The Merchant Shipping (Survey and Certification) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the inspections and surveys to be carried out on United Kingdom ships wherever they may be, and also on other ships while in United Kingdom waters. They revoke the Merchant Shipping (Survey and Certification) Regulations 1995 and various instruments amending them, and re-enact the requirements for the survey and certification of passenger ships and cargo ships contained in the 1995 Regulations as amended.

The Regulations give effect to the requirement as to surveys and the issue of certificates contained in the Safety of Life at Sea Convention 1974, as amended, and also contain similar requirements for ships not subject to the Convention.

Other than the changes resulting from the consolidation of these requirements into a single set of regulations, and updating, the main changes from the previous provisions relate to the definition of “Certifying Authority” in regulation 4, which now provides for this to mean the Secretary of State or any person authorised by the Secretary of State (rather than the list of named bodies contained in the 1995 Regulations), for authorisation to be given subject to conditions, and for the Secretary of State to direct that surveys be carried out by Secretary of State and not by another Certifying Authority.

Regulation 4 also provides that a Certifying Authority other than the Secretary of State is not to be regarded as a servant or agent of the Crown, and that its property is not to be regarded as Crown property.

Regulation 5 lists the types of ship to which the Regulations apply, and provides for the Secretary of State to issue, and to alter or cancel, exemptions from the requirements.

Regulations 6-9 specify the various inspections and surveys required, and regulation 10 imposes general obligations on owners and masters to ensure that a ship is fit to proceed to sea.

The detailed requirements of the various inspections and surveys continue to be contained in Merchant Shipping Notices issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport (regulation 11).

Regulation 12 sets out the procedure to be followed when a ship is deficient, and regulations 13-17 deal with issue, duration, and extension of certificates.

Regulations 18-20 provide for certification of United Kingdom ships by other SOLAS Convention states, and the converse, and regulation 21 for cancellation of certificates.

Certificates issued in accordance with the requirements of the SOLAS Convention must be available for inspection on board ships, and United Kingdom ships must not proceed to sea on an international voyage without these and other relevant certificates (regulations 22 and 23). Passenger ships of specified Classes are also prohibited from proceeding on any voyage or excursion without the applicable certificates (regulation 24).

Regulation 25 requires owners and masters to ensure that the limit on passenger numbers is not exceeded.

Regulation 26 provides for penalties for breaches of provisions of the Regulations, and regulation 27 for detention of ships which do not comply.

Regulation 28 provides for arbitration if a person is dissatisfied with the outcome of a survey.

The Regulations also contain a requirement for the Secretary of State to review the operation and effect of them and publish a report within five years after they come into force and every five years after that (regulation 29). Following a review it will fall to the Secretary of State to consider whether the Regulations should continue in force with or without amendment. A further instrument would be needed to revoke the Regulations.

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 www.legislation.gov.uk. Merchant Shipping Notices are obtainable from the Marine Information Centre, Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, Hampshire, SO15 1EG. The SOLAS Convention, its Protocol and amendments are obtainable from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR.