for “VI” there shall be substituted “VI(A)”.
45
For paragraph 12 in Schedule 1 Part IV there shall be substituted the following —
Standard of survivability
12
The minimum standard of survivability of ships to which this Part of this Schedule applies shall be as follows:
STANDARD OF SURVIVABILITY FOR POST 31ST OCTOBER 1992 SHIPS — TABLE 1
1 2 3 4 5 class Number of passengers Operating area Standard of survivability Lifesaving Appliances requirements
†
A reference to a regulation is a reference to that regulation in the Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes II to VI(A)) Regulations 1992
1
III
up to 250 As specified in regulation 3(1) of these Regulations Unity factor of subdivision Lifesaving Appliances in accordance with regulation 5(2)(i)
2
III
over 250 As specified in regulation 3(1) of these Regulations 0.5 factor of subdivision Lifesaving Appliances in accordance with regulation 5(2)(ii)
3
IV
up to 250 Category D waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 6(2)(i)
4
IV
over 250 Category D waters 0.5 factor of subdivision Lifesaving Appliances in accordance with regulation 6(2)(ii)
5
V
Any Number Category A waters Heeling test in accordance with Schedule 7 Lifesaving Appliances in accordance with regulation 7(2)
6
V
up to 50 Category B waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(3)(a)(i)
7
V
up to 50 Category B waters Buoyancy Test in accordance with Schedule 8 Lifesaving Appliances in accordance with regulation 7(3)(a)(ii)
8
V
up to 250 Category B waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(3)(a)(iii)
9
V
over 250 Category B waters 0.5 factor of subdivision Lifesaving Appliances in accordance with regulation 7(3)(a)(iv)
10
V
up to 50 Category C waters Unity factor of subdivison Lifesaving Appliances in accordance with regulation 7(4)(a)(i)
11
V
up to 50 Category C waters Buoyancy Test in accordance with Schedule 8 Lifesaving Appliances in accordance with regulation 7(4)(a)(ii)
12
V
up to 250 Category C waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(4)(a)(iii)
13
V
over 250 Category C waters 0.5 factor of subdivision Lifesaving Appliances in accordance with regulation 7(4)(a)(iv)
14
VI
up to 100 As specified in regulation 3(1) with the exception for 15 miles and 3 miles, 10 miles and 1 mile shall be inserted respectively Buoyancy Test in accordance with Schedule 8 for open ships or Unity factor of subdivision for all other ships Lifesaving Appliances in accordance with regulation 8(2)(a)(i)
15
VI
up to 250 As specified in regulation 3(1) with the exception for 15 miles and 3 miles, 10 miles and 1 mile shall be inserted respectively Unity factor of subdivision Lifesaving Appliances in accordance with regulation 8(2)(a)(ii)
16
VI
up to 250 As specified in regulation 3(1) of these Regulations Unity factor of subdivison Lifesaving Appliances in accordance with regulation 8(3)(a)(i)
17
VI(A)
up to 50 As specified in regulation 3(1) of these Regulations Unity factor of subdivision Lifesaving Appliances in accordance with regulation 9(2)(a)(i)
.
STANDARD OF SURVIVABILITY FOR SHIPS BUILT BEFORE 31ST OCTOBER 1992 — TABLE 2
1 2 3 4 5 Class Number of passengers ship is certified to carry Operating area Standard of survivability Lifesaving Appliances requirements
†
A reference to a regulation is a reference to that regulation in the Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI(A)) Regulations 1992
1
III
up to 250 As specified in regulation 3(1) of these Regulations Unity factor of subdivision Lifesaving Appliances in accordance with regulation 5(2)(iii)
2
III
over 250 As specified in regulation 3(1) of these Regulations 0.5 factor of subdivision Lifesaving Appliances in accordance with regulation 5(2)(iv)
3
III
over 250 As specified in regulation 3(1) of these Regulations Unity factor of subdivision Lifesaving Appliances in accordance with regulation 5(2)(v)
4
IV
up to 250 Category D waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 6(2)(iii)
5
IV
over 250 Category D waters 0.5 factor of subdivision Lifesaving Appliances in accordance with regulations 6(2)(iv)
6
IV
over 250 Category D waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 6(2)(v)
7
V
Any number Category A waters Heeling test in accordance with Schedule 7 Lifesaving Appliances in accordance with regulation 7(2)
8
V
up to 50 Category B waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(3)(a)(v)
9
V
up to 50 Category B waters Buoyancy test in accordance with Schedule 8 Lifesaving Appliances in accordance with regulation 7(3)(a)(vi)
10
V
up to 50 Category B waters Heeling test in accordance with Schedule 7 Lifesaving Appliances in accordance with regulation 7(3)(a)(vii)
11
V
up to 250 Category B waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(3)(a)(viii)
12
V
up to 250 Category B waters Buoyancy test in accordance with Schedule 8 Lifesaving Appliances in accordance with regulation 7(3)(a)(ix)
13
V
up to 250 Category B waters Heeling test in accordance with Schedule 7 Lifesaving Appliances in accordance with regulation 7(3)(a)(x)
14
V
over 250 Category B waters 0.5 factor of subdivision Lifesaving Appliances in accordance with regulation 7(3)(a)(xi)
15
V
over 250 Category B waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(3)(a)(xii)
16
V
over 250 Category B waters Buoyancy test in accordance with Schedule 8 Lifesaving Appliances in accordance with regulation 7(3)(a)(xiii)
17
V
up to 50 Category C waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(4)(a)(v)
18
V
up to 50 Category C waters Buoyancy test in accordance with Schedule 8 Lifesaving Appliances in accordance with regulation 7(4)(a)(vi)
19
V
up to 50 Category C waters Heeling test in accordance with Schedule 7 Lifesaving Appliances in accordance with regulation 7(4)(a)(vii)
20
V
up to 250 Category C waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(4)(a)(viii)
21
V
up to 250 Category C waters Buoyancy test in accordance with Schedule 8 Lifesaving Appliances in accordance with regulation 7(4)(a)(ix)
22
V
up to 250 Category C waters Heeling test in accordance with Schedule 7 Lifesaving Appliances in accordance with regulation 7(4)(a)(x)
23
V
over 250 Category C waters 0.5 factor of subdivision Lifesaving Appliances in accordance with regulation 7(4)(a)(xi)
24
V
over 250 Category C waters Unity factor of subdivision Lifesaving Appliances in accordance with regulation 7(4)(a)(xii)
25
V
over 250 Category C waters Buoyancy test in accordance with Schedule 8Lifesaving Appliances in accordance with regulation 7(4)(a)(xiii)
26
VI
up to 100 As specified in regulation 3(1) with the exception for 15 miles and 3 miles, 10 miles and 1 mile shall be inserted respectively Buoyancy test in accordance with Schedule 8 for open ships or Unity factor of subdivision for all other ships Lifesaving Appliances in accordance with regulation 8(2)(a)(iii)
27
VI
up to 100 As specified in regulation 3(1) with the exception for 15 miles and 3 miles, 10 miles and 1 mile shall be inserted respectively Heeling test in accordance with Schedule 7 Lifesaving Appliances in accordance with regulation 8(2)(a)(iv)
28
VI
up to 250 As specified in regulation 3(1) with the exception for 15 miles and 3 miles, 10 miles and 1 mile shall be inserted respectively Buoyancy test in accordance with Schedule 8 for open ships or Unity factor of subdivision for all other ships Lifesaving Appliances in accordance with regulation 8(2)(a)(v)
29
VI
up to 250 As specified in regulation 3(1) of these Regulations Buoyancy test in accordance with Schedule 8 for open ships or Unity factor of subdivision for all other ships Lifesaving Appliances in accordance with regulation 8(3)(a)(ii)
30
VI
up to 250 As specified in regulation 3(1) of these Regulations Heeling test in accordance with Schedule 7 Lifesaving Appliances in accordance with regulation 8(3)(a)(iii)
31
VI(A)
up to 50 As specified in regulation 3(1) of these Regulations Unity factor of subdivision Lifesaving Appliances in accordance with regulation 9(2)(a)(ii)
32
VI(A)
up to 50 As specified in regulation 3(1) of these Regulations Buoyancy test in accordance with Schedule 8 for open ships Lifesaving Appliances in accordance with regulation 9(2)(a)(iii)
.
46
In Schedule 3 paragraph 1 after the words “Part IIA” in the first line, the words “and Part IIB as applicable” shall be inserted.
47
In Schedule 4 in the title for “VI” there shall be substituted “VI(A)”.
48
In Schedule 6 paragraph 5 —
a
in the title the words “or partially decked” shall be omitted;
b
the word “partial” in the first paragaph shall be omitted;
c
the words “the open parts of partially decked ships, and in” in the second paragraph shall be omitted.
49
The following shall be added after Schedule 6 —
SCHEDULE 7
HEELING TEST
Paragraph 12 Schedule 1
1
Every ship required to comply with heeling test survivability standard, referred to in tables 1 and 2 at paragraph 12 of Part IV of Schedule 1, will be required to have its angle of heel determined. Such angle will be calculated with two thirds of the passengers on one side of the ship and one third on the other side, and shall not exceed seven degrees.
2
The freeboard at the lowest point of the gunwale, with the ship loaded with weights representing the full number of passengers and crew at 75kg for each person and the fuel and fresh water tanks 95% full, shall be not less than 380mm for ships of 6.0m in length and 760mm for ships of 18.3m in length or over. For lengths between 6.0m and 18.3m the freeboard shall be calculated by interpolation.
3
Where it is not possible, due to the design or operating conditions or both of a particular ship, for the above criteria to apply alternative criteria, which provide a standard of stability at least as effective as that specified in paragraph (1) of this Schedule, shall be applied.
SCHEDULE 8
BUOYANCY TEST
Paragraph 12 Schedule 1
Every ship required to comply with the buoyancy test survivability standard, referred to in tables 1 and 2 at paragraph 12 of Schedule 1, will be required to comply with the following requirements —
1
The requirements of Schedule 7.
2
The ship loaded so that its subdivision mark is not submerged shall have sufficient buoyancy to be able to remain afloat and near upright when totally flooded. The ship shall be deemed to have sufficient buoyancy when detailed calculations are presented and confirmed as follows —
a
In the case of ships for which hull form lines are not available, it will be sufficient to show that the total buoyancy is equal to
Length × Breadth × Draught × 0.7 (cubic metres)
the above measurements being taken, at the waterline corresponding to the full load mark.
b
In the case of ships for which hull form lines are available, it will be sufficient to show that the total buoyancy is equal to
Displacement × 1.1 (cubic metres)
the displacement being calculated as that corresponding to the full load mark.
3
The devices used to guarantee the buoyancy of the vessel in the event of damage shall —
a
be protected against accidental deterioration or damage,
b
be installed in such a way as to offer maximum stability as far as practicable whilst the ship is in intact or damaged state.
.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,Department of Transport
1st October 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1992 and shall come into force on 1st April 1992.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 1989 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) the definitions of “oxygen concentrator” and “oxygen concentrator services” shall be omitted.
Amendment of the amounts specified in the principal Regulations
3
For each amount specified in column (3) of the Schedule to these Regulations, where it appears in the provision of the principal Regulations specified in relation to it in column (1) (the subject matter of which is indicated in column (2)), there shall be substituted the amount specified in relation to it in column (4) of that Schedule.
Amendment of regulation 3 of the principal Regulations
4
In regulation 3 of the principal Regulations (supply of drugs and appliances by chemists) —
a
paragraph (1)(b) shall be omitted;
b
in paragraph (2) —
i
after sub-paragraph (b) there shall be inserted the word “or”,
ii
after sub-paragraph (c)
the word “or” shall be omitted,
iii
sub-paragraph (d)
shall be omitted.
Transitional provisions
5
Where, on or after 1st April 1992 —
a
any appliance specified in Schedule 1 to the principal Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 8 of the principal Regulations pursuant to an application under that regulation which was received before that date,
the principal Regulations shall have effect in relation to that supply or, as the case may be, that grant as if regulation 3 of these Regulations had not come into force.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State
Department of Health
24th February 1992


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Loans) (Amendment) Regulations 1992 and shall come into force on 6th April 1992.
Amendment of 1991 Regulations
2
The following amendments shall be made in regulation 11(5) of the Education (Student Loans) Regulations 1991 (interpretation of “disability-related benefits”)–
a
in sub-paragraph (a), at the end the word “and” shall be omitted;
b
in sub-paragraph (b), at the end the word “and” shall be added; and
c
after sub-paragraph (b), there shall be added the following paragraph–
c
a disability living allowance payable under section 37ZA of the Social Security Act 1975 and a disability working allowance payable under section 20 of the Social Security Act 1986 .
.
Alan Howarth
Parliamentary Under Secretary of State,
Department of Education and Science
12th March 1992


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies North Yorkshire County Council.
2
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan folio numbered HA10-YHCPD 48 marked “The A168 Trunk Road (Dishforth Interchange Link Road Detrunking) Order 1992”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
ii
“the trunk road”
means the Boroughbridge Thrisk Trunk Road (A168)
3
This Order shall come into force on the 14th August 1992 and may be cited as the A168 Trunk Road (Dishforth Interchange Link Road Detrunking) Order 1992.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside
Department of Transport
15th July 1992


text:
1
This Order may be cited as the Value Added Tax (Temporarily Imported Goods and Goods Imported for Private Purposes) Reliefs (Revocation) Order 1992 and shall come into force on 1st January 1993.
2
The Value Added Tax (Temporarily Imported Goods) Relief Order 1986 and the Value Added Tax (Goods Imported for Private Purposes) Relief Order 1988 are hereby revoked.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1992


text:
Citation
1
This Order may be cited as the Child Support Act 1991 (Commencement No. 1) Order 1992.
Date appointed for the coming into force of certain provisions of the Child Support Act 1991
2
The date appointed for the coming into force of the provisions of the Child Support Act 1991 specified in the Schedule to this Order is 17th June 1992.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
17th June 1992


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Sea Fishing (Days in Port) (Amendment) Regulations 1992 and shall come into force on 12th March 1992.
2
In these Regulations “the principal Regulations ” means the Sea Fishing (Days in Port) Regulations 1992 .
Amendment of the principal Regulations
2
The principal Regulations are hereby amended in accordance with regulations 3 to 7 below.
3
In regulation 2(1) thereof (interpretation)–
a
there shall be inserted after the words “In these Regulations–” the following definition–
“the appropriate Minister” means–
in relation to England, the Minister of Agriculture, Fisheries and Food,
in relation to Scotland or Wales, the Secretary of State,
in relation to Northern Ireland, the Department of Agriculture for Northern Ireland;
;
b
there shall be inserted after the definition of “British sea-fishery officer” the following definition–
“the Commission Decision” means the Commission Decision of 24th February 1992 exempting the United Kingdom from the obligation contained in Article 13 of Council Regulation ( EEC ) No. 3882/91 ;
.
4
For regulation 4 thereof (management of days in port) there shall be substituted the following regulations–
4
1
Unless exempted by the appropriate Minister in accordance with either paragraph (4) or paragraph (5) below, a vessel to which these Regulations apply shall, subject to paragraph (8) below, remain in port for one or more periods totalling 135 days during the period 1st February 1992 to 31st December 1992.
2
Where exempted by the appropriate Minister in accordance with paragraph (5) below, a vessel to which these Regulations apply shall, subject to paragraph (8) below, remain in port for one or more periods totalling 67 days during the period 1st February 1992 to 31st December 1992.
3
An application for exemption shall be in writing given by the master, owner or charterer of the vessel to the appropriate Minister before 31st March 1992.
4
If he is satisfied that a vessel will carry from 15th April 1992 only the fishing gear prescribed by paragraph (i) of Article 1 of the Commission Decision, that is to say, longlines or nets having a mesh size equal to or greater than 120 millimetres, with or without a 110 millimetre square mesh panel, the appropriate Minister shall grant the vessel total exemption from the requirement to remain in port for 135 days.
5
If he is satisfied that a vessel will carry from 15th April 1992 only the fishing gear prescribed by paragraph (ii) of Article 1 of the Commission Decision, that is to say, nets having a mesh equal to or greater than 110 millimetres, with or without a 100 millimetre square mesh size panel, the appropriate Minister shall grant the vessel exemption from 68 days of the requirement to remain in port for 135 days.
6
If, at any time after exemption has been granted in respect of a fishing vessel, the appropriate Minister is satisfied that there has been a failure to carry only therelevant fishing gear prescribed by Article 1 of the Commission Decision or a contravention of any of the conditions relating to that gear set out in the Annex to that Decision, he may withdraw the exemption.
7
The appropriate Minister shall notify the applicant for exemption in writing of the date from which exemption is withdrawn.
8
Where an exemption has been withdrawn in accordance with paragraph (6) above, the vessel concerned shall remain in port from the date of the withdrawal of the exemption up to 31st December 1992 for a total number of days calculated in accordance with the formula set out below, namely,
D - ( A × B ) + ( 135 × C ) 335
where
“A” equals the number of days in port required as a result of the application of Article 1 of the Commission Decision; “B” equals the number of days from 1st February 1992 to the day before the date of withdrawal; “C” equals the number of days from the date of withdrawal to 31st December 1992; and “D” equals the number of days during which the vessel has remained in port in accordance with these Regulations.
4A
1
A period in port may consist of a single day or of a group of days taken consecutively.
2
No period in port shall count for the purposes of regulation 4(1), 4(2) or 4(8) above unless–
a
it consists of at least one day,
b
it is notified in accordance with regulation 5, and
c
where paragraph (4) below applies, the requirements of that paragraph are satisfied.
3
Once a period has been notified and has commenced the vessel concerned shall remain in port until either that period has expired or a revised period notified in accordance with regulation 5(4) has expired.
4
Where the port in which the vessel is to remain is not in the United Kingdom the master, owner or charterer shall within 14 days of the expiry of the period in port furnish to the Department of Agriculture for Northern Ireland in the case of a vessel licensed by that Department or to a British sea-fishery officer in any other case a statement signed and dated by the authority in charge of that port containing the particulars specified in Schedule 2.
5
In regulation 5 thereof (notice of intended period in port) in paragraph (4) the words “at least 9 hours” shall be omitted.
6
In regulation 6 thereof (offences) in paragraph (1) for the words “regulation 4(1) or 4(4)” there shall be substituted the words “regulation 4(1), 4(2), 4(8) or 4A(3)”.
7
In the second paragraph of Schedule 1 (sea areas)–
a
in the heading to that paragraph for the words “(Area VI )” there shall be substituted the words “(Area VIa)”;
b
in the third line for “18°00'” there shall be substituted “12°00'”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
11th March 1992.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
10th March 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education Assets Board (Transfers under the Education Reform Act 1988) Regulations 1992 and shall come into force on 6th July 1992.
2
In these Regulations, unless the context otherwise requires —
a
“the Board”means the Education Assets Board;
b
“the Secretary of State”means the Secretary of State for Education and Science or the Secretary of State for Wales as the case may be; and
c
a reference to a Schedule is a reference to a Schedule to the Further and Higher Education Act 1992.
Prescribed Period
2
The period referred to in paragraph 62(1)(b) of Schedule 8 that must elapse before the Board can give a direction under that paragraph determining a particular matter is a period of 3 months beginning with the date on which the Board notify the transferor in writing for the purposes of these Regulations that agreement on that matter between the transferor and the Board is required to be reached under paragraph 2(1) of Schedule 10 to the Education (Reform) Act 1988 .
Directions by the Board
3
1
The Board shall, before giving a direction under paragraph 62 of Schedule 8, give the transferor and the transferee written notice specifying a date, at least two months after the date of the notice, by which written representations and supporting documents must be submitted to the Board.
2
The transferor and the transferee shall each send to the other copies of any written representations and supporting documents which they submit to the Board.
3
The Board shall not give a direction under paragraph 62 of Schedule 8 before they have considered any written representations and supporting documents submitted by the date specified in accordance with paragraph (1) above and they may give such a direction taking into account only written representations and supporting documents which have been so submitted.
4
The Board may proceed to a determination, after giving the transferor and transferee written notice of their intention to do so, notwithstanding that no written representations have been made by the date specified in paragraph (1) above, if it appears to the Board that they have sufficient material before them to make a determination.
Appeals to the Secretary of State
4
1
If the transferor or transferee wish to appeal to the Secretary of State under paragraph 63 of Schedule 8 against a determination of the Board, they shall do so by sending a notice in writing to the Secretary of State stating that they wish to appeal and setting out the reasons for the appeal.
2
The appellant shall send a copy of any notice to the Board and to the respondent.
3
The notice of appeal must be received by the Secretary of State for Education and Science at the Department of Education and Science, Sanctuary Buildings, Great Smith Street, Westminster, London SW1P 3BT or, as the case may be, the Secretary of State for Wales at the Welsh Office, Cathays Park, Cardiff CF1 3NQ within six weeks of the date of the determination appealed against.
4
The Secretary of State may accept an appeal that has been made out of time.
5
The Board shall send to the Secretary of State within one month of receipt of a copy of the notice of appeal from the appellant, a copy of their determination, the written representations made by the transferor and the transferee and any supporting documents together with any written representations which they wish to make regarding the appeal. If the Board make any written representations they shall send a copy to the appellant and to the respondent within that same period of time.
6
The respondent shall send to the Secretary of State, the Board and the appellant within one month of receipt of a copy of the notice of appeal from the appellant any written representations which they wish to make regarding the appeal.
7
The Secretary of State shall not take any step under paragraph 63(4) of Schedule 8 before he has considered any written representations submitted by the appellant, the respondent and the Board, together with the copy documents submitted by the Board, within the time limit specified in paragraphs (3), (5) and (6) above, and he may give a direction taking into account only written representations and supporting documents which have been so submitted.
8
The Secretary of State may by notice in writing request the appellant, the respondent and the Board or any of them to submit such additional information regarding the matter which is the subject of the appeal as he considers appropriate.
9
The Secretary of State may proceed to a determination, after giving the appellant and the respondent written notice of his intention to do so, notwithstanding that no written representations have been made within the specified time limits, if it appears to him that he has sufficient material before him to make a determination.
John Patten
Secretary of State for Education and Science
8th June 1992
David Hunt
Secretary of State for Wales
8th June 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Somerset National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 4th January 1993.
2
In this Order —
“the Authority” means Somerset Health Authority;
“the Trust” means the East Somerset National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 28th September 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 4th January 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
12th November 1992


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Transitional Period) (Further Provision) Regulations 1992 and shall come into force on 1st April 1992.
Waste disposal
2
1
This regulation applies where a hereditament which is occupied (or, if unoccupied, owned) by an existing disposal authority becomes occupied (as to the whole or any part) by a waste disposal contractor in pursuance of Part II of the Environmental Protection Act 1990 ( “the 1990 Act”).
2
Where this regulation applies, in the application of Schedule 7A to the Local Government Finance Act 1988 after the change in (or, as the case may be, the beginning of) occupation, any period during which the existing disposal authority occupied all or part of the hereditament or, it being unoccupied, owned it shall, for the purposes of paragraph 2(5) to (9) of that Schedule, be treated as a period during which the waste disposal contractor occupied all or part of it or owned it (as the case may be).
3
In this regulation —
“existing disposal authority” has the same meaning as in section 32 of the 1990 Act; and “waste disposal contractor” has the same meaning as in Part II of that Act .
Michael Heseltine
Secretary of State for the Environment
9th March 1992
David Hunt
Secretary of State for Wales
9th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North East Worcestershire Community Health Care National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North East Worcestershire Community Health Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the North East Worcestershire Community Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at Princess of Wales Community Hospital, All Saints Road, Bromsgrove B61 0BB;
b
to manage community health services provided from Smallwood Health Centre, Church Green West, Redditch, Worcs B97 4DJ and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Bromsgrove and Redditch Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Bromsgrove and Redditch Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Bromsgrove and Redditch Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 13 Partial Revocation) Order 1992 and shall come into force atr 11.00 hours on 22nd January 1992.
Partial revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 13) Order 1991 except in so far as it applies to the area described in the Schedule to this order is hereby revoked.
P. S. Collins
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
22nd January 1992


text:
Citation and commencement
1
This Order may be cited as the Transport and Works (Descriptions of Works Interfering with Navigation) Order 1992 and shall come into force on 1st January 1993.
Descriptions of works
2
The Secretary of State hereby prescribes works of the following descriptions for the purposes of section 3(1)(b)(ii) of the Act:
a
barrage;
b
bridge;
c
cable;
d
land reclamation;
e
navigational aid;
f
offshore installation;
g
pier;
h
pipeline;
i
tunnel;
j
utilities structure.
Interpretation
3
1
In this Order —
“barrage” includes a dam, weir, barrier, embankment, breakwater and any other structure for impounding, or diverting or controlling the flow of, water;
“bridge” includes a viaduct, an aqueduct and a gantry and the abutments of and approaches to a bridge;
“cable” means a telegraph, telephone or electric power cable (whether submerged or airborne), an aerial cableway or a cable or chain used to guide a ferry;
“land reclamation” means works for restoring or converting to dry land or to a polder areas of land which are continuously or intermittently covered by water and also means other works in, on or over such land;
“navigational aid” means any structure or device (whether fixed or floating) providing a light, sound or other signal or other aid for the safety of navigation in or over water or in the air;
“offshore installation” means an installation or device (whether fixed or floating) for the exploitation, or exploration with a view to exploitation, of the natural resources of any waters, the bed or subsoil thereof or the air-space thereover and also means any other installation or device performing, or intended to perform, or which has performed, any activity of a kind specified in section 1(2) of the Mineral Workings (Offshore Installations) Act 1971 in so far as the activity relates to such bed or subsoil;
“pier” includes a jetty, quay, wharf, mole, staging, slipway and any similar structure, device or facility (whether fixed or floating) used for the mooring, landing, launching or beaching of vessels or for promenading or other recreational purposes;
“pipeline” means a pipe or system of pipes for the conveyance of any thing and also means a sewer, drain, duct and any apparatus or works associated with such a pipe or system of a kind specified in paragraphs (a) to (f) of section 33(1) of the Petroleum and Submarine Pipe-lines Act 1975 and for the purposes of this definition references in those paragraphs to “the pipe or system” are to be construed accordingly;
“tunnel” means a tunnel for the passage of vehicles, persons on foot or animals and includes a submerged tube used for any of those purposes, the approaches to a tunnel and works for the operation or protection of a tunnel; and
“utilities structure” means a structure or plant, whether attached to dry land or otherwise and whether fixed or floating, used, or intended to be used, or which has been used, for a transport, communications, electricity generation, water extraction (including desalination), waste disposal or similar purpose.
2
In this Order, references to “works” are to be construed as including the construction, emplacement, removal, demolition, alteration or modification of the works in question, or of any part thereof, and any works ancillary thereto.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
16th December 1992


text:
Citation and commencement
1
These Regulations may be cited as the Child Benefit (Residence and Persons Abroad) Amendment Regulations 1992 and shall come into force on 28th December 1992.
Amendment of the Child Benefit (Residence and Persons Abroad) Regulations 1976
2
In regulation 6(1)(a) of the Child Benefit (Residence and Persons Abroad) Regulations 1976 (persons to whom Part II of those Regulations applies) for the words “whose employment is by or under the Crown” there shall be substituted the words “who is employed by the civil service of the United Kingdom, and is paid a salary or wages by a government department of the United Kingdom,”.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
30th November 1992