This Statutory Instrument has been made in consequence of defects in S.I.s 1997/348 and 1997/1320 and is being issued free of charge to all known recipients of those Statutory Instruments.
1997 No. 1911
MERCHANT SHIPPINGSAFETYMASTERS AND SEAMEN
The Merchant Shipping (Training, Certification and Safe Manning) (Amendment) Regulations 1997
Made 31st July 1997
Laid before Parliament 11th August 1997
Coming into force 1st September 1997
Whereas the Secretary of State is a Minister designated for the purpose of section 2(2) of the European Communities Act 1972 in relation to measures relating to recognition of higher education diplomas or formal qualifications required for the pursuit of professions or other occupations;And whereas insofar as the following Regulations are made in exercise of the powers conferred by section 47(1)(a) of the Merchant Shipping Act 1995 the Secretary of State is satisfied that it is necessary or expedient, in the interests of safety to make them insofar as they require ships to carry qualified seamen;And whereas insofar as the following Regulations are made in the exercise of powers conferred by section 47 of the Merchant Shipping Act 1995, the Secretary of State has in pursuance of subsection (4) of section 306 of that Act consulted with the organisations referred to in that subsection;And whereas insofar as these Regulations are made in exercise of powers conferred by section 85 of the Merchant Shipping Act 1995, the Secretary of State has in pursuance of subsection (4) of section 86 of that Act consulted the persons referred to in that subsection;Now, therefore, the Secretary of State for Transport, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by sections 47 and 85(1)(a) and (b) and (3) and (5) of the Merchant Shipping Act 1995 and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
1 
These Regulations may be cited as the Merchant Shipping (Training, Certification and Safe Manning) (Amendment) Regulations 1997 and shall come into force on        1st September 1997.
2 
The Merchant Shipping (Training and Certification) Regulations 1997 shall be amended as follows—
(a) in regulation 2(1), after the definition of “IGC Code” the following definition shall be inserted:—“
 “length” has the same meaning as in the Merchant Shipping (Tonnage) Regulations 1997”;
(b) at the end of regulation 3(b), there shall be added “and which are less than 80 GT or under 24 metres in length”; and
(c) in regulation 5(4)(b), after “adaptation period” there shall be inserted “not exceeding 3 years”.
3 
The Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997 shall be amended as follows—
(a) in regulation 2(1), after the definition of “hazardous cargo” the following definition shall be inserted:“
 “length” has the same meaning as in the Merchant Shipping (Tonnage) Regulations 1997”;
(b) at the end of regulation 3(b)(ii), there shall be added “and which are less than 80 GT or under 24 metres in length”;
(c) in regulation 16(1)(b)(ii), for the first reference to “15(2)” there shall be substituted “15(3)”;
(d) in regulation 17—
(i) in paragraph (1), for “9(1), (2), (8) or (10)” there shall be substituted “9”;
(ii) in paragraph (2), for “4(b)” there shall be substituted “4(6)”; and
(iii) after paragraph (2), there shall be inserted the following paragraph:—“
(2A) Where an employer has pursuant to regulation 9(3) become subject to the duties of the company under that regulation, any contravention of regulation 9 by the employer shall be an offence, punishable on summary conviction by a fine not exceeding the statutory maximum, or on indictment by a fine, or (in the case of an individual) by imprisonment not exceeding six months, or both.”.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
31st July 1997