The Merchant Shipping (Life-Saving Appliances and Arrangements) Regulations 2020

PART 1 U.K. Preliminary

Citation, commencement, amendments and revocations U.K.

1.—(1) These Regulations may be cited as the Merchant Shipping (Life-Saving Appliances and Arrangements) Regulations 2020 and come into force on 9th June 2020.

(2) The amendments listed in Part 1 of Schedule 1 have effect.

(3) The Regulations listed in the first column of the Table in Part 2 of Schedule 1 are revoked to the extent specified in the third column of that Table.

Commencement Information

I1 Reg. 1 in force at 9.6.2020, see reg. 1(1)

Interpretation U.K.

2.  In these Regulations—

“Category A, B, C or D waters” means the waters specified as such in Merchant Shipping Notice 1837(M) Amendment 2(1);

“Chapter III” means Chapter III in the Annex to the Convention (relating to life-saving appliances and arrangements)(2);

“Convention” means the International Convention for the Safety of Life at Sea, 1974(3);

“fishing vessel” means a ship used for catching fish, whales, seals, walrus or other living resources of the sea;

“international voyage” means a voyage between—

(a)

a port in the United Kingdom and a port outside the United Kingdom; or

(b)

a port in a Convention country (other than the United Kingdom) and a port in any other country or territory (whether a Convention country or not) which is outside the United Kingdom,

and, for the purposes of paragraph (b), “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;

“long international voyage” means an international voyage which is not a short international voyage;

“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;

“mile” means a nautical mile of 1,852 metres;

“new ship” means a ship the keel of which is laid, or which is at a similar stage of construction, on or after 1st July 1998;

[F1 “Part B of Chapter III” means Part B of Chapter III other than regulation 27 of that Part (information on passengers)];

“passenger” is 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 1 year of age;

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

“pleasure vessel” means—

(a)

any vessel which at the time it is being used is—

(i)

in the case of a vessel wholly owned by–

(aa)

an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or

(bb)

a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and

(ii)

on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or

(b)

any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club,

where, in the case of any vessel referred to in paragraphs (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant;

“sea” includes any estuary or arm of the sea but does not include Category A, B, C or D waters;

“short international voyage” means an international voyage—

(a)

in the course of which a ship is not more than 200 miles from a port or place in which the passengers and crew could be placed in safety; and

(b)

which does not exceed 600 miles in distance between the last port of call in the country in which the voyage begins and the final port of destination,

and, for the purposes of paragraph (b), the final port of destination is the last port of call in the scheduled voyage at which the ship commences its return voyage to the country in which the voyage began;

“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.

Textual Amendments

F1 Words in reg. 2 inserted (10.8.2023) by The Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) (Amendment) Regulations 2023 (S.I. 2023/787), regs. 1(1), 4

Commencement Information

I2 Reg. 2 in force at 9.6.2020, see reg. 1(1)

Classification of ships U.K.

3.  For the purposes of these Regulations, ships are classified as set out in Schedule 2.

Commencement Information

I3 Reg. 3 in force at 9.6.2020, see reg. 1(1)

General application U.K.

4.—(1) Subject to paragraphs (2) and (3), these Regulations apply to—

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

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

(2) These Regulations do not apply to—

(a) passenger ships of Classes III, IV, V, VI and VI(A);

(b) ships of war and naval auxiliaries;

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

(d) wooden ships of primitive build;

(e) pleasure vessels of less than 13.7 metres in length;

(f) fishing vessels;

(g) ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian;

(h) non-United Kingdom ships which are pleasure vessels of any size;

(i) high-speed craft to which [F2 the Merchant Shipping (High Speed Craft) Regulations 2022] apply.

(3) A non-United Kingdom ship flying the flag of a State which is not a party to the Convention 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 neither the master nor the owner or the charterer could have prevented.

(4) Where persons are on board a ship as a consequence of—

(a) the circumstances described in paragraph (3); or

(b) an obligation laid upon the master to carry shipwrecked or other persons(4),

those persons are not to be taken into account for the purpose of determining the application to that ship of any provision of these Regulations.

(5) For the purposes of this regulation, “non-United Kingdom ship” means any ship other than a United Kingdom ship.

Textual Amendments

F2 Words in reg. 4(2)(i) substituted (19.12.2022) by The Merchant Shipping (High Speed Craft) Regulations 2022 (S.I. 2022/1219), reg. 1(1), Sch. para. 25 (with reg. 4(2)-(4))

Commencement Information

I4 Reg. 4 in force at 9.6.2020, see reg. 1(1)

Ambulatory reference U.K.

5.—(1) In these Regulations, any reference to Chapter III is to be construed—

(a) as a reference to Chapter III as modified from time to time; and

(b) as, if Chapter III is replaced, a reference to the replacement.

(2) For the purposes of paragraph (1), Chapter III 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 III has effect at the time such modification or replacement comes into force in accordance with Article VIII of the Convention.

Commencement Information

I5 Reg. 5 in force at 9.6.2020, see reg. 1(1)

Approval and replacement of life-saving appliances and arrangements U.K.

6.—(1) Unless approved under the Merchant Shipping (Marine Equipment) Regulations 2016(5), life-saving appliances required by Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1)(6) and placed on board a United Kingdom ship must be approved by the Secretary of State, or any person authorised by the Secretary of State.

(2) Unless approved under the Merchant Shipping (Survey and Certification) Regulations 2015(7), life-saving arrangements required by Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1) on board a United Kingdom ship, must be approved by the Secretary of State, or any person authorised by the Secretary of State.

(3) The Secretary of State, or any person authorised by the Secretary of State, may grant an approval in relation to a United Kingdom ship for anything in Chapter III requiring to be—

(a) approved by the Administration of the State whose flag the ship is entitled to fly;

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

(c) acceptable to that Administration(8).

(4) An approval given under paragraph (1), (2) or (3) may, on the giving of reasonable notice, be continued, altered or cancelled.

(5) Any approval given under paragraph (1), (2) or (3), or a continuation, alteration or cancellation under paragraph (4), 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.

(6) The requirement that the approval referred to in paragraph (1), (2) or (3), or a continuation, alteration or cancellation under paragraph (4), be in writing is satisfied where the text of the approval is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

(7) Subject to paragraph (8), any item of life-saving equipment marked with an expiry date—

(a) ceases to be approved for the purposes of these Regulations on the expiry date; and

(b) must be replaced on or before the expiry date.

(8) The emergency pack of an inflatable liferaft, which is inspected at the time of the annual servicing of the liferaft and has more than six months remaining before the expiry date at the time of that inspection, may be retained until the next annual service.

Commencement Information

I6 Reg. 6 in force at 9.6.2020, see reg. 1(1)

Equivalents U.K.

7.—(1) Where Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1) require that—

(a) a particular life-saving appliance or type of life-saving appliance (which may include any fitting, material or apparatus) be fitted on, or carried in, a ship;

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

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

the Secretary of State may approve any other life-saving appliance, life-saving arrangement or other provision if satisfied that it is at least as effective as that required by Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1), as the case may be.

(2) Before giving approval to a novel life-saving arrangement, the Secretary of State must be satisfied that such arrangement has—

(a) successfully undergone an engineering analysis in accordance with regulation 38.3 of Chapter III (elements of engineering analysis), in the case of ships engaged on international voyages to which Part B of Chapter III applies; or

(b) successfully complied with the engineering analysis required by Merchant Shipping Notice 1676 (Amendment 1), in the case of ships engaged on international voyages to which Part B of Chapter III does not apply, and in the case of ships engaged on non-international voyages.

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

(4) Any approval given under paragraph (1), or a continuation, alteration or cancellation under paragraph (3), 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.

(5) The requirement that the approval referred to in paragraph (1), or a continuation, alteration or cancellation under paragraph (3), be in writing is satisfied where the text of the approval is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

Commencement Information

I7 Reg. 7 in force at 9.6.2020, see reg. 1(1)

Exemptions U.K.

8.—(1) Subject to paragraph (3), the Secretary of State may exempt from any provision of Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1)—

(a) a ship or class of ship which, during a voyage, does not proceed more than 20 miles from the nearest land, and where the Secretary of State is satisfied that the sheltered nature and conditions of such a voyage makes it unreasonable or unnecessary to apply the provisions of Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1);

(b) a ship employed in special trades(9) for the carriage of large numbers of special trade passengers (such as the pilgrim trade) where—

(i) the Secretary of State is satisfied that it is impracticable to enforce compliance with the requirements of Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1); and

(ii) the ship complies with–

(aa) the rules annexed to the Special Trade Passenger Ships Agreement, 1971(10); and

(bb) the rules annexed to the Protocol on Space Requirements for Special Trade Passenger Ships, 1973(11);

(c) a ship which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage;

(d) a ship which embodies features of a novel kind if research into the development of those features and their incorporation in ships engaged on international voyages may be seriously impeded if the ship had to comply with the requirements of Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1).

(2) Subject to paragraph (3), the Secretary of State may, in exceptional circumstances not provided for in paragraph (1), exempt from any of the provisions of Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1) a ship or class of ship if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that ship or class of ship.

(3) An exemption under paragraph (1) or (2) may be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the ship.

(4) An exemption granted under paragraph (1) or (2) may, on the giving of reasonable notice, be altered or cancelled.

(5) An exemption granted under paragraph (1) or (2), or an alteration or cancellation under paragraph (4), 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.

(6) The requirement that an exemption granted under paragraph (1) or (2), or an alteration or cancellation under paragraph (4), be in writing is satisfied where the text of the approval is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

(7) Where an exemption is granted subject to safety requirements, the exemption ceases to have effect if those requirements are not complied with.

Commencement Information

I8 Reg. 8 in force at 9.6.2020, see reg. 1(1)

(1)

Merchant Shipping Notice 1837(M) Amendment 2 is available on https://www.gov.uk/government/publications/msn-1837-m-amendment-2-categorisation-of-waters, and in hard copy from the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(2)

Chapter III was revised and replaced by International Maritime Organization (IMO) Resolution MSC.47(66) (Cm 4064) and has been further amended by IMO Resolutions MSC.91(72) (Cm 9698), MSC.134(76) (Cm 6587), MSC.152(78) (Cm 7205), MSC.170(79), MSC.201(81), MSC.216(82), MSC.256(84), MSC.317(89), MSC.325(90), MSC.338(91), MSC.350(92), MSC.404(96) and MSC.421(98). The amendments to Chapter III 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.

(3)

Cmnd 7874. The Convention may be obtained in copy 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/awweb/pdfopener?md=1&did=79786). The Convention was modified by its Protocol of 1978 (Cmnd. 8277) (https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=68013), which was replaced and abrogated by the Protocol of 1988 (Cm 5044) (https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=69573) with respect to the parties to the 1988 Protocol. The amendments to the Convention 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/). Hard copies of the Command Papers are available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW. The Parliamentary Archives catalogue numbers for the Command Papers are HL/PO/JO/10/11/2031/2878 (Cmnd 7874), HL/PO/JO/10/11/1959/2032 (Cmnd 8277) and HL/PO/JO/10/11/3156/2280 (Cm 5044).

(4)

Regulation 33 in Chapter V of the Convention (safety of navigation) places an obligation on the master to provide assistance to persons in distress at sea and this obligation is implemented in the Merchant Shipping (Safety of Navigation) Regulations 2002 (S.I. 2002/1473).

(5)

S.I. 2016/1025. The Regulations are amended by this instrument and prospectively by S.I. 2019/470 and S.I. 2019/1304. There is another amending instrument which is not relevant. Annex 2 of Merchant Shipping Notice 1874 (M+F) Amendment 3 (“MSN 1874 Amendment 3”) lists the life-saving appliances that the Secretary of State considers comply with Chapter III and the requirements of the LSA Code. MSN 1874 Amendment 3 is available in hard copy from the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(6)

Merchant Shipping Notice 1676 (Amendment 1) is available on www.gov.uk/topic/ships-cargoes/m-notices and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(7)

S.I. 2015/508, amended by S.I. 2018/53 and prospectively by S.I. 2018/1221.

(8)

Guidance in relation to the matters requiring the approval of the Secretary of State in Chapter III, and on matters which are acceptable to, or required to be to the satisfaction of, the Secretary of State, is contained in Merchant Shipping Notice 1676 (Amendment 1).

(9)

“Special trade” is defined in Rule 2 of the Special Trade Passenger Ships Agreement, 1971 (Cmnd 7761).

(10)

Cmnd 7761. The Special Trade Passenger Ships Agreement, 1971 is available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign and Commonwealth Office treaties database (http://foto.archivalware.co.uk/data/Library2/pdf/1980-TS0007.pdf).

(11)

Cmnd 7761. The rules annexed to the Protocol on Space Requirements for Special Trade Passenger Ships, 1973 are available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign and Commonwealth Office treaties database (http://foto.archivalware.co.uk/data/Library2/pdf/1980-TS0007.pdf).