Consultation outcome

Consultation letter

Updated 3 March 2022

1. Consultation on amendment to marine guidance note 306(M) on designing and operating smaller passenger vessels: Guidance on meeting the needs of persons with reduced mobility

Dear Consultee

This consultation seeks comments on a draft updated Marine Guidance Note (MGN) that we are seeking to update to:

a) reflect changes made in legislation made since the original MGN was published;

b) reflect changes in best practice which have occurred since the original MGN was published; and

c) update other information, including contact details of organisations provided in the MGN, which have changed since the original was published.

Under the Maritime and Coastguard Agency’s (MCA) M Notice system, Marine Guidance Notes (MGN) are guidance (although some of the content of MGNs may be mandatory by virtue of the fact it appears in a mandatory document elsewhere).

The consultation period will run for 4 weeks from 5 January to 5 February 2022.

The consultation documents accompany this consultation letter.

2. Background

MGN 306(M) was originally published in 2006 to supplement MSN 1789(M) and the Merchant Shipping (Passenger Ships on Domestic Voyages) (Amendment) (No.2) Regulations 2004 (SI 2004/2883) (“the Regulations”) implementing Directive 2003/24/EC on safety requirements for persons with reduced mobility.

Although the UK has since left the European Union, the UK is still committed to ensuring that the needs of persons with reduced mobility are met. The Regulations and MSN 1789(M) have been retained in UK law following the UK’s exit, and as mandatory legislative instruments may not be changed without a legislative project including parliamentary approval.

A revised version MSN 306(M), known as “Amendment 1” accompanies this letter.

3. Changes to be reflected in the revised version of MGN 306(M)

The proposed changes to MGN 306(M) comprise general updating of the MGN, highlighting of obligations brought about by Regulation (EU) 1177/2010 on passenger rights (which post-dates the original version of the MGN) and the updating of contact details for organisations which can further advise on the subject matter of the MGN.

4. We would like to hear from you

We would welcome your comments about the proposed MGN. We are particularly interested in hearing your comments on the following aspects of the draft MGNs:

a) any content which you believe to be inaccurate:

b) any typographical errors;

c) any non-statutory advice with which you disagree;

d) any content you believe is unclear;

e) any content you think is inappropriate to include, and should therefore be omitted;

f) any content which has been omitted which you believe should be included.

5. Responding to the consultation

You are invited to submit comments on the form provided at Annex A. As many MCA staff are still working remotely at present, it is requested that the completed form be scanned or photographed and a clearly readable copy be forwarded by e-mail to dpv@mcga.gov.uk. If you do not have access to e-mail, please telephone the MCA’s Passenger Vessel Team on 020 381 72379 or 72392 to discuss alternative options of submitting responses. This consultation will close on 5 February 2022.

A summary of consultation responses will be posted on the same GOV.UK page as the consultation in due course, and normally within 3 months of completion of the consultation. If you subscribe to notifications on the GOV.UK Policy and Consultations page, you will receive a notification when an Outcome Report is uploaded. Here is a link to the GOV.UK Policy and Consultations page: https://www.gov.uk/search/policy-papers-and-consultations . The “organisation” drop-down meu on the left had side can be used to select the MCA postings, this limiting your notifications to these.

6. Commenting on the way to consultation was conducted

An opportunity to comment on how the consultation was conducted is also available, and a form is provided for this at Annex B. If you have any such comments, it is requested that these comments also be forwarded electronically if possible - but these should be sent to consultation.coordinator@mcga.gov.uk. Please note that the Consultation co-ordinator is separate from the subject matter of the consultation and is not able to make changes to the draft documents. It is therefore important that any comments on the subject matter of the consultation (as opposed to the way it was conducted) are sent to dpv@mcga.gov.uk.

7. Freedom of Information

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances.

An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department/MCA. The MCA will process your personal data in accordance with the data protection framework and, in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.

8. Data Protection

The MCA is carrying out this consultation to gather evidence. The consultation is being carried out in the public interest to inform the development of guidance. This consultation and the processing of personal data that it entails is necessary for the exercise of our functions as a government department. If your answers contain information that allows you to be identified, under data protection law, the MCA, as an Executive Agency of the Department for Transport, will be the Controller for this information.

The MCA will use your contact details to send you information about the consultation, for example if we need to ask follow-up questions, as part of its functions as a government department. Your information will be kept secure and will not be used for any other purpose without your permission.

To find out more about how the MCA looks after personal data, your rights, and how to contact our data protection officer, please go to: https://www.gov.uk/government/organisations/maritime-and-coastguard-agency/about/personal-information-charter

Your information will be kept securely on the MCA’s IT system and any written responses will be held in a secure file and cabinet and kept until no longer required.

If you do not wish to remain on this consultation list, please reply and let us know at dpv@mcga.gov.uk.

Yours faithfully,

Matt Giacomini Ship Standards Policy Lead (Passenger Ships)

Please find attached to this consultation:

Annex A: Questionnaire on the subject matter of the consultation.

Annex B: MCA consultation feedback form, for comments on the way in which the consultation was conducted.