The Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024

PART 1 Preliminary

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024 and come into force on 11th June 2024.

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

Amendments and revocations

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

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

Interpretation

3.  In these Regulations—

“Annex III” means Annex III (prevention of pollution by harmful substances in packaged form) to MARPOL(1);

“Chapter VII” means Chapter VII (carriage of dangerous goods) of the Annex to SOLAS(2);

“chemical tanker” means a cargo ship constructed or adapted and used for the carriage in bulk of any liquid product listed in chapter 17 of the International Bulk Chemical Code;

“constructed” means, in relation to a ship, that the keel of the ship is laid or that the ship is at a similar stage of construction;

“controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014(3) as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea(4) for the protection and preservation of the marine environment;

“dangerous goods” mean the substances, materials and articles covered by the IMDG Code;

“dangerous goods in solid form in bulk” means any material, other than liquid or gas, consisting of a combination of particles, granules or any larger pieces of material, generally uniform in composition, which is covered by the IMDG Code and is loaded directly into the cargo spaces of a ship without any intermediate form of containment, and includes such materials loaded in a barge on a barge-carrying ship;

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

“forwarder” means the person by whom the dangerous goods declaration or marine pollutants declaration and packing certificate are received, and any person responsible for packing the goods into a cargo transport unit, for eventual delivery to the ship or its agent;

“gas carrier” means a cargo ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in chapter 19 of the International Gas Carrier Code;

“harmful substances” means those substances which are identified as marine pollutants in the IMDG Code or which meet the criteria in the appendix to Annex III;

“International Bulk Chemical Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Maritime Safety Committee of the Organization by resolution MSC.4(48)(5);

“International Gas Carrier Code” means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk as adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.5(48)(6);

“IMDG Code” means the International Maritime Dangerous Goods (IMDG) Code adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.122(75)(7);

“IMSBC Code” means the International Maritime Solid Bulk Cargoes Code adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.268(85)(8);

“INF cargo” means packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes carried as cargo in accordance with class 7 of the IMDG Code;

“INF Code” means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships, adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.88(71)(9);

“MARPOL” means the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocols of 1978 and 1997(10);

“non-United Kingdom ship” means any ship other than a United Kingdom ship;

“packaged form” means the form of containment specified for dangerous goods or harmful substances in the IMDG Code;

“packaged goods” means dangerous goods or harmful substances in packaged form;

“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;

“Protocol I” means Protocol I (reports on incidents involving harmful substances) to MARPOL(11);

“ship” includes hovercraft;

“shipper” means a person who, whether as principal or agent for another, consigns for carriage by sea dangerous goods or harmful substances;

“similar stage of construction” means the stage at which—

(a)

construction identifiable with a specific ship begins; or

(b)

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

“SOLAS” means the International Convention for the Safety of Life at Sea, 1974(12);

“United Kingdom ship” has the same meaning as in section 85(2) of the Merchant Shipping Act 1995;

“valid” means in force.

General application

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 or controlled waters.

(2) These Regulations do not apply to—

(a) ships of war or naval auxiliary ships;

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

(3) A non-United Kingdom ship flying the flag of a State which is not a party to SOLAS 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.

Ambulatory reference

5.—(1) In these Regulations, any reference to Chapter VII, Protocol I, Annex III, International Bulk Chemical Code, International Gas Carrier Code, IMDG Code, IMSBC Code or INF Code is to be construed—

(a) as a reference to Chapter VII, Protocol I, Annex III, International Bulk Chemical Code, International Gas Carrier Code, IMDG Code, IMSBC Code or INF Code as modified from time to time; and

(b) as, if Chapter VII, Protocol I, Annex III, International Bulk Chemical Code, International Gas Carrier Code, IMDG Code, IMSBC Code or INF Code is replaced, a reference to the replacement.

(2) For the purposes of paragraph (1)—

(a) Chapter VII, International Bulk Chemical Code, International Gas Carrier Code, IMDG Code, IMSBC Code or INF Code is modified or replaced if the modification or replacement takes effect in accordance with Article VIII of SOLAS; and

(b) Protocol I or Annex III is modified or replaced if the modification or replacement takes effect in accordance with Article 16 of MARPOL.

(3) A modification or replacement of—

(a) Chapter VII, International Bulk Chemical Code, International Gas Carrier Code, IMDG Code, IMSBC Code or INF Code has effect at the time such modification or replacement comes into force in accordance with Article VIII of SOLAS;

(b) Protocol I or Annex III has effect at the time such modification or replacement comes into force in accordance with Article 16 of MARPOL.

Exemptions

6.—(1) The Secretary of State may grant an exemption from any provision of these Regulations in respect of a ship which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage.

(2) The Secretary of State may grant an exemption from the requirements of—

(a) regulation 18(3) (repairs, alterations, modifications and outfitting), in respect of a chemical tanker; or

(b) regulation 22(3) (repairs, alterations, modifications and outfitting), in respect of a gas carrier,

if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that chemical tanker or gas carrier.

(3) The Secretary of State may, in exceptional circumstances not provided for in paragraph (1), grant an exemption from any provision of these Regulations in respect of 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.

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

(5) An exemption granted under paragraph (1), (2) or (3) may, on the giving of reasonable notice, be altered or cancelled.

(6) An exemption granted under paragraph (1), (2) or (3), or an 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 exemption granted under paragraph (1), (2) or (3), or an alteration or cancellation under paragraph (5), be in writing is satisfied where the text of the exemption, alteration or cancellation is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

(8) Where an exemption is granted subject to safety requirements under paragraph (4), the exemption ceases to have effect if those requirements are not complied with.

(9) In this regulation—

“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;

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

Equivalents

7.—(1) Where the provisions of Chapter VII require that—

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

(b) any particular 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 fitting, material, appliance, apparatus, item of equipment or type thereof, arrangement or other provision if satisfied that it is at least as effective as that required by Chapter VII.

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

(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 in paragraph (3), 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.

(6) Where an approval is granted subject to safety requirements under paragraph (2), the approval ceases to have effect if those requirements are not complied with.

Approvals

8.—(1) The Secretary of State, or any person authorised by the Secretary of State, may grant an approval in relation to a ship for anything in Chapter VII or Annex III requiring to be—

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

(b) done to the satisfaction of such Administration(13).

(2) Unless required to be approved under the Merchant Shipping (Marine Equipment) Regulations 2016(14), any equipment required by Chapter VII or Annex III 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.

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

(4) Any approval given under paragraph (1) or (2), 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 (2), or the continuation, alteration or cancellation under paragraph (3), be in writing is satisfied where 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.

PART 2 Requirements for the carriage of dangerous goods and harmful substances in packaged form

Application

9.—(1) Subject to paragraph (2), this Part applies to—

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

(b) non-United Kingdom ships carrying packaged goods while they are within United Kingdom waters or controlled waters.

(2) This Part does not apply to—

(a) ships not carrying harmful substances that are—

(i) non-United Kingdom ships in controlled waters;

(ii) ships not propelled by mechanical means;

(iii) wooden ships of primitive build;

(iv) pleasure vessels;

(v) fishing vessels;

(vi) 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;

(b) ships’ stores and equipment.

Requirements in relation to ships

10.  The owner and master must not cause or permit the carriage of packaged goods on a ship other than in accordance with each requirement in—

(a) Part A of Chapter VII; and

(b) Chapter 1 of Annex III,

applicable in relation to it(15).

Requirements in relation to owners and masters

11.—(1) The owner and master—

(a) must ensure that packaged goods are not taken or received on board a ship unless the information required under—

(i) regulation 4.1 (documents) of Chapter VII; and

(ii) regulation 5.1 (documentation) of Annex III,

has been provided in accordance with the requirements in those regulations;

(b) must comply with the requirements of Chapter 7 (provisions concerning transport operations) of the IMDG Code applicable to the master and owner;

(c) must ensure that packaged goods are not taken or received on board a ship unless they are in compliance with—

(i) the requirements of Chapter 5 (consignment procedures) of the IMDG Code; and

(ii) regulations 3 (packing) and 4 (marking and labelling) of Annex III.

(2) A master—

(a) must ensure that packaged goods are not carried on board a ship without the information required by—

(i) regulation 4.2 (documents) of Chapter VII; and

(ii) regulation 5.2 (documentation) of Annex III;

(b) must ensure that any certificates or other documents required by Chapter 5.4.4 (other required information and documentation) of the IMDG Code are available on board the ship;

(c) must keep available for inspection on board the ship any documents to which the requirements in sub-paragraph (a) or (b) relate.

Requirements in relation to shippers and forwarders

12.—(1) Where a shipper delivers packaged goods to a ship or its agent, the shipper must comply with—

(a) regulation 4.1 (documents) of Chapter VII;

(b) the requirements of Part 2 (classification) of the IMDG Code applicable in relation to the shipper;

(c) the requirements of Part 5 (consignment procedures) of the IMDG Code applicable in relation to the shipper; and

(d) regulation 3 (packing), 4 (marking and labelling) and 5.1 (documentation) of Annex III.

(2) Where a shipper arranges with a forwarder to deliver packaged goods to a ship or its agent—

(a) the shipper must provide the forwarder with—

(i) the information required under—

(aa) regulation 4.1 (documents) of Chapter VII;

(bb) regulation 5.1 (documentation) of Annex III; and

(ii) any other information required by Chapter 5.4 (documentation) of the IMDG Code; and

(b) the forwarder must comply with the requirements in—

(i) regulation 4.1 (documents) of Chapter VII;

(ii) Chapter 5.4 (documentation) of the IMDG Code applicable in relation to a shipper; and

(iii) regulation 5.1 (documentation) of Annex III.

PART 3 Requirements for the carriage of dangerous goods in solid form in bulk

Application

13.—(1) Subject to paragraph (2), this Part applies to ships carrying dangerous goods in solid form in bulk.

(2) This Part does not apply to—

(a) non-United Kingdom ships in controlled waters;

(b) ships not propelled by mechanical means;

(c) wooden ships of primitive build;

(d) pleasure vessels;

(e) fishing vessels;

(f) 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.

Requirements in relation to ships

14.  The owner and master must not cause or permit the carriage of dangerous goods in solid form in bulk on a ship other than in accordance with each requirement in Part A-1 of Chapter VII applicable in relation to it(16).

Requirements in relation to masters

15.  A master must—

(a) ensure compliance with the requirements of Regulation 7-2.2 (special list or manifest) of Chapter VII; and

(b) in relation to the carriage of dangerous goods in solid form in bulk on a ship, carry on board the ship any documents required by Appendix 1 of the IMSBC Code,

and make available before departure any document to which paragraph (a) or (b) applies in accordance with regulation 7-2.2 of Chapter VII.

Requirements in relation to shippers

16.  A shipper of dangerous goods in solid form in bulk listed in Appendix 1 of the IMSBC Code must comply with the requirements of Sections 1 and 4 of the IMSBC Code applicable in relation to that shipper.

PART 4 Requirements for the construction and equipment of ships carrying dangerous liquid chemicals in bulk

Application

17.—(1) Subject to paragraphs (3) and (4), this Part applies to chemical tankers.

(2) For the purposes of this Part, a ship which is converted into a chemical tanker is a chemical tanker on and after the date of its conversion.

(3) This Part does not apply to—

(a) non-United Kingdom ships in controlled waters;

(b) ships not propelled by mechanical means;

(c) wooden ships of primitive build;

(d) pleasure vessels;

(e) fishing vessels;

(f) 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.

(4) Regulations 19 and 20 do not apply to chemical tankers constructed before 1st July 1986.

Repairs, alterations, modifications and outfitting

18.—(1) A chemical tanker which undergoes repairs, alterations or modifications, or outfitting related to such repairs, alterations or modifications must continue to comply with at least the requirements previously applicable to that ship.

(2) A chemical tanker—

(a) constructed before 1st July 1986; and

(b) which undergoes repairs, alterations or modifications, or outfitting related to such repairs, alterations or modifications,

must, so far as practicable, comply with the requirements for chemical tankers constructed on or after 1st July 1986 to at least the same extent as it did before undergoing such repairs, alterations, modifications or outfitting.

(3) A chemical tanker which undergoes repairs, alterations and modifications of a major character, or outfitting related to such repairs, alterations or modifications, must comply with the requirements for chemical tankers constructed on or after 1st July 1986.

Compliance with requirements

19.  The owner and master must ensure that a chemical tanker complies with each requirement in regulation 10.1 of Chapter VII(17) applicable in relation to it.

International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk

20.—(1) A chemical tanker must not proceed or attempt to proceed to sea or on any voyage unless there is a valid International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued or endorsed in relation to it(18).

(2) The Secretary of State or any person authorised by the Secretary of State may issue or endorse an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk in accordance with paragraph 1.5.4 or 1.5.5 of the International Bulk Chemical Code(19).

PART 5 Requirements for the construction and equipment of ships carrying liquefied gases in bulk

Application

21.—(1) Subject to paragraphs (3) and (4), this Part applies to gas carriers.

(2) For the purposes of this Part, a ship which is converted into a gas carrier is a gas carrier on and after the date of its conversion.

(3) This Part does not apply to—

(a) non-United Kingdom ships in controlled waters;

(b) ships not propelled by mechanical means;

(c) wooden ships of primitive build;

(d) pleasure vessels;

(e) fishing vessels;

(f) 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.

(4) Regulations 23 and 24 do not apply to gas carriers constructed before 1st July 1986.

Repairs, alterations, modifications and outfitting

22.—(1) A gas carrier which undergoes repairs, alterations, modifications, or outfitting related to such repairs, alterations or modifications must continue to comply with at least the requirements previously applicable to that ship.

(2) A gas carrier—

(a) constructed before 1st July 1986; and

(b) which undergoes repairs, alterations or modifications, or outfitting related to such repairs, alterations or modifications,

must, so far as practicable, comply with the requirements for gas carriers constructed on or after 1st July 1986 to at least the same extent as it did before undergoing such repairs, alterations, modifications or outfitting.

(3) A gas carrier which undergoes repairs, alterations and modifications of a major character, or outfitting related to such repairs, alterations or modifications, must comply with the requirements for gas carriers constructed on or after 1st July 1986.

Compliance with requirements

23.  The owner and master must ensure that a gas carrier complies with each requirement in regulation 13.1 of Chapter VII(20) applicable in relation to it.

International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk

24.—(1) A gas carrier must not proceed or attempt to proceed to sea or on any voyage unless there is a valid International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk issued or endorsed in relation to it(21).

(2) The Secretary of State or any person authorised by the Secretary of State may issue or endorse an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk in accordance with paragraph 1.4.4 or 1.4.5 of the International Gas Carrier Code(22).

PART 6 Requirements for the carriage of packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes on board ships

Application

25.—(1) Subject to paragraph (2), this Part applies to ships carrying INF cargo.

(2) This Part does not apply to—

(a) non-United Kingdom ships in controlled waters;

(b) ships not propelled by mechanical means;

(c) wooden ships of primitive build;

(d) pleasure vessels;

(e) fishing vessels;

(f) 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.

Compliance with requirements

26.  The owner and master must ensure that a ship complies with each requirement in regulation 16.1 of Chapter VII(23) applicable in relation to it.

International Certificate of Fitness for the Carriage of INF Cargo

27.—(1) A ship must not proceed or attempt to proceed to sea or on any voyage unless there is a valid International Certificate of Fitness for the Carriage of INF Cargo issued in relation to it(24).

(2) The Secretary of State or any person authorised by the Secretary of State may issue an International Certificate of Fitness for the Carriage of INF Cargo in accordance with paragraph 1.3.2 of the INF Code(25).

PART 7 Reporting of incidents

Reporting requirements: general

28.—(1) Subject to paragraph (2), the master and owner of a ship must—

(a) in relation to a ship carrying dangerous goods in packaged form, comply with the requirements in regulation 6 of Chapter VII (reporting of incidents involving dangerous goods in packaged form);

(b) in relation to a ship carrying dangerous goods in solid form in bulk, comply with regulation 7-4 of Chapter VII (reporting of incidents involving dangerous goods in solid form in bulk);

(c) in relation to any other ship, comply with Protocol I of MARPOL (reporting of incidents involving harmful substances).

(2) Paragraph (1)(a) and (b) does not apply to ships that are—

(a) ships not propelled by mechanical means;

(b) wooden ships of primitive build;

(c) pleasure vessels;

(d) fishing vessels;

(e) 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.

Reporting requirements: pollution incidents

29.—(1) This regulation applies where the discharge, or threat of discharge, of cargo from a ship is likely to result in the pollution of United Kingdom waters or the coastline of the United Kingdom.

(2) The master and owner of a ship must comply with Protocol I of MARPOL as if the reference in Article I, paragraph 1 of that Protocol to “an incident referred to in article II of this Protocol” is a reference to the incident described in paragraph (1).

Reporting requirements: sightings of polluting substances

30.—(1) Where a polluting substance drifting or floating at sea is seen from a ship in United Kingdom waters or controlled waters, the master of that ship must notify His Majesty’s Coastguard without delay and to the fullest extent possible—

(a) details of the sighting;

(b) the identity of the ship;

(c) the position of the ship;

(d) any other information the master considers to be relevant.

(2) In this regulation, “polluting substance” means cargo or a slick discharged from a ship.

PART 8 Control and enforcement

Offences and penalties: owner and master

31.—(1) If a ship proceeds or attempts to proceed to sea or on any voyage, or arrives within United Kingdom waters, in breach of any of the requirements in these Regulations, other than regulation 11(2), 12, 15, 16 or 30(1), applicable to or in relation to that ship, the owner and the master are each guilty of an offence in respect of each case of non-compliance.

(2) A master in breach of a requirement in regulation 11(2), 15 or 30(1) is guilty of an offence.

(3) An offence under paragraph (1) or (2) 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.

(4) 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.

Offences and penalties: shipper and forwarder

32.—(1) A shipper who fails to comply with—

(a) regulation 12(1);

(b) regulation 12(2)(a); or

(c) regulation 16,

is guilty of an offence.

(2) A forwarder who fails to comply with regulation 12(2)(b) is guilty of an offence.

(3) An offence under paragraph (1) or (2) 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.

(4) 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.

Detention

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

(2) A ship which does not comply with the requirements in these Regulations, Chapter VII or Annex III applicable to that ship may be detained.

(3) Section 284 of the Act (enforcing detention of ship)(26) applies where a 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 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)(27) 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)(28).

(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 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 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.

(9) For the purposes of paragraphs (7) and (8), “flag administration” in relation to a ship means the administration of the State whose flag the ship is entitled to fly.

Review of the Regulations

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 the end of the period of five years beginning with the date on which these Regulations come into force.

(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(29) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under SOLAS and MARPOL are implemented in other countries which are subject to the 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).

Signed by authority of the Secretary of State for Transport

Davies of Gower

Parliamentary Under Secretary of State

Department for Transport

15th May 2024

We consent to the making of these Regulations

Amanda Milling

Mike Wood

Two of the Lords Commissioners of His Majesty’s Treasury

15th May 2024