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How can the Charming Nancy and Charming Betty operate whilst being exempted from Regulation 2(3) of the UK Merchant Shipping (Survey and Certification) Regulations 1995

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WRITTEN QUESTION TO THE MINISTER FOR ECONOMIC DEVELOPMENT BY DEPUTY S.S.P.A. POWER OF ST. BRELADE

ANSWER TO BE TABLED ON TUESDAY 17th JUNE 2008

Question

  1. C a n the Minister explain the grantofapproval to allow the "Charming Nancy" and "Charming Betty" to operate whilst apparently exemptingthevessel from Regulation 2(3) oftheU.K. Merchant Shipping (Survey and Certification) Regulations 1995?

Answer

The answer to the first part of this question is already in the public domain (MD-E-2008-0098), however to confirm the vessels Charming Nancy' and Charming Betty' have both been granted Passenger Ship Certificates under the Shipping (Jersey) Law 2002 and the Boats and Surf Riding (Control) (Jersey) Regulations 1969 under Ministerial Decision ED-E-2008-0098.

Prior to the granting of the certificates, both vessels were surveyed by the Maritime and Coastguard Agency (MCA) and a risk assessment of the operation was carried out jointly with Jersey Harbours. On the recommendation of the MCA, the certificates were issued subject to certain exemptions from EU Direction 98/18EC as applied to Jersey through the Shipping (Survey and Certification) (No 2) (Jersey) Order 2005. It was deemed reasonable to allow the vessels permission to operate subject to certain controls.

These exemptions and associated conditions are listed on the vessels' certification to be displayed on board and can also be found attached to the Ministerial Decision granting the permits to Jersey Heritage Trust.

Question

  1. C a n the Minister assure the Assemblythat,given that the Jersey HeritageTrust (JHT) is taking over direct and sole responsibility for operating the ferry service to and from Elizabeth Castle, he is satisfied that the JHT hasthemaritime expertise asrequired in Law to set up and operate such a service?

Answer

On change of ownership, the passenger certification was re-issued to Jersey Heritage Trust on the same terms as had been issued to Pure Adventure. We were pleased to be advised that Jersey Heritage Trust have retained the services of the senior vessel operators and this will continue to provide the marine competence based skills needed to operate the service along with ongoing driver training and assessments.

In consultation with Jersey Harbours, Jersey Heritage Trust has also developed a comprehensive Safety Management System (SMS) for the operation of these vessels which will remain under constant review. The SMS is a requirement under the Shipping (Survey and Certification) (No 2) (Jersey) Order 2005.

Jersey Harbours will be monitoring the service throughout the year and will continue to do so in future.