
1 
These Regulations may be cited as the Merchant Shipping (Entry into  Dangerous Spaces) Regulations 1988 and shall come into force on 1st January 1989.
2 
In these Regulations:
 “Code” means Chapter 10 of the Code of Safe Working Practices for Merchant  Seamen published in 1978 by Her Majesty`s Stationery Office and any document  amending or replacing it which is considered by the Secretary of State to be  relevant from time to time and is specified in a Merchant Shipping Notice;
 “dangerous space” means any enclosed or confined space in which it is foreseeable  that the atmosphere may at some stage contain toxic or flammable gases or  vapours, or be deficient in oxygen, to the extent that it may endanger the life or  health of any person entering that space;
 “employer” means the person for the time being employing the master;
 “fishing vessel” means a vessel which is for the time being employed in fishing but  does not include a vessel used otherwise than for profit;
 “gas carrier” means any ship constructed or adapted for the carriage in bulk of any  liquefied gas;
 “master” includes any person in charge of the vessel during the absence of the  master but excludes a watchman;
 “Merchant Shipping Notice” means a Notice described as such issued by the  Secretary of State;
 “offshore installation” means any offshore installation within the meaning of  section 1 of the Mineral Workings (Offshore Installations) Act 1971;
 “pleasure craft” means a vessel primarily used for sport or recreation;
 “tanker” means any ship constructed or adapted for the carriage in bulk of oil or  chemicals;
 “tons” means gross registered tons, and the gross registered tonnage of a ship  having alternative gross tonnages shall be taken to be the larger of those tonnages.
3 

(1) Subject to paragraph (2) of this regulation,
(a) these Regulations except regulation 11 apply to United Kingdom ships; and
(b) regulations 1, 2, 3, 11 and 12 apply to ships other than United Kingdom ships  while they are in a United Kingdom port.
(2) These Regulations do not apply to:—
(a) fishing vessels;
(b) pleasure craft;
(c) offshore installations whilst or within 500 metres of their working stations; or
(d) ships in which there is for the time being no master or crew or watchman.
4 
Except when necessary for entry thereto, the master of a ship shall ensure that all  entrances to unattended dangerous spaces on the ship are either kept closed or  otherwise secured against entry.
5 

(1) 
(i) The employer shall ensure that procedures for ensuring safe entry and  working in dangerous spaces are clearly laid down; and
(ii) the master shall ensure that such procedures are observed on board the  ship.
(2) No person shall enter or remain in a dangerous space except in accordance with  the procedures laid down pursuant to paragraph (1) of this regulation.
(3) In fulfilling their duties under paragraph (1) and (2) above the employer, master  and any other person shall take full account of the principles and guidance contained in  the Code.
6 
The master of:
(a) any tanker or gas carrier of 500 tons and over, and
(b) any other ship of 1000 tons and overshall ensure that drills simulating the rescue of a crew member from a dangerous space  are held at intervals not exceeding two months, and that a record of such drills is  entered in the official log book.
7 
The employer shall ensure that each ship where entry into a dangerous space  may be necessary shall carry or otherwise have available an oxygen meter and such  other testing device as is appropriate to the hazard likely to be encountered in any  dangerous space on board. The master shall ensure that such meter and any such other  testing device are maintained in good working order and, where applicable, regularly  serviced and calibrated according to the manufacturers` recommendations.
8 

(1) Contravention of regulations 5 or 7 by an employer shall be an offence  punishable on summary conviction by a fine not exceeding #2,000 or on conviction on  indictment by imprisonment for a term not exceeding 2 years or a fine or both.
(2) Contravention of regulation 4, 5, 6 or 7 by a master shall be an offence  punishable on summary conviction by a fine not exceeding #1000.
(3) Contravention of regulation 5(2) or 5(3) by any person other than the employer  or master shall be an offence punishable on summary conviction by a fine not exceeding #400.
(4) It shall be a defence for a person charged under this regulation, including a  person charged by virtue of regulation 9, to show he took all reasonable precautions  and exercised all due diligence to avoid the commission of the offence.
9 
Where an offence under any of these regulations is committed, or would have  been committed save for the operation of regulation 8(4), by any person due to the act  or default of some other person, that other person shall be guilty of the offence, and a  person may be charged with and convicted of an offence by virtue of this regulation  whether or not proceedings are taken against the first mentioned person.
10 
Any person duly authorised by the Secretary of State may inspect any United  Kingdom ship and if he is satisfied that there has been a failure to comply in relation to  that ship with the requirements of these Regulations he may detain the ship until the  health and safety of those persons aboard ship is secured, but shall not in the exercise of  these powers detain or delay the ship unreasonably.
11 

(1) Any person duly authorised by the Secretary of State may inspect any ship  other than a United Kingdom ship when the ship is in a United Kingdom port and if he  is satisfied that the ship does not conform to the standards of health and safety required  of United Kingdom ships by these Regulations, he may:—
(a) send a report to the Government of the country in which the ship is registered  and a copy thereof to the Director General of the International Labour Office;  and
(b) where conditions on board are clearly hazardous to safety or health:—
(i) take such measures as are necessary to rectify those conditions;
(ii) detain the ship.
Provided that the measures specified in sub-paragraphs (a) and (b) may be taken only  when the ship has called at a United Kingdom port in the normal course of business or  for operational reasons.
(2) If he takes either of the measures specified in paragraph (1)(b) the person duly  authorised shall forthwith notify the nearest maritime, consular or diplomatic  representative of the State whose flag the ship is entitled to fly.
(3) The person duly authorised shall not in exercise of his powers under this  regulation unreasonably detain or delay the ship.
12 
Section 460(1) and section 692(1) to (3) and (5) of the Merchant Shipping Act  1894 (which relate respectively to liability for costs and compensation for detention  of a ship and enforcing the detention of a ship) shall have effect in relation to a ship  detained under these Regulations subject to the following modifications:—
(a) in section 460(1) the following words shall be omitted:—
 “by reason of the condition of the ship or the act or default of the owner”
 “provisional”
 “as an unsafe ship”
 “and survey”
 “or survey”; and
(b) for the words “this Part of this Act” in section 460(1) and “this Act” wherever  they appear in section 692(1) to (3), there shall be substituted “the Merchant  Shipping (Entry into Dangerous Spaces) Regulations 1988”.
Signed by authority of the Secretary of State for Transport
Michael Portillo
Minister of State
Department of Transport
21st September 1988