- Statutory Instrument 1997 No. 2330
The Statistical Returns (Carriage of Goods and Passengers by Sea) Regulations 1997
© Crown Copyright 1997
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Statistical Returns (Carriage of Goods and Passengers by Sea) Regulations 1997 , ISBN 0 11 064947 8. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 24th September 1997 | ||
| Laid before Parliament | 8th October 1997 | ||
| Coming into force | 1st November 1997 |
The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972[1] in relation to measures relating to maritime transport[2], in exercise of the powers conferred on him by the said section 2(2), and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and extent
1. - (1) These Regulations may be cited as the Statistical Returns (Carriage of Goods and Passengers by Sea) Regulations 1997 and shall come into force on 1st November 1997.
(2) These Regulations extend to Northern Ireland.
Interpretation
2. - (1) In these Regulations:
-
"maritime transport operator" means any person by whom or on behalf of whom a contract for the transport of goods or persons by sea is concluded with a shipper or a passenger:
-
"person carrying on business or trade in the maritime transport sector" includes any maritime transport operator and any person who acts as an agent on behalf of a maritime transport operator in relation to a contract for the transport of goods or persons by sea concluded with a shipper or a passenger;
-
"harbour authority" -
-
(a) in Great Britain, means a harbour authority within the meaning of the Harbours Act 1964[3], and
(b) in Northern Ireland, has the same meaning as in the Harbours Act (Northern Ireland) 1970[4].
(2) Unless given a definition in these Regulations expressions used herein have the same meaning as in Council Directive 95/64/EC on statistical returns in respect of carriage of goods and passengers by sea[5] (hereinafter the "Directive").
Returns
3.
The Secretary of State may require by notice in writing any person carrying on business or trade in the maritime transport sector or any harbour authority to furnish, in such form and manner and within such time as may be specified, such periodical or other returns about such of the matters set out in the Schedule to these Regulations in relation to the carriage of goods and passengers by sea going vessels as may be specified.
Offences
4.
If any person required to furnish returns under these Regulations fails to furnish those returns as required, or makes a return which he knows to be false or recklessly makes a false return, he shall, unless he proves that he had reasonable excuse for the failure or false return, be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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
24th September 1997
The matters about which persons may be required to furnish returns pursuant to regulation 3 of these Regulations are:
1.1 Cargo, passenger and vessel movement information:
-
- gross weight of goods in tonnes loaded onto or unloaded from a vessel or vessels;
-
- type of cargo, according to the nomenclature shown in Annex II to the Directive;
-
- reporting port;
-
- direction of movement of vessel, whether inwards or outwards;
-
- number of movements of vessels;
-
- for inward cargo: the port of loading (i.e. the port in which the cargo was loaded on to the ship in which it arrived in the reporting port);
-
- for outward cargo: the port of unloading (i.e. the port in which the cargo is to be unloaded from the ship in which it left the reporting port);
-
- the number of passengers embarking on and disembarking from a voyage.
1.2 In relation to the transport of containers or ro-ro units, the following additional particulars may be required:
-
- number of containers with cargo;
-
- number of containers without cargo;
-
- number of mobile (ro-ro) units with cargo;
-
- number of mobile (ro-ro) units without cargo;
1.3 Information in relation to the vessel:
-
- deadweight and gross tonnage of vessel;
-
- country or territory of registration of vessel;
-
- type of vessel;
-
- name of vessel;
-
- Lloyds Register Number of vessel (or alternative agreed between the Secretary of State and the maritime transport operator or agent supplying the data);
-
- name of maritime transport operator and/or agent.
(This note is not part of the Regulations)
These Regulations implement Council Directive 95/64/EC on statistical returns in respect of the carriage of goods and passengers by sea.
Regulation 3 enables the Secretary of State to require shipping lines, their agents and harbour authorities to furnish data concerning the matters set out in the Schedule.
Regulation 4 provides for criminal penalties for failure to furnish returns or furnishing of false returns.
Notes:
[1] 1972. c.68.back
[5] OJ No. L320, 30.12.95 p.25.back
ISBN 0 11 064947 8