Subsidiary Legislation · As enacted
Merchant Shipping (Medical Stores) Regulations, 2008
Official textFrom Attorney General's Chambers, unchanged
s 1These Regulations may be cited as the Merchant Shipping (Medical Stores)
Regulations, 2008.
Interpretation.
s 2In these Regulations, unless the context otherwise requires-
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"Category A ship" means a seagoing ship with no limitation on length of trips;
"Category B ship" means a seagoing ship making trips of less than 150
nautical miles from the nearest port with adequate medical equipment or a seagoing ship making trips of less than 175 nautical miles from the nearest port with adequate medical equipment and which remain continuously within range of helicopter rescue services;
"Category C ship" means a ship staying not more than 30 nautical miles from shore or a ship with no cabin accommodation other than a wheelhouse;
"crew" means all persons, including the master, employed in any capacity on board a ship;
!!dangerous substances 11 means any chemical substance listed in the following IMO publications -
the General Index of the International Maritime Dangerous Goods
Code;
the Index of Dangerous Chemicals Carried in Bulk; and
Chapter XIX of the International Code for the Construction and
Equipment of Ships Carrying Liquefied Gases in Bulk;
"IMDG Code" means the International Maritime Dangerous Goods Code published by IMO and any amendments thereof;
"IMO" means the International Maritime Organisation;
"medical practitioner" means a medical practitioner registered under the
Medical Practitioners and Dentists Act (Chapter 112L and includes a
Government medical officer;
"medical store" includes medicine, medical equipment and antidote;
"MFAG" means the IMO Medical First Aid Guide for Use in Accidents
Involving Dangerous Goods and any amendments thereof, for use in association with the IMDG Code;
"owner", in relation to a ship, means the registered owner of the ship unless the ship has been chartered by bareboat or is managed, either wholly or in part, by a person other than the registered owner under the terms of a management agreement in which case, "owner" includes the bareboat charterer or the person managing the ship, as the case may be;
"pharmacist" means any person -
{a) whose name has been registered in the register of pharmacists maintained in pursuance of section 6 of the Pharmacists Registration Order,
2001 (S 21/01); or
{b) who holds any degree, diploma or licence in pharmacy approved by the Medical Board established by section 13(1) of the Medical
Practitioners and Dentists Act (Chapter 112);
"Ship Captain's Medical Guide 11 means the latest edition of the publication of that name published on behalf of the Maritime and Coastguard Agency of the United Kingdom;
"tugn means a vessel constructed solely for the purpose of, and normally used for, providing external motive power for floating objects or vessels;
"voyage" means a journey from a port to the next port of call of a ship (which may be the same port).
Application.
s 3These Regulations shall apply to all Brunei Darussalam ships other than -
{a)
ships employed solely for service within a river;
{b)
pleasure crafts, used for non-commercial purposes and not manned by professional crews;
{c)
tugs operating in harbour areas.
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Carriage of medical stores.
s 4( 1)
Every Category A and Category B ships shall carry on board medical stores in accordance with the First Schedule.
Every seagoing ship of Category C shall carry on board medical stores in accordance with the Second Schedule.
Ships without doctors as crew members.
s 5( 1)
Every Category A and Category B ships carrying more than 12
passengers but without a qualified doctor as a member of the crew shall, in addition to the medical stores specified in the First and Second Schedules, carry additional requirements in accordance with Part A of the Third Schedule.
All the medicines required to be carried in accordance with Part A of the Third Schedule shall be kept in a doctor's case.
The doctor's case shall be locked and kept in a locked cabinet and the keys to the case and cabinet shall be kept in the possession of the master or any person nominated by him.
The doctor's case should be labelled clearly as follows-
"The medicines in this case are to be used only by a qualified medical practitioner, registered general nurse, qualified paramedic or by any person under the direct supervision of a medical practitioner on board the ship.".
The obtaining, use and disposal of drugs from the doctor's case shall be recorded in the ship's controlled drugs register as specified in Annex 1 and
Annex 2 of the Eighth Schedule.
{a}
Passenger ships of Category A and Category B shall carry one first aid kit for every 100 persons or fraction of that number that they are certified to carry, subject to a maximum of 3 first aid kits. One first aid kit shall be kept in the doctor's case.
(b} The first aid kit shall consist of items specified in Part B of the
Third Schedule.
Passenger ships of Category C shall, in addition to the medical stores required to be carried under regulation 4(2), carry a maximum of 3 first aid kits distributed round the ships and each first aid kit shall contain items specified in
Part B of the Third Schedule.
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Standards of medical stores.
s 6
All medical stores kept on board a ship in accordance with these Regulations shall conform to the standards and requirements of the British Pharmacopoeia, the European Pharmacopoeia or the United States Pharmacopoeia, and with the requirements and specifications set out in the First and Second Schedules.
Packaging and labelling of containers.
s 7( 1)
Without prejudice to any other written law, any container of medical stores required by these Regulations to be kept on board a ship -
{a)
shall have in English on a label the particulars specified in sub-regulation (3);
in the case of a container of tablets or capsules, shall be capable of reclosure to prevent ingress of moisture;
in the case of a container of disinfectant, shall not show deleterious reaction with the disinfectant after storage in normal conditions for 6 months;
in the case of an insecticide, shall be airtight, watertight, packed in a suitable and sturdy case and, if the container is a pressure canister, have a cap or other means of protecting the valve against accidental opening when the canister is not in use; and
in the case of medicine or disinfectant not in the container supplied by its manufacturer, shall be packed in a sturdy, brown-coloured or non-translucent container.
Any label referred to in sub-regulation ( 1 )(a) shall either be firmly affixed to the container and rendered resistant to moisture by varnish or other effective means or be an integral part of the container.
The particulars required by sub-regulation (1)(a) to be shown on labels are-
the ordering name by which the medicine or medical store is referred to in the First and Second Schedules;
any storage requirements laid down in any of the publications referred to in regulation 6, or elsewhere in these Regulations;
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if the medical stores are perishable, the expiry date as defined in regulation 10;
f d)
the name and address of the supplier of the medical stores, the product licence number and batch number;
in the case of any container of a disinfectant prescribed in any of the scales set out in the First and Second Schedules, the dilution shall conform with the specifications laid down in Part 1 of the Sixth Schedule;
ff)
in the case of any container of an insecticide prescribed in any of the scales set out in the First and Second Schedules, it shall conform with the specifications laid down in Part 2 of the Sixth Schedule; and
in the case of a container of hypochlorite, a notice indicating that the chemical may combust spontaneously and that the hypochlorite should be stored in a cool dark place.
Storage of medicines.
s 8( 1)
Any medicine shall be stored in accordance with the instructions on its container.
Any medicine which is a controlled drug shall be stored in accordance with the requirements for controlled drugs specified in the Eighth Schedule.
Subject to sub-regulation (2), any medicine under sub-regulation (1)
shall, unless it is required to be kept in a refrigerator or in a first-aid satchel or box, be stored -
fa) in the medical cabinet; or
in a cool, dry, locked cabinet or locked container.
Administering medicines.
Any medicine set out in the First and Second Schedules shall, when administered, so far as possible, adhere to the guidelines specified in the Eighth
Schedule. The table in the Eighth Schedule is designed to be used in conjunction with the Ship Captain's Medical Guide.
Antidote carried under the requirements of regulation 13 shall, when administered, comply with the dosage recommended by the MFAG.
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Replenishment of dated medical stores.
Where
{a)
a ship is required to have on board any medical store in accordance with any of the scales set out in the First and Second Schedules;
and
{b) any label required by regulation 7(1){a) to be borne by any container of any such medical store, indicates a date after which the medical store contained in it is not to be used (hereafter called the expiry date), that medical store shall be replaced at the earliest possible date after the expiry date, and in any event within 3 months of the expiry date.
Medical stores which have passed the expiry date shall, once replacements have been obtained, or after 3 months, whichever is the earlier, be disposed of. Controlled drugs shall be disposed of in accordance with the provisions of the Misuse of Drugs Regulations (Rg 1 of Chapter 27).
Carriage of publications.
s 11
A ship to which these Regulations apply shall carry the publications specified in the Fifth Schedule.
Inspection of medical stores.
s 12
The medical stores shall be inspected at least once in every 12 months by a competent person or authority who, on being satisfied that the ship is provided with medical stores in accordance with the appropriate scale, shall issue a certificate to that effect.
Ships carrying dangerous substances.
s 13( 1)
The master of any ship carrying a dangerous substance as whole or part of the cargo, or any residue of a dangerous substance from earlier voyages, shall ensure that the correct antidote to the dangerous substance is carried. The master shall comply with the requirements set out in the Fourth Schedule.
In addition to the requirements under sub-regulation (1), the ship shall also carry the required additional quantity of such antidote and ancillary equipment as specified in the MFAG.
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Additional medical supplies.
s 14
There shall be kept on board every ship on a voyage on which a qualified doctor is carried as a member of the crew any additional supplies which the doctor may reasonably require, having regard to the size of the crew, the number of passengers on board and the intended voyage.
Ships operating in malarial areas.
s 15
Ships operating in the malarial areas shall take preventive measures as specified in the Seventh Schedule.
Offences.
If any provision of these Regulations is contravened, the owner of the ship shall be guilty of an offence and liable on conviction to a fine not exceeding
$5,000.
It shall be a defence for any person charged in connection with a contravention of any provision of these Regulations to show that the deficiency was caused by medical stores being used for their proper purpose and that it has not been reasonably practicable to replace them.
It shall be a defence for a person charged under these Regulations to show that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.
Exemptions.
s 17
The Director may exempt any person or ship or class of persons or ships from all or any of the provisions of these Regulations on such conditions as he may specify and may, subject to giving reasonable notice, alter or cancel any such exemption granted.
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