UK Offence Report

The Merchant Shipping (Fire Protection) Regulations 2023

UK Statutory Instrument 2023 No. 568 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
24 May 2023
In force from
15 June 2023
Extent
Not stated
Subject
Transport: maritime, aviation, rail and harbours
Made under
Merchant Shipping Act 1995, Schedule 8 to the European Union (Withdrawal) Act 2018

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 amendments to Chapter II-2 of the International Convention for the Safety of Life at Sea, 1974 (“the Convention”) relating to fire protection, fire detection and fire extinction, and also make provision in respect of ships to which the Convention does not apply. The Regulations revoke and replace the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998 (S.I. 1998/1012), the Merchant Shipping (Fire Protection) Regulations 2003 (S.I. 2003/2950) and the provisions that amend both sets of Regulations. The Regulations contain requirements relating to a ship’s structural fire protection and apply to ships that may be on international or non-international voyages. They deal separately with ships constructed before 1st July 2002 (Part 2), ships constructed between 1st July 2002 and before 1st July 2012 engaged on international voyages (Part 3), ships constructed on or after 1st July 2002 and engaged on non-international voyages (Part 4), ships constructed on or after 1st July 2012 engaged on international voyages (Part 5) and ships of Classes XI and XII (Part 6). The 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. They apply to passenger ships of Classes I, II and II(A), and to non-passenger ships of Classes VII, VII(A), VII(T), VIII, VIII(A), VIII(T), VIII(A)(T), IX, IX(A), IX(A)(T), XI and XII. These classes of ship are defined in Schedule 2. The Regulations implement all amendments to Chapter II-2 as at the date on which this instrument comes into force. All future amendments to the provisions listed in regulation 1.2 of Part A (applicable requirements to existing ships) and regulation 1.6 of Part A (application of requirements to tankers), and Parts B, C, D, E and G, of Chapter II-2 (fire protection requirements), will be automatically incorporated into the Regulations by way of the ambulatory reference provision in regulation 6. The Regulations provide for repairs, alterations, modifications and outfitting (regulation 7), the approval of equipment and arrangements for fire protection, fire detection and fire extinction (regulation 8), equivalents (regulation 9) and the granting of exemptions (regulation 10). The Secretary of State may also approve alternative design and arrangements for ships (regulation 11). The detail of the requirements for ships constructed before 1st July 2002 (whether engaged on international or non-international voyages) is contained in Merchant Shipping Notice 1900 (M), which is given statutory force by these Regulations (regulation 13). Particular standards referred to in Merchant Shipping Notice 1900 (M) are contained in Merchant Shipping Notices 1665 (M), 1666 (M), 1667 (M), 1668 (M) and 1669 (M), which are also given statutory force by these Regulations (regulation 13). Some of the provisions listed in regulation 1.2, and some of the provisions contained in regulation 1.6 of Part A and in Parts B, C, D, E and G of Chapter II-2, also apply to ships constructed before 1st July 2002; these requirements are implemented by regulation 13. The detail of the requirements for ships constructed on or after 1st July 2002 and before 1st July 2012 and engaged on international voyages are contained in Merchant Shipping Notice 1901 (M) (regulation 15). Some of the provisions listed in regulation 1.2, and some of the provisions contained in regulation 1.6 of Part A and in Parts B, C, D, E and G of Chapter II-2, also apply to ships constructed on or after 1st July 2002 and before 1st July 2012; these requirements are implemented by regulation 15. The detail of the requirements for ships constructed on or after 1st July 2002 engaged on non-international voyages is contained in Merchant Shipping Notice 1902 (regulation 17). The detail of the requirements for passenger ships and cargo ships constructed on or after 1st July 2012, which are engaged on international voyages, is contained in regulation 1.6 of Part A and Parts B, C, D, E and G of Chapter II-2 (fire protection requirements) by direct reference to the convention requirements (regulation 19). Separate provision is also made in regulation 21 for ships of Class XI (sailing ships (other than fishing vessels and ships of Class XII) which proceed to sea) and Class XII (pleasure vessels of 13.7 metres in length or over but excluding pleasure vessels to which the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 (S.I. 1998/1011) apply); the detail of the requirements applicable to them is contained in Merchant Shipping Notice 1900 (M). The Regulations also provide that where any ship is used in contravention of the requirements of these Regulations, this is an offence by the owner and master of the ship (regulation 22), except in the case of a specified contravention relating to the operation of the inert gas system (regulation 22(3)), which is an offence by the master alone. Regulation 23 provides for the detention of ships that do not comply with the Regulations. Regulation 24 requires the Secretary of State to review the operation and effect of the 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. Guidance on Merchant Shipping Notice 1900 (M) is contained in Marine Guidance Note 666 (M) and guidance on Merchant Shipping Notice 1901 (M) and Merchant Shipping Notice 1902 is contained in Marine Guidance Note 667 (M). Merchant Shipping Notices 1900 (M), 1901 (M) and 1902 (M) also contain guidance on the content of each Merchant Shipping Notice and its relationship with the Regulations. All Merchant Shipping Notices referred to in these Regulations 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/organisations/maritime-and-coastguard-agency. 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.fco.gov.uk/responsive/app/consolidatedSearch). The text of the IMO Resolutions amending the Convention and Protocol may be obtained from the IMO, or on the FCDO treaties database (https://treaties.fco.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 FCDO treaties database (https://treaties.fco.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. A full impact assessment has not been produced for this instrument as the Regulations relate to the updating and maintenance of existing regulatory standards and no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum is published 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.

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