The Merchant Shipping (Nuclear Ships) Regulations 2022

PART 1 U.K. Preliminary

Citation, commencement, extent and amendments U.K.

1.—(1) These Regulations may be cited as the Merchant Shipping (Nuclear Ships) Regulations 2022 and come into force on 8th December 2022.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

(3) The amendments listed in the Schedule have effect.

Commencement Information

I1 Reg. 1 in force at 8.12.2022, see reg. 1(1)

Interpretation U.K.

2.—(1) In these Regulations—

“Certifying Authority” has the meaning given to it in regulation 4 of the Merchant Shipping (Survey and Certification) Regulations 2015(1) (certifying authorities);

“Chapter I” means Chapter I in the Annex to the Convention (general provisions);

“Chapter VIII” means Chapter VIII in the Annex to the Convention (nuclear ships);

“construction” means, in the context of a nuclear ship, the point at which the keel is laid or which is at a similar stage of construction, and “similar stage of construction” means the stage at which—

(a)

construction identifiable with a specific ship begins; and

(b)

assembly of that ship has commenced comprising at least 50 tons or 1% of the estimated mass of all structural material, whichever is less,

and “constructed” is to be construed accordingly;

“Convention” means the International Convention for the Safety of Life at Sea, 1974(2);

“Convention country” means a country or territory which is either a country the Government of which is party to the Convention or a territory to which the Convention extends whether or not it is subject to the amendments to, or reservations in respect of, the Convention;

“flag administration” means the administration of the State whose flag a ship is entitled to fly;

“initial survey” means the survey of that description in Merchant Shipping Notice 1751 (M+F) (Amendment 1)(3);

“Merchant Shipping Notice” means a notice described as such and issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and includes a reference to any document amending or replacing that notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

“Nuclear Code” means the Code of Safety for Nuclear Merchant Ships, as adopted by International Maritime Organization Resolution A.491(XII) on 19th November 1981(4);

“nuclear ship” means any ship to which the Merchant Shipping Act 1995 applies, the normal mode of propulsion of which is based upon nuclear energy and whose characteristics are those of conventional displacement ships;

“Nuclear Ship Safety Certificate” means either a “Nuclear Passenger Ship Safety Certificate” or a “Nuclear Cargo Ship Safety Certificate” issued in accordance with regulation 10 of Chapter VIII;

“nuclear steam supply system” means that part of a reactor installation intended for steam generation;

“reactor installation” means a nuclear reactor, which comprises any plant, including any machinery, equipment or appliance, whether affixed to land or not, designed or adapted for the production of atomic energy by a fission process in which a controlled chain reaction can be maintained without an additional source of neutrons;

“prescribed fee” means the fee prescribed by the Secretary of State under section 302 of the Merchant Shipping Act 1995 (fees)(5);

“renewal survey” means the survey of that description in Merchant Shipping Notice 1751 (M+F) (Amendment 1);

“REPPIR regulations” means—

(a)

in England and Wales, and Scotland, the Radiation (Emergency Preparedness and Public Information) Regulations 2019(6); and

(b)

in Northern Ireland, the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2019(7);

“sea” includes any estuary or arm of the sea but does not include Category A, B, C or D waters and for the purposes of this definition “Category A, B, C or D waters” means the waters specified as such in Merchant Shipping Notice 1837(M) Amendment 2(8);

“United Kingdom nuclear ship” means a United Kingdom ship within the meaning of section 85(2) of the Merchant Shipping Act 1995 which is a nuclear ship;

“valid” means in force and “validity” is to be construed accordingly.

(2) Any reference in these Regulations to the Nuclear Code includes any amendment or replacement of that Code which is considered by the Secretary of State to be relevant from time to time and which is specified in a Merchant Shipping Notice.

(3) Any reference in the Nuclear Code to a matter that is expressed as a matter that “should” be discharged, must be read as an obligation to discharge.

Commencement Information

I2 Reg. 2 in force at 8.12.2022, see reg. 1(1)

Application U.K.

3.—(1) Subject to paragraphs (2) and (3), these Regulations apply to nuclear ships which are—

(a) United Kingdom nuclear ships, wherever they may be; and

(b) non-United Kingdom nuclear ships while they are within United Kingdom waters.

(2) These Regulations do not apply to—

(a) ships of war and naval auxiliary ships; or

(b) ships owned or operated by a State and engaged only on governmental non-commercial service.

(3) A non-United Kingdom nuclear ship flying the flag of a State which is not a Convention country is not subject to these Regulations if it would not have been in United Kingdom waters but for stress of weather or any other circumstances which the master, owner or charterer could not have prevented.

Commencement Information

I3 Reg. 3 in force at 8.12.2022, see reg. 1(1)

Ambulatory reference U.K.

4.—(1) In these Regulations, any reference to Chapter I or Chapter VIII is to be construed—

(a) as a reference to Chapter I or Chapter VIII as modified from time to time; and

(b) as, if Chapter I or Chapter VIII is replaced, a reference to the replacement.

(2) For the purposes of paragraph (1), Chapter I or Chapter VIII is modified or replaced if the modification or replacement takes effect in accordance with Article VIII of the Convention.

(3) A modification or replacement of Chapter I or Chapter VIII has effect at the time such modification or replacement comes into force in accordance with Article VIII of the Convention.

Commencement Information

I4 Reg. 4 in force at 8.12.2022, see reg. 1(1)

Equivalents U.K.

5.—(1) Where these Regulations or the Nuclear Code require that—

(a) a particular fitting, material, appliance or apparatus, or a type of fitting, material, appliance or apparatus, be fitted on, or carried in, a nuclear ship;

(b) any particular arrangement be made on, or in relation to, a nuclear ship; or

(c) any particular provision be made in relation to a nuclear ship,

the Secretary of State may approve any other fitting, material, appliance, apparatus, arrangement or other provision if satisfied that it is at least as effective as that required by these Regulations or the Nuclear Code.

(2) An approval given under paragraph (1) may, on the giving of reasonable notice, be continued, altered or cancelled.

(3) An approval given under paragraph (1), or a continuation, alteration or cancellation under paragraph (2), 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.

(4) The requirement that the approval referred to in paragraph (1), or a continuation, alteration or cancellation under paragraph (2), 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.

(5) An approval given under paragraph (1), or a continuation, alteration or cancellation under paragraph (2), must be recorded in the safety assessment referred to in regulation 13 (safety assessment – operational requirements).

Commencement Information

I5 Reg. 5 in force at 8.12.2022, see reg. 1(1)

Approvals U.K.

6.—(1) The Secretary of State, or any person authorised by the Secretary of State, may give an approval in relation to a United Kingdom nuclear ship for anything in the Nuclear Code requiring to be—

(a) approved by the ship’s flag administration;

(b) done to the satisfaction of such administration; or

(c) acceptable to that administration(9).

(2) An approval given under—

(a) paragraph (1);

(b) regulation 7 (safety assessment);

(c) regulation 10 (approval of reactor installation);

[F1 (ca) regulation 13(3) (approval of change to safety assessment in operational phase);]

(d) regulation 14 (operating manual);

(e) regulation 18(1) (manning and training); or

(f) regulation 20 (surveys of United Kingdom nuclear ships),

may, on the giving of reasonable notice, be continued, altered or cancelled.

(3) An approval mentioned in paragraph (2) or a continuation, alteration or cancellation under that paragraph, 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.

(4) The requirement that an approval mentioned in paragraph (2), or a continuation, alteration or cancellation under that paragraph, 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.

Textual Amendments

F1 Reg. 6(2)(ca) inserted (29.3.2023) by The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023 (S.I. 2023/246), regs. 1(1), 22(2)

Commencement Information

I6 Reg. 6 in force at 8.12.2022, see reg. 1(1)

PART 2 U.K. Special requirements for nuclear ships

Safety assessment U.K.

7.—(1) A United Kingdom nuclear ship must not be constructed unless a safety assessment has been prepared and approved by the Secretary of State.

(2) The safety assessment referred to in paragraph (1) must—

(a) in accordance with regulation 7 of Chapter VIII (safety assessment), evaluate the nuclear power plant and safety of the ship in order to ensure that there are no unreasonable radiation or other hazards, at sea or in port, to the crew, passengers or public, or to waterways, food or water resources;

(b) contain the matters set out in the following provisions in the Nuclear Code—

(i) paragraphs 1.4.5 and 1.4.6 in Chapter 1 (principles of risk assessment);

(ii) paragraph 7.2.2 in Chapter 7 (content of safety assessment); and

(iii) paragraph 8.1.7 in Chapter 8 (specification of surveys etc.), where appropriate; and

(c) take into account any advancements made in nuclear technology and safety standards.

(3) Subject to payment of the prescribed fee, the Secretary of State must approve the safety assessment referred to in paragraph (1), and any change to it, if satisfied that the requirements in paragraph (2) have been met.

(4) For the purposes of this regulation, “nuclear power plant” means that part of the reactor installation that produces steam for propulsion.

Commencement Information

I7 Reg. 7 in force at 8.12.2022, see reg. 1(1)

Design and construction of nuclear ships U.K.

8.  A nuclear ship must be designed and constructed in accordance with the following provisions of the Nuclear Code—

(a) paragraphs 1.3.2, 1.3.3, 1.3.5, 1.3.6, 1.3.8 to 1.3.11 and 1.9.2 in Chapter 1 (general safety principles);

(b) Chapter 2 (design criteria and conditions);

(c) Chapter 3 (ship design, construction and equipment);

(d) Chapter 4 (nuclear steam supply system);

(e) Chapter 5 (machinery and electrical installations); and

(f) paragraphs 6.2, 6.4.1 to 6.4.5, 6.4.9, 6.4.10, 6.5.1 to 6.5.9, 6.6.2, 6.7.3, 6.8.1, 6.8.4, 6.9 and 6.10 in Chapter 6 (radiation safety).

Commencement Information

I8 Reg. 8 in force at 8.12.2022, see reg. 1(1)

Suitability of reactor installation for service on board a ship U.K.

9.  The reactor installation must be designed having regard to the special conditions of service on board a nuclear ship in both normal and exceptional circumstances of navigation.

Commencement Information

I9 Reg. 9 in force at 8.12.2022, see reg. 1(1)

Approval of reactor installation U.K.

10.  For the purposes of the operation of a United Kingdom nuclear ship, the design, construction, and standards of inspection and assembly of the reactor installation must be approved by the Secretary of State, or any person authorised by the Secretary of State, taking into account the limitations on surveys of the reactor installation as a consequence of the presence of radiation.

Commencement Information

I10 Reg. 10 in force at 8.12.2022, see reg. 1(1)

Radiation safety U.K.

11.—(1) A nuclear ship must comply with each of the following requirements relating to radiation safety in Chapter 6 of the Nuclear Code (radiation safety)—

(a) paragraphs 6.3 and 6.4 (protection of persons and dosimetry and monitoring); and

(b) paragraphs 6.5.9 to 6.5.11, 6.6.1, 6.6.3, 6.6.4, 6.7.1, 6.7.2, 6.8.2 and 6.8.3 (radioactive waste management),

that applies to that ship.

(2) For the purposes of paragraph (1), where there is a conflict between the requirements of the REPPIR regulations and paragraph (1), the requirements of the REPPIR regulations take precedence.

Commencement Information

I11 Reg. 11 in force at 8.12.2022, see reg. 1(1)

PART 3 U.K. Operating requirements for nuclear ships

General operating requirements for nuclear ships U.K.

12.—(1) Subject to the particular operating requirements in this Part, a nuclear ship must be operated in accordance with the operating requirements in paragraph 7.1 in Chapter 7 of the Nuclear Code (operating requirements for a nuclear merchant ship).

(2) For the purposes of paragraph (1), where there is a conflict between the requirements of the REPPIR regulations and paragraph (1), the requirements of the REPPIR regulations take precedence.

Commencement Information

I12 Reg. 12 in force at 8.12.2022, see reg. 1(1)

Safety assessment – operational requirements U.K.

13.—(1) A nuclear ship must be operated in compliance with the required safety assessment, which—

(a) in the case of a United Kingdom nuclear ship, is the safety assessment referred to in regulation 7 (safety assessment);

(b) in the case of a non-United Kingdom nuclear ship, is the safety assessment required by regulation 7 of Chapter VIII (safety assessment) and containing the matters described in regulation 7(2) of these Regulations.

(2) The safety assessment is subject to each of the following requirements—

(a) it must be kept up to date;

(b) it must be kept on board the nuclear ship;

(c) it must be readily available for examination at all times.

(3) In the case of a United Kingdom ship, for the purposes of keeping the safety assessment up to date in accordance with the requirement in sub-paragraph (a) of paragraph (2), any change to the safety assessment must be approved by the Secretary of State.

(4) Subject to payment of the prescribed fee, the Secretary of State must approve any change to the safety assessment referred to in paragraph (3), if satisfied that the requirements in paragraph (2) of regulation 7 have been met.

(5) The safety assessment must be made available to the Secretary of State at least 12 months before the arrival of a nuclear ship in United Kingdom waters.

Commencement Information

I13 Reg. 13 in force at 8.12.2022, see reg. 1(1)

Operating manual U.K.

14.—(1) An operating manual for a nuclear ship must—

(a) be prepared for the information and guidance of the crew of the ship in accordance with regulation 8 in Chapter VIII (operating manual);

(b) include the information referred to in—

(i) paragraph 7.2.3 in Chapter 7 of the Nuclear Code (content of the operating manual); and

(ii) paragraph 8.1.7 in Chapter 8 of the Nuclear Code (specification of surveys etc.);

(c) make provision for nuclear waste management as described in paragraphs 6.5 to 6.9 of the Nuclear Code (management of radioactive waste); and

(d) be approved—

(i) in the case of a United Kingdom nuclear ship, by the Secretary of State;

(ii) in the case of a non-United Kingdom nuclear ship, by that ship’s flag administration.

(2) For the purposes of paragraph (1)(d)(i), the Secretary of State must approve the operating manual referred to in paragraph (1) if satisfied that—

(a) the requirements in that paragraph have been met; and

(b) the prescribed fee has been paid.

(3) A nuclear ship—

(a) must not be operated until the operating manual has been approved in accordance with paragraph (1)(d); and

(b) must be operated in compliance with its approved operating manual.

(4) When a nuclear ship and its reactor installation are being operated, the procedures referred to in paragraph 7.3.1 of the Nuclear Code (normal operating procedures) must be followed.

(5) The operating manual must be—

(a) kept up to date;

(b) kept on board the nuclear ship;

(c) readily available for examination at all times.

Commencement Information

I14 Reg. 14 in force at 8.12.2022, see reg. 1(1)

Additional operating documentation U.K.

15.—(1) In addition to the safety assessment required by regulations 7 (safety assessment) and 13 (safety assessment – operational requirements), the operating manual required by regulation 14 (operating manual) and the Nuclear Ship Safety Certificate required by regulation 21 (certification of nuclear ships), a nuclear ship must hold operating documentation reflecting the specific features of the construction and operation of the nuclear ship and which include the following operating documentation—

(a) certificates attesting to the nuclear training of the master and ship’s officers and other crew members holding specialised certification;

(b) radiation emergency plan;

(c) radiation muster list;

(d) records of surveys, functional tests and maintenance and repairs of the nuclear steam supply system; and

(e) registration logs and records for radiation control, radioactive waste management and fissile material inventory.

(2) Where the requirement for a radiation emergency plan specified in paragraph (1)(b) conflicts with the requirement for an operator’s emergency plan specified in the REPPIR regulations(10), the REPPIR regulations take precedence.

(3) The documentation referred to in paragraph (1) must be—

(a) kept up to date;

(b) kept on board the nuclear ship;

(c) readily available for examination at all times.

(4) All the technical information listed in paragraph 7.2.4 in Chapter 7 of the Nuclear Code (content of logs) involving the operation of the reactor installation must be recorded in accordance with the requirements of that paragraph.

(5) All the information relating to emergency plans and muster lists for a nuclear ship listed in paragraph 7.2.5 in Chapter 7 of the Nuclear Code (content of emergency plans and muster lists) must be prepared in accordance with the requirements of that paragraph.

(6) A schedule of surveys, functional tests, maintenance and repairs of the nuclear steam supply system equipment must be maintained in accordance with paragraph 7.2.6 in Chapter 7 of the Nuclear Code (information relating to nuclear steam supply system equipment).

Commencement Information

I15 Reg. 15 in force at 8.12.2022, see reg. 1(1)

Emergency operation procedures U.K.

16.  In the event of an emergency situation, the procedures contained in paragraph 7.4 in Chapter 7 of the Nuclear Code (emergency operation procedures) must be followed.

Commencement Information

I16 Reg. 16 in force at 8.12.2022, see reg. 1(1)

Maintenance and repair U.K.

17.  Maintenance and repair of a nuclear ship must be carried out in accordance with paragraph 7.5 in Chapter 7 of the Nuclear Code (maintenance and repair).

Commencement Information

I17 Reg. 17 in force at 8.12.2022, see reg. 1(1)

Manning and training U.K.

18.—(1) The crew of a nuclear ship must comprise—

(a) crew qualified and trained in accordance with paragraph 7.6 in Chapter 7 of the Nuclear Code (manning, training, qualification, updating of knowledge, drills and musters); and

(b) sufficient crew to operate the reactor installation safely, the minimum number of which must be approved by the Secretary of State in the case of a United Kingdom ship prior to operation of the reactor installation.

(2) A person providing the training required by paragraph (1) in the United Kingdom must be approved by the Secretary of State as a provider of training for crew on nuclear ships.

(3) The Secretary of State may approve a person as a provider of training for crew on nuclear ships if satisfied that that person—

(a) has the qualifications and experience appropriate to provide the training specified in paragraph 7.6 in Chapter 7 of the Nuclear Code; and

(b) has paid the prescribed fee.

(4) An approval may be given under paragraph (3) for a maximum period of five years from the date specified in the approval document.

(5) The Secretary of State may extend an approval given under paragraph (3) in maximum increments of five years if satisfied that—

(a) the approved training provider continues to meet the requirements in sub-paragraph (a) of paragraph (3); and

(b) has paid the prescribed fee.

(6) An approval given under paragraph (3), or an extension under paragraph (5), may, on the giving of reasonable notice, be altered, suspended or cancelled.

(7) An approval given under paragraph (3), an extension under paragraph (5), or an alteration, suspension or cancellation under paragraph (6), 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.

(8) The requirement that an approval given under paragraph (3), an extension under paragraph (5), or an alteration, suspension or cancellation under paragraph (6), be in writing is satisfied where the text of the approval, extension, alteration, suspension or cancellation is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

(9) If the Secretary of State intends to refuse to—

(a) approve a person under paragraph (3); or

(b) extend a person’s approval under paragraph (5),

the Secretary of State must give notice in writing to that person.

(10) A person approved under paragraph (3), or given an extension of an approval under paragraph (5), must continue to comply with the requirements in sub-paragraph (a) of paragraph (3) for the duration of the validity of the approval.

(11) The Secretary of State may require an approval given under paragraph (3), or an extension of an approval given under paragraph (5), to be surrendered.

(12) No person must—

(a) offer to provide, or provide, training or assessment of seafarers under this regulation without an approval given by the Secretary of State under this regulation;

(b) with intent to deceive, use, lend, or allow to be used by another an approval given under paragraph (3), or an extension of an approval given under paragraph (5);

(c) advertise or otherwise display an approval given by the Secretary of State under this regulation, which has expired, or has not been given to that person under this regulation;

(d) fail to surrender an approval required to be surrendered under paragraph (11).

Commencement Information

I18 Reg. 18 in force at 8.12.2022, see reg. 1(1)

Appeal against refusal, alteration, suspension or cancellation of an approval U.K.

19.—(1) A person—

(a) who is refused an approval pursuant to regulation 18 (manning and training) or an extension of an approval under that regulation; or

(b) whose approval under that regulation is subject to an alteration, suspension or cancellation of an approval under regulation 18(6) (alteration, suspension or cancellation of an approval),

may, within 21 days after receiving notice of such decision and before the date specified in the notice, request the Secretary of State to hold an inquiry.

(2) If an inquiry is requested by a person in accordance with paragraph (1), the Secretary of State must cause such an inquiry to be held by one or more persons appointed by the Secretary of State.

Commencement Information

I19 Reg. 19 in force at 8.12.2022, see reg. 1(1)

PART 4 U.K. Survey and certification of nuclear ships

Surveys of United Kingdom nuclear ships U.K.

20.—(1) A United Kingdom nuclear ship must comply with the following requirements in Chapter 8 of the Nuclear Code (surveys)—

(a) paragraph 8.1.6 (survey period and methods etc.);

(b) paragraph 8.1.7 (specification of surveys etc.);

(c) paragraph 8.1.8 (safety and decontamination measures during surveys).

(2) A United Kingdom nuclear ship that is in its construction phase, must be subjected to the survey described in paragraph 8.2 in Chapter 8 of the Nuclear Code (survey during construction).

(3) A United Kingdom ship that is in its trial phase, must be subjected to the survey described in paragraph 8.3 in Chapter 8 of the Nuclear Code (survey during trials).

(4) Before commencing the operations phase, a United Kingdom nuclear ship must be subjected to an initial survey.

(5) The initial survey must—

(a) include an inspection to check compliance with these Regulations;

(b) address any special requirements contained in the safety assessment required by regulation 7 (safety assessment) and in the operating manual required by regulation 14 (operating manual); and

(c) assess the nuclear ship against the requirements of the following provisions in Chapter I that apply to the particular ship being surveyed—

(i) regulation 7 (surveys of passenger ships);

(ii) regulation 8 (surveys of life-saving appliances and other equipment of cargo ships);

(iii) regulation 9 (surveys of radio installations of cargo ships);

(iv) regulation 10 (surveys of structure, machinery and equipment of cargo ships).

(6) A United Kingdom nuclear ship must be subjected to a renewal survey before the end of every period of 12 months following the issue of the ship’s Nuclear Ship Safety Certificate, or the renewal of it, and the renewal survey must include the matters referred to in the specification of the initial survey in paragraph (5).

[F2 (7) Notwithstanding the requirement for a renewal survey in paragraph (6), and subject to paragraph (8), a United Kingdom nuclear ship must be subjected to the supplemental periodical surveys, and at the frequencies specified, in paragraphs 8.4.3.1 to 8.4.3.4 in Chapter 8 of the Nuclear Code (periodical surveys of the nuclear steam supply system and supporting hull structure).

(8) A United Kingdom nuclear ship may be subjected to continuous surveys in accordance with paragraph 8.4.3.5 in Chapter 8 of the Nuclear Code—

(a) at the request of the Secretary of State; or

(b) with the approval of the Secretary of State,

in place of the supplemental periodical surveys required by paragraph (7).

(8A) Where continuous surveys are requested or approved in accordance with paragraph (8), a United Kingdom nuclear ship must be subjected to those continuous surveys.]

(9) Notwithstanding the requirements of [F3 paragraphs (6), (7) and (8A)], a United Kingdom nuclear ship must be subjected to the special surveys described in paragraph 8.5 in Chapter 8 of the Nuclear Code (special surveys, repairs, renewals and modifications).

(10) The requirement for a survey under paragraphs (2) to (4) and (6) to (9) is subject to the presence of potentially harmful levels of radiation on the ship.

(11) The results of all surveys and tests must be—

(a) recorded in a legible form and be capable of being used for subsequent reference;

(b) contain the information specified in paragraph 8.1.9 in Chapter 8 of the Nuclear Code (results of surveys and tests);

(c) kept in copy on board the nuclear ship;

(d) sent, in the form of a copy, to the Secretary of State on request;

(e) readily available for examination at all times.

(12) The Secretary of State may determine how and where the information referred to in paragraph (11) is to be kept for the lifetime of the nuclear ship or its reactor installation, as applicable.

(13) For the purposes of this regulation, “construction phase”, “operations phase” and “trial phase” have the meanings given to them in paragraph 8.1.2 in Chapter 8 of the Nuclear Code (phases of ship’s life cycle).

Textual Amendments

F2 Reg. 20(7)-(8A) substituted for reg. 20(7)(8) (29.3.2023) by The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023 (S.I. 2023/246), regs. 1(1), 22(3)(a)

F3 Words in reg. 20(9) substituted (29.3.2023) by The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023 (S.I. 2023/246), regs. 1(1), 22(3)(b)

Commencement Information

I20 Reg. 20 in force at 8.12.2022, see reg. 1(1)

Certification of nuclear ships U.K.

21.—(1) Subject to payment of the prescribed fee for a survey and on being notified that the surveyor—

(a) has carried out an initial survey or a renewal survey in respect of a United Kingdom nuclear ship in accordance with the requirements of regulation 20 (surveys of United Kingdom nuclear ships); and

(b) is satisfied at the date of the survey that the ship complies with each requirement of these Regulations, paragraphs (b) or (c) of regulation 10 of Chapter VIII (certificates) as the case may be, and the Nuclear Code applicable to it,

a Certifying Authority must issue a Nuclear Ship Safety Certificate in respect of that ship.

(2) A certificate issued under paragraph (1) must contain the statement required by paragraph (d) in regulation 10 of Chapter VIII (statement of convention compliance).

(3) The following certificates must be held on board a nuclear ship—

(a) in the case of a United Kingdom nuclear ship or a non-United Kingdom nuclear ship flying the flag of a Convention country, a valid Nuclear Ship Safety Certificate;

(b) in the case of a non-United Kingdom nuclear ship flying the flag of a State which is not a Convention country, a valid certificate issued in accordance with the requirements of that country for the purpose of operating as a nuclear ship.

(4) A certificate mentioned in paragraph (3)(a) or (b) must be readily available for examination at all times.

Commencement Information

I21 Reg. 21 in force at 8.12.2022, see reg. 1(1)

Duration and validity of a Nuclear Ship Safety Certificate U.K.

22.—(1) Subject to paragraph (2), a Nuclear Ship Safety Certificate must be issued, extended or further extended, as the case may be, for a period of validity of not more than one year.

(2) Where a Nuclear Ship Safety Certificate has been issued, extended or further extended for a period of less than one year and any survey required under regulation 20 (surveys of United Kingdom nuclear ships) has been satisfactorily completed, the Certifying Authority may extend the validity of the certificate so that the certificate is valid for a maximum period of one year.

Commencement Information

I22 Reg. 22 in force at 8.12.2022, see reg. 1(1)

Responsibilities of owner and master U.K.

23.—(1) The owner and master of a nuclear ship must ensure that—

(a) the ship and its equipment is maintained so that the ship in all respects remains fit to operate without danger to the ship or persons on board;

(b) in the case of a United Kingdom nuclear ship, after a survey of the ship required by regulation 20 (surveys of United Kingdom nuclear ships) has been completed, no change is made in the structural arrangements, machinery, equipment or other items covered by the survey, without the approval of the Certifying Authority;

(c) whenever an accident occurs to the ship or a defect is discovered, either of which affects the safety of the ship, it is reported at the earliest opportunity—

(i) in the case of a United Kingdom nuclear ship—

(aa) to the Certifying Authority and the Secretary of State; and

(bb) if the ship is in a port outside the United Kingdom, to the appropriate authorities of the country in which the port is situated; and

(ii) in the case of a non-United Kingdom ship, to the Secretary of State or a proper officer(11).

(2) If a report is made under paragraph (1)(c)(i)(aa) or paragraph (1)(c)(ii), the Certifying Authority, Secretary of State or proper officer, as the case may be, must determine whether a survey is necessary, and, if so, require one to be carried out.

(3) If the survey referred to in paragraph (2) shows that repairs are required, or if any important repairs or renewals are otherwise made to the ship or its equipment, a further survey must be carried out on the completion of those repairs or renewals.

Commencement Information

I23 Reg. 23 in force at 8.12.2022, see reg. 1(1)

Procedure to be adopted when a United Kingdom nuclear ship is deficient U.K.

24.—(1) Where a surveyor determines that the condition of a United Kingdom nuclear ship—

(a) does not correspond substantially with the particulars on the Nuclear Ship Safety Certificate issued in respect of the ship; or

(b) is such that the ship is not fit to proceed to sea without danger to the ship or to persons on board,

the surveyor must advise the owner or master of the corrective action which, in the surveyor’s opinion is required, and must notify the Certifying Authority.

(2) If such corrective action is not taken within such reasonable period as a surveyor may specify, the surveyor, or the Certifying Authority, must notify the Secretary of State in writing who may suspend the validity of the Nuclear Ship Safety Certificate issued in respect of that ship until the corrective action has been taken.

(3) Where the Secretary of State suspends the validity of the Nuclear Ship Safety Certificate issued in respect of a United Kingdom nuclear ship or reinstates the validity of the certificate, the Secretary of State must give notice in writing of such suspension or reinstatement to the owner and the surveyor and also to the Certifying Authority, who in turn must give notice to the master.

(4) The requirement that each notification under paragraphs (2) and (3) be in writing is satisfied where the text of the notification is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

Commencement Information

I24 Reg. 24 in force at 8.12.2022, see reg. 1(1)

Cancellation of Nuclear Ship Safety Certificate U.K.

25.—(1) The Secretary of State may cancel a Nuclear Ship Safety Certificate issued in respect of a United Kingdom ship where there is reason to believe that—

(a) the certificate was issued on the basis of false or erroneous information; or

(b) since any survey required by these Regulations, the structure, equipment or machinery has sustained damage or is otherwise deficient.

(2) The Secretary of State may require a Nuclear Ship Safety Certificate that has been—

(a) cancelled under paragraph (1); or

(b) issued in respect of a United Kingdom ship but which has expired,

to be surrendered.

(3) No person must—

(a) intentionally alter a Nuclear Ship Safety Certificate;

(b) intentionally make a false Nuclear Ship Safety Certificate;

(c) in connection with a survey referred to in regulation 20 (surveys of United Kingdom nuclear ships), knowingly or recklessly furnish false information;

(d) with intent to deceive, use, lend, or allow to be used by another, a Nuclear Ship Safety Certificate; or

(e) fail to surrender a Nuclear Ship Safety Certificate required to be surrendered under paragraph (2).

Commencement Information

I25 Reg. 25 in force at 8.12.2022, see reg. 1(1)

Arbitration U.K.

26.—(1) If an applicant is dissatisfied for any reason with the outcome of a survey carried out in respect of a United Kingdom nuclear ship, that person may serve a written notice on the responsible person within 21 days of receiving notice of that outcome—

(a) stating that there is a dispute in relation to the survey; and

(b) requesting that the dispute be referred to a single arbitrator.

(2) Subject to paragraphs (3), (4) and (6), an arbitrator referred to in paragraph (1) must be appointed by agreement between the parties.

(3) In default of agreement between the parties, the arbitrator is such person as may be appointed by the President or Vice President of the Chartered Institute of Arbitrators following a request by—

(a) a party, after giving written notice to the other party; or

(b) the parties jointly,

but this paragraph does not apply in Scotland.

(4) No person is to be an arbitrator under this regulation unless that person is—

(a) a person who holds a certificate of competency as a Class 1 Deck Officer or Class 1 Marine Engineer Officer, or a certificate of competency which is equivalent to such a certificate;

(b) a naval architect;

(c) a qualified person;

(d) a person with experience of shipping matters; or

(e) a Member of the Chartered Institute of Arbitrators.

(5) An arbitrator appointed under this regulation has the powers of an inspector conferred by section 259 of the Merchant Shipping Act 1995.

(6) In the application of this regulation to Scotland—

(a) any reference to an arbitrator is to be construed as a reference to an arbiter; and

(b) the reference in paragraph (2) to an arbitrator appointed by agreement between the parties is to be construed as a reference to a single arbiter so appointed or, in default of agreement, appointed by a sheriff.

(7) The rules for arbitration set out in Merchant Shipping Notice M.1613(12) apply unless alternative arrangements are agreed between the applicant and the Secretary of State before the commencement of arbitration proceedings.

(8) In this regulation—

“applicant” means a person who makes an application for a survey required by these Regulations;

“the parties” means the applicant and the responsible person, and “party” is to be construed accordingly;

“qualified person” means—

(a)

a person who satisfies the judicial-appointment eligibility on a 7-year basis within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007(13);

(b)

a person who is an advocate or solicitor in Scotland of at least 7 years’ standing; or

(c)

a person who is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing;

“responsible person” means the Certifying Authority responsible for the issue of the Nuclear Ship Safety Certificate in connection with which a survey required by these Regulations is carried out.

Commencement Information

I26 Reg. 26 in force at 8.12.2022, see reg. 1(1)

Prohibition on proceeding on any voyage without the appropriate certificate U.K.

27.  A nuclear ship must not proceed on any voyage unless it has been surveyed and there is in force—

(a) in the case of a United Kingdom nuclear ship or a non-United Kingdom nuclear ship flying the flag of a Convention country, a Nuclear Ship Safety Certificate;

(b) in the case of a non-United Kingdom nuclear ship flying the flag of a State which is not a Convention country, a certificate issued in accordance with the requirements of that country for the purpose of operating as a nuclear ship.

Commencement Information

I27 Reg. 27 in force at 8.12.2022, see reg. 1(1)

PART 5 U.K. Miscellaneous requirements for nuclear ships

Quality assurance programme U.K.

28.  A nuclear ship must be designed, constructed, tested, inspected, operated and decommissioned under a quality assurance programme in accordance with paragraph 1.3.7 in Chapter 1 of the Nuclear Code (quality assurance programme).

Commencement Information

I28 Reg. 28 in force at 8.12.2022, see reg. 1(1)

Decommissioning of nuclear ships U.K.

29.  A nuclear ship must be decommissioned in accordance with the requirements in paragraph 1.8 in Chapter 1 of the Nuclear Code (decommissioning or loss).

Commencement Information

I29 Reg. 29 in force at 8.12.2022, see reg. 1(1)

Loss of nuclear ships U.K.

30.  In the event of an accident likely to lead to an environmental hazard—

(a) the master of a United Kingdom nuclear ship must immediately inform—

(i) the Secretary of State; and

(ii) the appropriate maritime authorities of the coastal State in whose waters the ship is in or whose waters the ship approaches in a damaged condition;

(b) the master of a non-United Kingdom nuclear ship in United Kingdom waters must immediately inform the Secretary of State.

Commencement Information

I30 Reg. 30 in force at 8.12.2022, see reg. 1(1)

PART 6 U.K. Control and enforcement

Offences and penalties U.K.

31.—(1) Any contravention of—

(a) regulation 7(1) (requirement for safety assessment);

(b) regulation 8 (design and construction of nuclear ships);

(c) regulation 9 (suitability of reactor installation for service on board a ship);

(d) regulation 10 (approval of reactor installation);

(e) regulation 11 (radiation safety);

(f) regulation 12, in so far as this relates to a contravention of paragraph 7.1.1 or 7.1.4 in Chapter 7 of the Nuclear Code (general operating requirements for nuclear ships);

(g) regulation 13(1)(a) or (b), (2)(a) or (b), [F4 (3)] or (5) (safety assessment – operational requirements);

(h) regulation 14(1), (3)(a) or (b), (4) or (5)(a) or (b) (operating manual);

(i) regulation 15(1), (3)(a) or (b), (4), (5) or (6) (additional operating documentation);

(j) regulation 16 (emergency operation procedures);

(k) regulation 17 (maintenance and repair);

(l) regulation 18(1) (manning and training);

(m) regulation 20(1)(a), (b) or (c), (2), (3), (4), (6), (7), [F5 (8A)], (9) or (11)(a), (b), (c) or (d) (surveys of United Kingdom nuclear ships);

(n) regulation 21(3) (requirement to hold on board a Nuclear Ship Safety Certificate);

(o) regulation 23(1) (responsibilities of owner and master);

(p) regulation 27 (prohibition on proceeding on any voyage without the appropriate certificate);

(q) regulation 28 (quality assurance programme); or

(r) regulation 29 (decommissioning of nuclear ships),

is an offence by the owner and master of a nuclear ship in respect of each case of non-compliance.

(2) Any contravention of regulation 12, in so far as this relates to a contravention of paragraph 7.1.3 in Chapter 7 of the Nuclear Code (general operating requirements for nuclear ships), is an offence by the Company.

(3) Any contravention of regulation 30(a) or (b) (loss of nuclear ships) is an offence by the master in respect of each case of non-compliance.

(4) An offence under paragraph (1), (2) or (3) is punishable—

(a) on summary conviction—

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both.

(5) Any contravention of—

(a) regulation 13(2)(c) (failure to have safety assessment readily available for examination);

(b) regulation 14(5)(c) (failure to have operating manual readily available for examination);

(c) regulation 15(3)(c) (failure to have additional operating documentation readily available for examination);

(d) regulation 20(11)(e) (failure to have results of surveys and tests readily available for examination); or

(e) regulation 21(4) (failure to have nuclear ship safety certificate readily available for examination),

is an offence by the owner and master of a nuclear ship.

(6) Any contravention of regulation 25(3) (falsification of certificate etc.) is an offence by the person in question.

(7) An offence under paragraph (5) or (6) is punishable—

(a) on summary conviction—

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by imprisonment for a term not exceeding six months, or a fine, or both.

(8) A person who contravenes regulation 18(12)(a), (b), (c) or (d) (providing training without approval etc.) is guilty of an offence.

(9) An offence under paragraph (8) is punishable—

(a) on summary conviction—

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by a fine.

(10) It is a defence for a person charged with an offence under this regulation to prove that the person charged took all reasonable steps to avoid the commission of the offence.

(11) For the purposes of paragraph (2), “Company” has the meaning given to it in regulation 1 of Chapter IX in the Annex to the Convention (International Safety Management (ISM) Code)(14).

Textual Amendments

F4 Word in reg. 31(1)(g) inserted (29.3.2023) by The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023 (S.I. 2023/246), regs. 1(1), 22(4)(a)

F5 Word in reg. 31(1)(m) substituted (29.3.2023) by The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023 (S.I. 2023/246), regs. 1(1), 22(4)(b)

Commencement Information

I31 Reg. 31 in force at 8.12.2022, see reg. 1(1)

Special control U.K.

32.—(1) Nuclear ships are subject to the control of officers authorised by the Secretary of State before entering a United Kingdom port and when in a United Kingdom port for the purposes referred to in paragraph (2).

(2) The officers referred to in paragraph (1) may exercise such control in order to verify that—

(a) there is on board a nuclear ship a valid Nuclear Ship Safety Certificate, or an equivalent valid certificate where the ship flies the flag of a State which is not a Convention country;

(b) the condition of the ship and its equipment correspond substantially with the particulars shown on the certificate;

(c) the requirements of regulation 23 (responsibilities of owner and master) are being complied with; and

(d) there are no unreasonable radiation or other hazards that have occurred, or may occur, at sea or in port, to the crew, passengers or public, or to the waterways or food or water resources.

Commencement Information

I32 Reg. 32 in force at 8.12.2022, see reg. 1(1)

Detention U.K.

33.—(1) For the purposes of this regulation, any reference to “ the Act” is a reference to the Merchant Shipping Act 1995.

(2) Any nuclear ship which does not comply with the requirements of these Regulations, Chapter I, Chapter VIII or the Nuclear Code applicable to that ship, may be detained.

(3) Section 284 of the Act(15) applies where a nuclear ship is liable to be detained under this regulation as if—

(a) references to detention of a ship under the Act were references to detention of the ship in question under this regulation; and

(b) subsection (7) were omitted.

(4) Where a nuclear ship is liable to be detained under this regulation, the person detaining the ship must serve on the master a detention notice which—

(a) states the grounds for the detention; and

(b) requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.

(5) Subject to paragraph (6), section 96 (references of detention notices to arbitration)(16) and section 97 (compensation in connection with invalid detention of a ship) of the Act apply in relation to a detention notice issued pursuant to this regulation as they apply in relation to detention notices issued pursuant to section 95 (power to detain dangerously unsafe ship).

(6) For the purposes of paragraph (5)—

(a) section 96 of the Act applies as if—

(i) subsection (3) were omitted;

(ii) the words “as a dangerously unsafe ship” in subsection (5) were omitted;

(iii) subsection (11) were omitted; and

(b) sections 96 and 97 of the Act apply as if “the relevant inspector” means a person issuing the detention notice pursuant to this regulation.

(7) Subject to paragraph (8), where a non-United Kingdom nuclear ship is detained, the Secretary of State must immediately inform the ship’s flag administration in writing.

(8) If it is not possible to inform the nuclear ship’s flag administration in accordance with paragraph (7), the Secretary of State must inform the Consul of the State of the flag administration, or in the absence of a Consul, the nearest diplomatic representative of the State of the flag administration.

Commencement Information

I33 Reg. 33 in force at 8.12.2022, see reg. 1(1)

Review of the Regulations U.K.

34.—(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations; and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 8th December 2027.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015(17) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under the Convention are implemented in other countries which are subject to those obligations.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Commencement Information

I34 Reg. 34 in force at 8.12.2022, see reg. 1(1)

Signed by authority of the Secretary of State for Transport

Vere

Parliamentary Under Secretary of State

Department for Transport

15th November 2022

We consent to the making of these Regulations

Nigel Huddleston

Amanda Solloway

Two of the Lords Commissioners of His Majesty’s Treasury

14th November 2022