These Regulations implement provisions of Chapter XI-1 (special measures to enhance maritime safety) in the Annex to the International Convention on the Safety of Life at Sea, 1974 (“the Convention”) which are not already implemented in other United Kingdom legislation.
The Regulations apply, with certain limited exceptions, to United Kingdom ships engaged on international voyages and to non-United Kingdom ships in United Kingdom waters (regulation 4). Apart from the requirement in regulation 9 for a Continuous Synopsis Record, the Regulations apply to United Kingdom Class A passenger ships, United Kingdom Class B passenger ships certified to carry more than 250 passengers and to United Kingdom tankers engaged on non-international voyages.
The Regulations contain a requirement for passenger ships of 100 gross tonnage or more and cargo ships of 300 gross tonnage or more to have a ship identification number (regulation 7). They also require operators of ships, other than cargo ships under 500 gross tonnage, to have a Company and registered owner identification number (regulation 8). Ships engaged on international voyages, other than cargo ships under 500 gross tonnage, must also hold a continuous synopsis record (regulation 9).
The requirement in regulation 2 of Chapter XI-1 that a survey of an oil tanker must be carried out in accordance with the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (“the ESP Code”) is implemented by way of amendments to regulation 9 of the Merchant Shipping (Survey and Certification) Regulations 2015 (“the 2015 Regulations”) which are contained in the Schedule.
Future amendments to the provisions of Chapter XI-1 of the Convention which are referenced in these Regulations, and in regulation 9 of the 2015 Regulations, will be automatically incorporated in United Kingdom law when they come into force internationally by way of the ambulatory reference provisions in regulation 5 of these Regulations and regulation 9 of the 2015 Regulations.
The Regulations provide for the granting of exemptions (regulation 6). The Regulations also provide for contravention of the various requirements in regulations 7 to 9 to be offences and subject to criminal penalties (regulation 10). In cases of non-compliance with the requirement of the Regulations, a ship may be detained (regulation 11). Failure to meet the requirement for oil tankers to be surveyed in accordance with the ESP Code is subject to a criminal penalty under the 2015 Regulations.
Regulation 12 requires the Secretary of State to review the operation and effect of these Regulations and publish a report before the end of the period of five years beginning with the date on which the Regulations come into force, and at intervals not exceeding 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 amended or revoked. A further instrument would be needed to amend or revoke the Regulations.
Marine Guidance Note 660 (M) provides further information on the Regulations and MSF 5623A provides guidance on the specific requirement for a continuous synopsis record. These guidance documents are available on www.gov.uk/topic/ships-cargoes/m-notices and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk).
The Convention and its Protocol of 1988 may be obtained in hard copy from the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR and both are available on the Foreign, Commonwealth and Development Office (FCDO) treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/). The text of the IMO Resolutions amending the Convention and Protocol may be obtained in hard copy from the IMO or are available at the IMO Index of Resolutions (https://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Pages/MEPC.aspx), or on the FCDO treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/).
Future amendments to the Convention and to the Protocol may be obtained from the IMO in hard copy or at the Index of Resolutions and, after coming into force in the United Kingdom, found on the FCDO treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/). Until such publication is made on the FCDO treaties database, an amendment will be available in hard copy from the MCA and on https://www.gov.uk. An amendment will be publicised in advance of its in-force date by means of a Parliamentary Statement to both Houses of Parliament and by way of a Marine Guidance Note, which will be available in hard copy from the MCA and on https://www.gov.uk.
A full impact assessment has not been produced for this instrument as the Regulations relate to the updating and maintenance of existing standards and no, or no significant, impact on the private, public or voluntary sector is foreseen.
An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.