The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022

PART 4 U.K. Safe manning and Watchkeeping

General U.K.

Application U.K.

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

(a) seagoing ships registered in the United Kingdom, wherever they may be; and

(b) other seagoing ships while in United Kingdom waters.

(2) This Part does not apply to—

(a) ships of war and naval auxiliary ships;

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

(c) fishing vessels;

(d) pleasure vessels; or

(e) vessels referred to in regulation 5(3) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998(1) (small vessels).

(3) In this Part, “ship” includes hovercraft.

Commencement Information

I1 Reg. 54 in force at 10.1.2023, see reg. 1(1)

Safe manning U.K.

Safe manning document U.K.

55.—(1) This regulation applies to—

(a) passenger ships engaged on international voyages;

(b) passenger ships of 500 GT or more engaged on voyages that are not international voyages; and

(c) ships of 500 GT or more that are not passenger ships.

(2) A company must ensure that—

(a) a safe manning document is in force in respect of the ship and the manning of the ship;

(b) the safe manning document is kept on board the ship at all times; and

(c) the manning of the ship is maintained at all times to at least the levels specified in the safe manning document.

(3) The master of a ship to which this regulation applies must ensure that the ship does not proceed to sea unless there is on board a valid safe manning document issued in respect of the ship and the manning of the ship complies with that document.

(4) A company applying for a safe manning document in respect of a ship that is registered in the United Kingdom must submit to the Secretary of State proposals as to the numbers and grade of seafarer it considers must be carried so that the ship is safely manned if it proceeded to sea on an intended voyage.

(5) An application for a safe manning document required by this regulation must be in a form specified by the Secretary of State.

(6) The Secretary of State may issue guidance to companies on safe manning to assist them in preparing proposals under paragraph (4).

(7) The Secretary of State may issue a safe manning document to a ship that is registered in the United Kingdom if satisfied that—

(a) the proposals provided pursuant to paragraph (4) meet the requirements of IMO Resolution A.1047(27) (principles of safe manning)(2); and

(b) the prescribed fee has been paid.

(8) A company must notify the Secretary of State as soon as there is any change in the circumstances which are pertinent to a safe manning document issued by the Secretary of State.

(9) Upon receipt of notification by a company under paragraph (8), the Secretary of State may review the document’s continuing validity or approve fresh proposals from the company.

Commencement Information

I2 Reg. 55 in force at 10.1.2023, see reg. 1(1)

Watchkeeping arrangements U.K.

Watchkeeping arrangements generally and at sea U.K.

56.—(1) The master of a ship must ensure that the watchkeeping arrangements for the ship are at all times adequate for maintaining safe navigational, engineering and radio watches—

(a) in accordance with STCW Regulation VIII/2, paragraph 2 (watchkeeping arrangements and principles to be observed); and

(b) taking into account—

(i) the prevailing circumstances and conditions; and

(ii) section A-VIII/2 of the STCW Code (watchkeeping arrangements and principles to be observed).

(2) Without prejudice to the duties of a master provided by paragraph (1), a master must give directions to the deck watchkeeping officers responsible for navigating the ship safely during their periods of duty, in accordance with—

(a) section A-VIII/2, Part 4-1, of the STCW Code (principles to be observed in keeping a navigational watch); and

(b) any requirements specified in Merchant Shipping Notice 1868 (M) Amendment 1(3).

(3) The chief engineer officer of a ship must ensure that the engineering watchkeeping arrangements for the ship are at all times adequate for maintaining a safe watch, in accordance with—

(a) section A-VIII/2, Part 4-2, of the STCW Code (principles to be observed in keeping an engineering watch); and

(b) any requirements specified in Merchant Shipping Notice 1868 (M) Amendment 1.

Commencement Information

I3 Reg. 56 in force at 10.1.2023, see reg. 1(1)

Watchkeeping arrangements in port U.K.

57.—(1) The master of a ship which is safely moored, or safely at anchor under normal circumstances in port, must arrange for an appropriate and effective watch to be maintained for the purposes of safety.

(2) The arrangements required by paragraph (1) must be in accordance with—

(a) section A-VIII/2, Part 5, of the STCW Code (watchkeeping in port); and

(b) any requirements specified in Merchant Shipping Notice 1868 (M) Amendment 1.

Commencement Information

I4 Reg. 57 in force at 10.1.2023, see reg. 1(1)

Watchkeeping arrangements in port for ships carrying hazardous cargo U.K.

58.—(1) The master of a ship which is carrying hazardous cargo and which is in port, even when safely moored or safely at anchor, must, in addition to any watchkeeping arrangements required under regulation 57 (watchkeeping arrangements in port), in the case of—

(a) a ship carrying hazardous cargo in bulk, ensure that a safe deck watch and safe engineering watch are maintained by the ready availability on board of a duly qualified officer or officers and, where appropriate, ratings; and

(b) a ship carrying hazardous cargo other than in bulk, ensure that in organising safe watchkeeping arrangements account is taken of the nature, quantity, packing and stowage of the hazardous cargo and of any special conditions on board, afloat and ashore.

(2) Such watchkeeping arrangements must take account of the principles and requirements specified in Merchant Shipping Notice 1868 (M) Amendment 1.

(3) In this regulation, “hazardous cargo” means cargo which is or may be explosive, flammable, toxic, health-threatening or polluting to the marine environment.

Commencement Information

I5 Reg. 58 in force at 10.1.2023, see reg. 1(1)

Exemptions U.K.

59.—(1) The Secretary of State may exempt a ship or class of ships from any of the requirements of this Part if satisfied that compliance with such provision is either impracticable or unreasonable.

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

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

(5) An exemption granted under paragraph (1), or an 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.

(6) The requirement that an exemption granted under paragraph (1), or an alteration or cancellation under paragraph (3), must 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.

Commencement Information

I6 Reg. 59 in force at 10.1.2023, see reg. 1(1)

(1)

S.I. 1998/2771, amended by S.I. 2018/242. There are other amending instruments but none is relevant.

(2)

IMO Resolution A.1047(27) was adopted on 30th November 2011 and is available from the IMO of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch).

(3)

Merchant Shipping Notice 1868 (M) Amendment 1 can be found at https://www.gov.uk/government/collections/merchant-shipping-notices-msns 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]) and on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency.