The Merchant Shipping (Inspections of Ro-Ro Passenger Ships and High-Speed Passenger Craft) Regulations 2023

These Regulations may be cited as the Merchant Shipping (Inspections of Ro-Ro Passenger Ships and High-Speed Passenger Craft) Regulations 2023 and come into force on the 5th October 2023.

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

In these Regulations—

• “the Act” means the Merchant Shipping Act 1995;

• “annual flag State survey” means a survey in accordance with the HSSC carried out by the State whose flag a ship is entitled to fly;

• “company”, in relation to a ro-ro passenger ship or a high-speed passenger craft, means—

  1. a

     where Chapter 9 of SOLAS applies, a reference to the person who has assumed responsibility for the duties and responsibilities imposed by the International Management Code for Safe Operation of Ships and for Pollution Prevention (the ISM Code)2; or

  2. b

     where Chapter 9 of SOLAS does not apply—

     1. i

        the owner of the ship or craft; or

     2. ii

        the person (such as the manager or bareboat charterer) who has assumed responsibility for the operation of the ship or craft from the owner;

• “dangerous goods” means goods classified in the IMDG Code or in any other IMO publication referred to in these Regulations as dangerous for carriage by sea, and any other substance or article that the shipper has reasonable cause to believe might meet the criteria for such classification under Part 2 of the IMDG Code. This expression—

  1. a

     includes—

     1. i

        residues in empty receptacles, empty tanks or cargo holds which have been used previously for the carriage of dangerous goods unless such receptacles, empty tanks or cargo holds have been cleaned and dried, purged, gas freed or ventilated as appropriate or, in the case of radioactive materials, have been both cleaned and adequately closed;

     2. ii

        goods labelled, marked or declared as dangerous goods, and

  2. b

     does not include goods forming part of the equipment or stores of the ship in which they are carried;

• “flag State”, in relation to a ship, means the State whose flag the ship is entitled to fly;

• “gross tonnage” means gross tonnage as determined in accordance with regulation 6 or 12(1) of the Merchant Shipping (Tonnage) Regulations 19973;

• “high-speed passenger craft” means a craft as defined in Regulation 1 of Chapter X of SOLAS, and carrying more than 12 passengers;

• “HSSC” means the International Maritime Organization Survey Guidelines under the Harmonized System of Survey and Certification4;

• “IBC Code” means the 1998 Edition 2 of the IMO International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

• “IMDG Code” means the 2020 Edition of the IMO International Maritime Dangerous Goods Code as amended;

• “IMO” means the International Maritime Organization;

• “inspector” means, other than in relation to the expression “port state control inspector”, a person duly authorised by the Secretary of State to carry out inspections required by these Regulations and “inspection” is to be construed accordingly;

• “international conventions” means—

  1. a

     SOLAS;

  2. b

     STCW;

  3. c

     the Convention on the International Regulations for Preventing Collisions at Sea, 19725;

  4. d

     the International Convention on Load Lines 19666;

  5. e

     the International Convention on Tonnage Measurement of Ships, 19697,

  together with the protocols and amendments to these Conventions and related Codes of mandatory status;

• “load line” means a mark on a ship indicating the maximum depth to which the ship may be loaded in accordance with the Merchant Shipping (Load Line) Regulations 19988;

• “marine pollutant” means a substance classified as such in the IMDG Code, or as a noxious liquid substance in the IBC Code, oil as defined in Annex I to the MARPOL Convention, excluding bunkers and ship’s stores and any other substance, material or article that the shipper has reasonable cause to believe might meet the criteria for such classification in accordance with the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 19979;

• “maritime mobile service identity number” means a unique nine-digit identification number that may have been issued in respect of a ship by the appropriate authority10 of the flag State;

• “the MARPOL Convention” means the International Convention for the Prevention of Pollution from Ships 1973, as amended by the Protocols of 1978 and 199711;

• “the Paris MOU” means the Memorandum of Understanding on Port State Control, signed in Paris on 26 January 198212;

• “polluting goods” means oil, noxious liquid substances and harmful substances in packaged form;

• “port state control inspection” means an inspection under the system for the enforcement of international standards, as provided for by the Merchant Shipping (Port State Control) Regulations 201113, and references to a “port state control inspector” are to an inspector duly authorised by the Secretary of State to carry out inspections required by those Regulations;

• “pre-commencement inspection” means an inspection under regulation 5(2);

• “prohibition of departure notice” means a notice issued in accordance with regulation 8;

• “recognised organisation” means any organisation which continues to be recognised under Regulation (EC) No. 391/200914;

• “regular service” means a series of ro-ro passenger ship or high-speed passenger craft crossings operated so as to serve traffic between the same two or more ports, or a series of voyages from and to the same port without intermediate calls, either—

  1. a

     according to a published timetable; or

  2. b

     with crossings so regular or frequent that they constitute a recognisable systematic series;

• “relevant statutory requirement” means a requirement in a provision in a statutory instrument which implements an international convention and which is made under—

  1. a

     the Act, including statutory instruments made under an order made under the Act, or

  2. b

     the European Communities Act 197215;

• “ro-ro passenger ship” means a ship with facilities to enable road or rail vehicles to roll on and roll off the ship, and carrying more than 12 passengers;

• “Safety Management Certificate” means the Safety Management Certificate referred to in Regulation 4 of Chapter IX of SOLAS;

• “shipper” means any person who, whether as principal or agent for another, consigns goods for carriage by sea;

• “special category spaces” means special category spaces as defined in Regulation II-2/3 of SOLAS;

• “sub-division load line” means a waterline used in determining the subdivision of a ship;

• “SOLAS” means the International Convention for the Safety of Life at Sea, 197416;

• “STCW” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 197817;

• “United Kingdom ship” means a ship which—

  1. a

     is registered in the United Kingdom; or

  2. b

     is not registered under the law of any country but is wholly owned by persons each of whom is—

     1. i

        a British citizen, a British overseas territories citizen or a British Overseas citizen, or

     2. ii

        a body corporate which is established under the law of any part of the United Kingdom and has its principal place of business in the United Kingdom.

For the purposes of paragraph (2), the international convention is modified or replaced if the modification or replacement takes effect in accordance with the relevant Article of the convention referred to in paragraph (4).

In these Regulations, references to “written” or “in writing” include the provision of such communication by electronic mail, facsimile or similar means, which is capable of producing a document containing the text of any communication and in a form sufficiently permanent to be used for subsequent reference.

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

A pre-commencement inspection may only be arranged if, the company or the master of the ship, notifies the Secretary of State of the information specified in paragraph (4) in accordance with paragraph (5).

The information must be notified in writing to the Secretary of State at least two months before the day of the proposed commencement of the regular service.

The Secretary of State may request that a company provides evidence of compliance with the requirements of Part 1 of Schedule 2 in advance but no earlier than one month before the date of the pre-commencement inspection.

Where due to unforeseen circumstances there is an urgent need for a replacement ship to be introduced rapidly to ensure continuity of service and the Secretary of State has not exercised the discretion under paragraph (1), the Secretary of State may decide that the ship may start operating provided that the Secretary of State has no reason to believe that the ship does not fulfil any of the requirements set out in Schedule 2.

Any decision of the Secretary of State under this regulation in respect of a ship must be communicated in writing to the company.

Subject to paragraph (3), the Secretary of State must, in relation to each ship, ensure that the inspections set out in paragraph (2) are carried out once during the period of 12 months beginning with the date on which a ship is first used to operate a particular regular service and thereafter during each subsequent period of 12 months while the ship continues to be so used.

The inspection referred to in paragraph (2)(a) may be carried out at the same time as, or in conjunction with, the annual flag State survey for the ship provided that the relevant procedures and guidelines for surveys specified in HSSC or procedures designed to achieve the same goal are followed.

Where the Secretary of State considers that the safe operation of the ship is not affected by a change of company or transfer of maritime classification society, the Secretary of State may, after taking account of inspections previously carried out for that ship, exempt the ship from the inspection required under paragraph (6)(b) or, as the case may be, paragraph (6)(c).

The Secretary of State must inform a company of any deficiencies which are confirmed or revealed by an inspection of one of its ships.

Where a ship is liable to be detained under paragraph (2), the inspector detaining the ship must issue a prohibition of departure notice to the company and the master of the ship in accordance with paragraph (9).

Where an inspector suspends an inspection under paragraph (4), the inspector must issue a prohibition of departure notice to the company and the master of the ship in accordance with paragraph (9).

Without prejudice to any other relevant statutory requirement, where the Secretary of State has not been able to carry out an inspection of a ship in accordance with these Regulations, the ship may be detained by the Secretary of State.

Where a ship is liable to be detained under paragraph (6), the Secretary of State must issue a prohibition of departure notice to the company and the master of the ship including the reason for the detention in accordance with paragraph (9).

The risk of port congestion must not be a consideration in a decision whether to impose or to withdraw a prohibition of departure notice.

Where a deficiency referred to in paragraph (2) cannot be readily rectified in the port in which the deficiency has been confirmed or revealed, the person having powers to detain the ship may permit it to proceed to the nearest appropriate repair yard available where the deficiency can be readily rectified.

Subject to paragraph (14), section 96 (references of detention notices to arbitration) and section 97 (compensation in connection with invalid detention of ship) of the Act apply in relation to a prohibition of departure notice issued under this regulation as they apply in relation to a detention notice served under section 95 (power to detain dangerously unsafe ship).

Where a prohibition of departure notice is issued under regulation 8(3), (5) or (7), all costs of the Secretary of State relating to the issue of the notice and any subsequent inspection relating to the deficiencies which led to the issue of the notice must be covered by the company.

The prohibition of departure notice must not be withdrawn until full payment is made or a sufficient guarantee is given for reimbursement of the costs.

The Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 200120 are revoked.

Schedule 5 (consequential amendments) has effect.

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.

Subsequent reports must be published at intervals not exceeding 5 years.

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).