The Merchant Shipping (Polar Code) (Safety) Regulations 2021

Alternative design and arrangements U.K.

7.—(1) Structural arrangements, machinery and electrical installations, fire safety design and arrangement measures, and life-saving appliances and arrangements for ships to which these Regulations apply, may deviate from the requirements of chapters 3, 6, 7 and 8 of part 1-A of the Polar Code (“the relevant chapters”), provided that any alternative design or arrangement—

(a) meets the intent of the goal and functional requirements of the relevant chapters; and

(b) provides an equivalent level of safety to the requirements in those chapters.

(2) In relation to a ship to which paragraph (1) applies—

(a) an alternative design or arrangement must be subjected to an engineering analysis in accordance with regulation 4 of Chapter XIV (alternative design and arrangement); and

(b) a copy of the engineering analysis must be provided by the owner to the Secretary of State.

(3) In relation to the alternative design or arrangement and the engineering analysis mentioned in paragraph (2), the Secretary of State—

(a) must evaluate and, if satisfied that the requirements of regulation 4 of Chapter XIV are met, approve the engineering analysis; and

(b) if satisfied that the alternative design or arrangement is at least as effective as that required by the relevant chapters, must approve the alternative design or arrangement.

(4) Where there are changes to the assumptions and operational restrictions stipulated in the alternative design or arrangement approved in accordance with paragraph (3)—

(a) a further engineering analysis must be carried out which takes into account the changed assumptions and operational restrictions; and

(b) where the alternative design or arrangement requires amendment, this must be evaluated and, if satisfied that such alternative design or arrangement is at least as effective as that required by the relevant chapters, approved by the Secretary of State.

(5) An approval given under paragraph (3) or (4) may, on the giving of reasonable notice, be continued, altered or cancelled.

(6) An approval given under paragraph (3) or (4), or a continuation, alteration or cancellation under paragraph (5), must—

(a) be in writing;

(b) specify the date on which it takes effect; and

(c) specify the terms, if any, on which it is given.

(7) The requirement that the approval referred to in paragraph (3) or (4), or a continuation, alteration or cancellation under paragraph (5), be in writing is satisfied where the text of the approval, continuation, alteration or cancellation is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

(8) Any alternative design or arrangement deviating from the requirements of the relevant chapters, together with the technical and operational measures and conditions for the approved deviation, must be recorded in the ship’s Polar Ship Certificate and the ship’s Polar Water Operational Manual.

Commencement Information

I1 Reg. 7 in force at 6.1.2022, see reg. 1(1)