The Merchant Shipping (International Safety Management (ISM) Code) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations supplement and provide for the enforcement of the rights and entitlements set out in Regulation (EC) No. 336/2006 of the European Parliament and of the Council of 15th February 2006 (OJ L 64, 4.3.2006, p. 1) on the implementation of the International Safety Management Code (“the ISM Code”) within the Community and repealing Council Regulation (EC) No. 3051/95 (“the EU Regulation”). They also restate and consolidate within a single instrument United Kingdom regulations which require ships not covered by the EU Regulation to comply with the ISM Code.

Regulation 1(2) revokes existing regulations concerning the ISM Code which are superseded by these Regulations and the EU Regulation.

Regulation 4 requires the ISM company operating a ship to which the EU Regulation applies to comply with the ISM Code. In respect of the ships not covered by the EU Regulation but to which these Regulations apply, regulation 5 requires the ISM company operating such a ship to carry documentation demonstrating compliance with the ISM Code. Regulation 6 sets out the documentation requirements for the purposes of regulations 4 and 5.

Regulation 7 imposes a duty on the master of a ship to discharge obligations under the ISM Code. Regulation 8 imposes a duty on the ISM company’s designated person to discharge obligations under the ISM Code. These regulations apply both to ships to which the EU Regulation applies and ships to which regulation 5(2) applies.

Regulation 9 provides that Certifying Authorities (including the Secretary of State) may issue and endorse documents in respect of United Kingdom ships under the ISM Code. Regulation 10 provides that the Secretary of State may ask foreign governments to issue and endorse documents in respect of United Kingdom ships on behalf of the Secretary of State. Regulation 11 provides that the Secretary of State may issue and endorse documents in respect of foreign vessels upon request from foreign governments.

Regulation 12 is a power for the Secretary of State to issue exemptions from the requirement of these Regulations as regards ships to which regulation 5(2) applies.

Regulation 13 provides power for Certifying Authorities to suspend and cancel documents issued by or on behalf of the Secretary of State, and sets out the applicable procedure.

Regulation 14 provides power for inspectors to detain ships in respect of non-compliance with the Regulations. Regulation 15 makes provision regarding offences and penalties in respect of non-compliance with specified regulations. Regulation 16 contains a defence in respect of those offences (other than the regulation 15(1)(a) offence) for a person to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Regulation 17 amends the Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001 so that ships to which these Regulations apply are not subject to those Regulations.

Regulation 18 contains transitional provisions in respect of existing ISM Code documents and ongoing proceedings under regulations revoked by regulation 1(2).

Regulation 19 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

The ISM Code and the Safety of Life at Sea Convention 1974, its Protocols and amendments and the Revised Guidelines on Implementation of the International Safety Management (ISM) Code by Administrations may be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR, www.imo.org/publications.

Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex RM17 9AY, tel [phone], fax [phone], email [e-mail]. They may also be accessed via the MCA’s website www.dft.gov.uk/mca, which also has details of any amendments or replacements.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside this instrument on ww.legislation.gov.uk.