The Merchant Shipping (Safety of Navigation) (Amendment) Regulations 2025

Statutory Instruments

2025 No. 134

Merchant Shipping

The Merchant Shipping (Safety of Navigation) (Amendment) Regulations 2025

Made

10th February 2025

Laid before Parliament

11th February 2025

Coming into force

5th March 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 85(1), (3)(a), (c), (d), (e), (f), (g), (k), (l), (n), (o), (p) and (q), and (5) to (7), 86(1)(a), (b), (c) and (d), 302(1) and 306A of the Merchant Shipping Act 1995(1), and with the consent of the Treasury.

The Secretary of State has consulted such persons in the United Kingdom as the Secretary of State considers will be affected by the exercise of powers in this instrument in accordance with section 86(4) of the Merchant Shipping Act 1995.

Citation and commencement

1.—(1) These Regulations may be cited as the Merchant Shipping (Safety of Navigation) (Amendment) Regulations 2025.

(2) These Regulations come into force on 5th March 2025.

Amendment of the Merchant Shipping (Safety of Navigation) Regulations 2020

2.—(1) The Merchant Shipping (Safety of Navigation) Regulations 2020(2) are amended as follows.

(2) In regulation 5 (safety of navigation requirements)—

(a) in paragraph (3)—

(i) omit sub-paragraph (c)(iii);

(ii) after sub-paragraph (c), insert—

“(ca) regulation 19 in Chapter V(3), except for paragraphs 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.6, 2.1.7 and 2.1.8 (navigational equipment and arrangements), does not apply to—

(i) ships which are not passenger ships and are not sea-going;

(ii) ships of Class V;”;

(iii) after sub-paragraph (d), insert—

“(da) paragraph 2.4 of regulation 19 in Chapter V (automatic identification system) does not apply to ships of Class IV;”;

(iv) in sub-paragraph (h)—

(aa) for “27”, substitute “26”;

(bb) at the end of paragraph (ii), omit “and”;

(v) after sub-paragraph (h), insert—

“(ha) regulation 27 in Chapter V (nautical charts and nautical publications) does not apply to—

(i) pleasure vessels below 150 gross tons engaged on any voyage;

(ii) ships which are not passenger ships and are not sea-going;

(iii) ships of Class V; and”;

(b) in paragraph (5)—

(i) after the definition of “Merchant Shipping Notice”, insert—

““passenger” means a person other than—

(a)

the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; or

(b)

a child under one year of age;

“passenger ship” means a ship which carries more than 12 passengers;”;

(ii) at the end of the definition of “sea-going”, insert—

“;

ships of Class IV” means passenger ships engaged only on voyages in Category A, B, C or D waters;

“ships of Class V” means passenger ships engaged only on voyages in Category A, B or C waters.”.

Amendment of the Merchant Shipping (Fees) Regulations 2018

3.—(1) The Merchant Shipping (Fees) Regulations 2018(4) are amended as follows.

(2) In the table in paragraph 5 of Part 1 of Schedule 1 (fees under the Merchant Shipping Act 1995), under heading H (radio and navigational equipment), in respect of the entry for the Merchant Shipping (Safety of Navigation) Regulations 2020, in the third column for “None”, substitute—

“2022/1219

2025/134”.

Signed by authority of the Secretary of State for Transport

Michael Kane

Parliamentary Under Secretary of State

Department for Transport

10th February 2025

We consent to the making of these Regulations

Vicki Foxcroft

Anna Turley

Two of the Lords Commissioners of His Majesty’s Treasury

5th February 2025

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping (Safety of Navigation) Regulations 2020 (S.I. 2020/673) (“the 2020 Regulations”) in order to implement certain requirements in Chapter V of the Annex to the International Convention for the Safety of Life at Sea, 1974 (“the Convention”), relating to the safety of navigation of ships.

Regulation 5 of the 2020 Regulations prescribes the requirements of Chapter V which apply to ships within the scope of those Regulations and makes provision exercising the right of Contracting States to derogate from certain requirements of Chapter V.

Regulation 5(2)(h) of the 2020 Regulations applies the requirements in regulation 19 of Chapter V (carriage requirements for shipborne navigational systems and equipment) to ships, but regulation 5(3)(c) and (d) makes provision for exceptions from regulation 19 for specified categories of ships. Regulation 5(3)(c)(iii) excepts all ships which are not sea-going from all the requirements of regulation 19, save for certain specified requirements in regulation 19.2.1 (navigational equipment and arrangements). Regulation 5(3)(h) excepts pleasure vessels below 150 gross tons engaged on any voyage and all ships which are not sea-going from the requirements of regulations 24 to 27 of Chapter V (requirements relating to use of heading and/or track control systems, operation of steering gear, steering gear testing and drills and nautical charts and nautical publications).

Regulation 2 of these Regulations amends regulation 5(3) of the 2020 Regulations so that regulation 19 of Chapter V does not apply to non-passenger ships which do not operate outside United Kingdom internal waters, or to Class V passenger ships (which are passenger ships operating in all but Category D waters, the most challenging area of United Kingdom internal waters), with an exception for navigational equipment and arrangements. A consequential amendment is made by way of new sub-paragraph (da) to ensure that the requirement for an automatic identification system does not apply to Class IV passenger ships (ships operating in every area of United Kingdom internal waters); other ships which are not seagoing are excepted from this requirement as a result of the insertion of new sub-paragraph (ca).

Regulation 2 also makes amendments in respect of the application of regulations 24 to 27 of Chapter V (heading and track control systems, steering gear and nautical charts and publications) to specific categories of ships. It amends regulation 5(3)(h) of the 2020 Regulations to provide that only regulations 24 to 26 of Chapter V (heading and track control systems, and operation and testing of steering gear) do not apply to pleasure vessels below 150 gross tons engaged on any voyage and ships which are not sea-going, and inserts new sub-paragraph (ha) to provide that regulation 27 of Chapter V (nautical charts and nautical publications) does not apply to pleasure vessels below 150 gross tons engaged on any voyage, other non-passenger ships which do not operate outside United Kingdom internal waters, or Class V passenger ships. As a result, the requirements of regulation 27 of Chapter V apply to Class IV passenger ships.

Regulation 3 makes consequential amendments to the Merchant Shipping (Fees) Regulations 2018.

The Convention and its Protocol of 1988 may be obtained in copy from the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR, and both are available on the Foreign, Commonwealth and Development Office (FCDO) treaties database ( https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=79786 ). The text of the IMO Resolutions which have amended the Convention and Protocol may be obtained from the IMO or are available at the IMO Index of Resolutions ( https://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Pages/MSC.aspx ), or on the FCDO treaties database ( https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/ ).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.

(1)

1995 c. 21. Sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), sections 8 and 29(2) and Schedule 7. Section 85 was amended by the British Overseas Territories Act 2002 (c. 8), section 2(3). Section 306A was inserted by the Deregulation Act 2015 (c. 20), section 106. There are other amendments but none is relevant.

(2)

S.I. 2020/673, amended by S.I. 2022/1219.

(3)

Chapter V is defined in regulation 2 of the Merchant Shipping (Safety of Navigation) Regulations 2020. Chapter V was revised and replaced by International Maritime Organization (IMO) Resolution MSC.99(73) (Cm 6001) and has been further amended by IMO Resolutions MSC.123(75) (Cm 6587), MSC.142(77) (Cm 7205), MSC.153(78) (Cm 6387), MSC.170(79), MSC.201(81), MSC.202(81), MSC.282(86), MSC.308(88), MSC.325(90) and MSC.350(92). The amendments to Chapter V are available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign and Commonwealth Office treaties database ( https://treaties.fco.gov.uk/responsive/app/consolidatedSearch/ ). See footnote (c) for further information on the Convention.

(4)

S.I. 2018/1104, amended by S.I. 2020/673. There are other amendments but none is relevant.