UK Offence Report

The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023

UK Statutory Instrument 2023 No. 246 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
6 March 2023
In force from
29 March 2023
Extent
Not stated
Subject
Transport: maritime, aviation, rail and harbours
Made under
Merchant Shipping Act 1995, S.I. 1998/2070, S.I. 2021/1316, S.I. 2021/592, S.I. 2022/1169

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement outstanding amendments to Chapter II-1 of the Annex to the International Convention for the Safety of Life at Sea, 1974 (“the Convention”), which relates to construction (structure, subdivision and stability, machinery and electrical installations) in respect of ships engaged on international voyages. These Regulations amend the Merchant Shipping (Cargo Ship Construction) Regulations 1997 (S.I. 1997/1509) and the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998 (S.I. 1998/2514) (“the 1998 Regulations”). The effect of these amendments is that, subject to certain exceptions, those instruments cease to apply to ships engaged on international voyages which are subject to Convention requirements; such ships must now only comply with the requirements in these Regulations. The exceptions comprise a number of provisions in the 1998 Regulations in respect of recording matters relating to the closure of openings in the hull, bulkheads and enclosed superstructures of passenger ships. These Regulations also amend the Merchant Shipping (Radio Installations) Regulations 1998 (S.I. 1998/2070), the Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021 (S.I. 2021/592) and the Merchant Shipping (Radiocommunications) (Amendment) Regulations 2021 (S.I. 2021/1316) and the Merchant Shipping (Nuclear Ships) Regulations 2022 (S.I. 2022/1169) to correct defects in those instruments. The effect of these Regulations is to prescribe Convention requirements relating to a ship’s construction (specifically its structure, subdivision and stability, machinery and electrical installations). These Regulations apply, with certain limited exceptions, to United Kingdom ships and to non-United Kingdom ships in United Kingdom waters, including ships from countries which are not parties to the Convention. These Regulations implement all amendments to Chapter II-1 as at the date on which this instrument comes into force. Chapter II-1 also gives effect to the International Code on Intact Stability, 2008, the International Goal-based Ship Construction Standards for Bulk Carriers and Oil Tankers, the Code on Noise Levels on Board Ships and the International Code of Safety for Ships using Gases or other Low-Flashpoint Fuels, and these Regulations also therefore give effect to the mandatory requirements in those instruments. All future amendments to the provisions of Chapter II-1, and the instruments referred to in them, will be automatically incorporated into these regulations by way of the ambulatory reference provision (regulation 6) made under the power in section 306A of the Merchant Shipping Act 1995. Regulation 5 makes provision for the requirements which apply to ships which undergo repairs, alterations or modifications. These Regulations provide for the granting of exemptions (regulation 7), the approval of equivalents (regulation 8) and the granting of approvals (regulation 9). Regulation 10 makes provision for the approval of alternative design and arrangements of ships built on or after 1st January 2009. Part 3 (regulations 11 and 12) makes provision for the requirements applying to ships constructed before 1st January 2009. Regulation 12 gives effect to Merchant Shipping Notice 1907(M) which sets out those requirements. Part 4 (regulations 13 and 14) and Part 5 (regulations 15 and 16) make provision for intermediate and new ships respectively. Regulation 13 applies Part 4 to intermediate ships, defined in regulation 2 as ships which are not new ships but which were constructed on or after 1st January 2009. Regulation 14 requires intermediate ships to comply with the requirements in Chapter II-I of the Convention which apply to them. Regulation 15 applies Part 5 to new ships, defined in regulation 2 as ships which include ships in respect of which a building contract is placed on or after 1st January 2020 (the definition includes alternative criteria). Regulation 16 requires new ships to comply with the requirements in Chapter II-I of the Convention which apply to them. Regulation 17 makes provision for a number of offences, specifically making it an offence by the owner and master for a ship to be used in contravention of any of the requirements of these Regulations. Regulation 18 contains power to detain a ship in cases of non-compliance with these Regulations. Regulations 19 to 22 (Part 7) amend four instruments to correct errors in them identified by the Joint Committee on Statutory Instruments. Regulations 19 and 20 amend regulation 7 of the Merchant Shipping (Radio Installations) Regulations 1998 and paragraph 5 of Schedule 2 to the Merchant Shipping (Radiocommunications) (Amendment) Regulations 2021 to correct errors in those provisions relating to the definitions of a specific term. Regulation 21 amends regulation 4 of the Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021 to correct an error in the provision establishing the date from which new ships (as defined in regulation 4 of those Regulations) must comply with those Regulations. Regulation 22 amends regulations 6, 20 and 31 of the Merchant Shipping (Nuclear Ships) Regulations 2022 to correct errors relating to approvals and offences and penalties, and paragraph 13 of the Schedule also makes a related consequential amendment to the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104). Regulation 23 requires the Secretary of State to review the operation and effect of these Regulations (with the exception of Part 7) and publish a report before the end of the period of five years from these Regulations coming 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 Notes (MGN) 670(M) and 671(M) also provide guidance on how the Secretary of State will exercise discretion where Chapter II-1 permits this. These are available 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) and on https://www.gov.uk/government/collections/marine-guidance-notices-mgns. Merchant Shipping Notices 1698(M) Amendment 1 and 1907(M) are available 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) and on https://www.gov.uk/government/collections/merchant-shipping-notices-msns. The Convention and its Protocol of 1988 may be obtained in 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 from the IMO or found in a Marine Information Note, 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 in copy from the IMO and, after coming into force in the United Kingdom, found on the Foreign, Commonwealth and Development Office (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 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 copy from the MCA and on https://www.gov.uk/government/collections/marine-guidance-notices-mgns. A full impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is available from the MCA of Spring Place, 105 Commercial Road, Southampton SO15 1EG and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Offences created by this instrument

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure
Made negative — law unless a motion to stop it succeeded
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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