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Application of powers of inspectors in relation to Government ships

19.  Sections 258 to 266 of the Act(15) apply to these Regulations as if they were for all purposes made under section 85 of the Act and accordingly those sections apply in relation to Government ships.

Enforcement of detention

20.—(1) Section 284 of the Act applies where a ship is liable to be detained under these Regulations as if—

(a) references to detention of a ship under the Act were references to detention of the ship in question under these Regulations; and

(b) subsection (7) were omitted.

(2) Where a ship is liable to be detained under these Regulations, the person detaining the ship shall serve on the master of the ship a detention notice which shall—

(i) state that a surveyor of ships is of the opinion that in relation to that ship there is a failure to comply with the requirements of these Regulations;

(ii) specify the matters which, in the opinion of the surveyor of ships, have the effect that in relation to that ship those requirements are not met; and

(iii) require the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.

Right of appeal and compensation

21.  Regulations 11 and 12 (right of appeal and compensation) of the Merchant Shipping (Port State Control) Regulations 1995(16) (which by virtue of regulation 19 of those Regulations apply in relation to the exercise of powers of detention contained in safety regulations) apply in relation to a detention notice served on a Government ship under these Regulations as if these Regulations were for all purposes made under section 85 of the Act.

Prohibition on Levy

22.  No charge in respect of anything done or provided in pursuance of any specific requirement of these Regulations shall be levied or permitted to be levied on any worker.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Council Directive 2003/10/EC (OJ No L 042, 15.2.2003, p.38) on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). They apply to United Kingdom ships wherever they may be and non-United Kingdom ships in United Kingdom waters. The Regulations impose duties on employers to protect workers who may be exposed to risk from exposure to noise at work.

The Regulations make provision for—

(a) action values and limit values for daily and weekly exposure to noise (regulation 5);

(b) risk assessment (regulation 6);

(c) elimination or, where elimination is not reasonably practicable, reduction of exposure to noise;

(d) actions to be taken at action values and limit values;

(e) prohibition on exceeding limit values (regulation 7);

(f) provision of individual hearing protection (regulation 8);

(g) information, instruction and training (regulation 9);

(h) health surveillance (regulation 10);

(i) consultation with workers (regulation 11);

(j) the grant of exemptions by the Secretary of State (regulation 13); and

(k) offences, detention, inspection and penalties (regulations 12 and 14 to 21).

These Regulations are made under the powers in the Merchant Shipping Act 1995 except in respect of their application to Government ships where the power is provided by section 2(2) of the European Communities Act 1972.

Copies of British Standard BS EN ISO 1999:1990 are obtainable from British Standards Institution, BSI House, 389 Chiswick High Road, London W4 4AL.

A Regulatory Impact Assessment and a Transposition Note have been prepared and a copy has been placed in the Library of each House of Parliament. Copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG (telephone number 02380 329100).

Merchant Shipping Notices can be obtained from Mail Marketing (Scotland), Unit 6, Bloomsgrove Industrial Estate, Norton Street, Nottingham, NG7 3JG (telephone 0115 901 3336; fax 0115 901 3334; e-mail orders: mca@promo-solution.com). They may also be accessed via the Maritime and Coastguard Agency’s website http://www.mcga.gov.uk.