UK Offence Report

The Merchant Shipping (Carriage of Cargoes) Regulations 2024

UK Statutory Instrument 2024 No. 637 — creates 6 criminal offences.

6offences created
0recorded in force
0revoked
Made
15 May 2024
In force from
11 June 2024
Extent
Not stated
Subject
Transport: maritime, aviation, rail and harbours
Made under
Merchant Shipping Act 1995

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 VI of the Annex to the International Convention for the Safety of Life at Sea, 1974 (“the Convention”), which relates to carriage of cargoes and oil fuels by ships engaged on international voyages. These Regulations revoke and replace the Merchant Shipping (Carriage of Cargoes) Regulations 1999 (S.I. 1999/336) and, subject to specified exceptions, they apply to all seagoing United Kingdom ships and seagoing non-United Kingdom ships when in United Kingdom waters (regulation 4). These Regulations implement all amendments to Chapter VI as at the date on which this instrument comes into force. Chapter VI also gives effect to the International Maritime Solid Bulk Cargoes (IMSBC) Code and the International Code for the Safe Carriage of Grain in Bulk (“International Grain Code”), and specifically sub-chapter 1.9 of the Code of Safe Practice for Cargo Stowage and Securing. These Regulations also therefore give effect to the mandatory requirements in those instruments. All future amendments to the provisions of Chapter VI and the International Grain Code will be automatically incorporated into these regulations by way of the ambulatory reference provision (regulation 5) made under the power in section 306A of the Merchant Shipping Act 1995. These Regulations provide for the granting of exemptions (regulation 6), the approval of equivalents (regulation 7) and the granting of approvals (regulation 8). Part 2 (regulations 9 to 13) makes provision in respect of the requirements applying in relation to ships carrying cargoes (including specific provision in Merchant Shipping Notice 1917(M) and in regulation 10 relating to owners or masters). Regulations 11 and 12 make specific provision in respect of the duties on shippers, forwarders and terminal representatives. Regulation 13 contains power to issue a document of authorisation under the International Grain Code. Part 3 (regulations 14 to 19) makes provision for control and enforcement. Regulation 14 makes it an offence by the owner and master for a ship to be used in contravention of any of the requirements in, or listed in, these Regulations (including the specific provision in regulation 10 and paragraph 3 of Merchant Shipping Notice 1917(M)). Regulations 15 and 16 make it an offence by shippers and forwarders, and terminal representatives, to contravene the requirements specified in regulations 11 and 12 respectively. Regulation 18 contains power to detain a ship in cases of non-compliance with these Regulations. Regulation 19 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 these 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. Merchant Shipping Notice 1917(M) is 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 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 Written Ministerial Statement to both Houses of Parliament and by way of a Marine 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 no, or no significant, impact on the private or voluntary 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.

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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