Loading and Unloading of Fishing Vessels Regulations 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/1656 |
| Year | 1988 |
1988 No. 1656
HEALTH AND SAFETY
The Loading and Unloading of Fishing Vessels Regulations 1988
Made 26th September 1988
Laid before Parliament 20th October 1988
Coming into force 1st January 1989
The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (3)(c), (5)(b), and 82(3)(a) of, and paragraphs 1(1)(c), (2), 9, 12, and 18(a) of Schedule 3 to, the Health and Safety at Work etc. Act 19741( “the 1974 Act”) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Loading and Unloading of Fishing Vessels Regulations 1988, and shall come into force on 1st January 1989.
Interpretation
2. In these Regulations, unless the context otherwise requires—
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“dock gate” means any lock gate or other gate which can close off the entrance to the dock or part of the dock from the sea or other waterway but does not include any gate on land which controls access by vehicles or pedestrians;
“fishing vessel” means any description of craft used for the transport or storage of wet fish, whether used in navigation or not, but does not include a craft when used—
(a) for the principal purpose of carrying passengers or goods other than wet fish; or
(b) solely for sport or recreation;
“fish loading process” means the loading, unloading, moving or handling of wet fish on, at, or nearby any quay or on any fishing vessel when moored at the quay or any activity incidental to those activities including the mooring, fuelling and provisioning of the fishing vessel at the quay or the transfer of wet fish from one fishing vessel to another when at least one of the fishing vessels is moored at the quay;
“handling” includes gutting of wet fish and loading of wet fish for transport, but does not include tinning, freezing solid in blocks, curing, freeze-drying or other means of processing;
“maintained” means maintained in an efficient state, in efficient working order and in good repair;
“processed” or “processing” does not include keeping fish, molluscs or crustaceans (or part of them) fresh by placing them on ice;
“quay” includes any wharf, jetty or dock;
“skipper” means the person (except a pilot) having command or charge of the fishing vessel;
“wet fish” includes all fish, molluscs and crustaceans whether living or dead but does not include—
(i) fishmeal, fish manure or fish guano, or
(ii) fish, molluscs or crustaceans which are, or have been, tinned, frozen solid in blocks, or otherwise processed.
Application
3. These Regulations shall apply to and in relation to all fish loading processes in Great Britain.
Duties
4. It shall be the duty of every—
(a) employer;
(b) self-employed person;
(c) skipper of a fishing vessel; and
(d) other person on whom a duty is imposed by section 4 of the 1974 Act,
to comply with all provisions of these Regulations, but such a duty shall...
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