UK Offence Report

The Merchant Shipping (Polar Code) (Safety) Regulations 2025

UK Statutory Instrument 2025 No. 1234 — creates 4 criminal offences.

4offences created
0recorded in force
0revoked
Made
1 December 2025
In force from
1 January 2026
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 revoke and replace the Merchant Shipping (Polar Code) (Safety) Regulations 2021 (S.I. 2021/1401), which implemented the requirements of Chapter XIV in the Annex to the International Convention for the Safety of Life at Sea, 1974 (“the Convention”) and the safety related requirements for ships in the International Code for Ships Operating in Polar Waters (“the Polar Code”). The new Regulations also implement the latest amendments to Chapter XIV and the Polar Code, adopted, respectively, by International Maritime Organization (IMO) Resolutions MSC.532(107) and MSC.538(107). The amendments to Chapter XIV apply the amendments to the Polar Code contained in Resolution MSC.538(107) to cargo ships of at least 300 gross tonnage but under 500 gross tonnage, fishing vessels of 24 metres or over in length overall, and pleasure vessels of 300 gross tonnage or more (“the additional categories of ship”); these amendments relate to the safety of navigation and voyage planning only. The amendments to the Polar Code insert new chapters 9-1 (safety of navigation) and 11-1 (voyage planning) into part 1-A of the Polar Code (safety requirements), which apply only to the additional categories of ship. Ships falling within the additional categories of ship which were constructed before 1st January 2026 need not comply with the additional requirements in chapters 9-1 and 11-1 until 1st January 2027, but all other ships must comply on the date these Regulations come into force. The Regulations apply, with certain limited exceptions, to United Kingdom ships and to the additional categories of ship, operating, or intending to operate, in polar waters (regulation 4). They also apply to non-United Kingdom ships of the same types which commence a voyage from, or end a voyage in, a port in the United Kingdom, and as part of that voyage operate in, or intend to operate in, polar waters. The Regulations provide for the granting of exemptions (regulation 6), approval of equivalents (regulation 7) and alternative design and arrangements (regulation 8). The Secretary of State may also approve matters contained in the Polar Code which provide for the approval of a ship’s flag administration (referred to in the Polar Code as “the Administration”) (regulation 9). All the safety related provisions of the Polar Code are implemented by these Regulations. The requirements for passenger ships and cargo ships of 500 gross tonnage or more operating in polar waters, other than the manning and training requirements, are contained in regulation 10. The requirements for fishing vessels of 24 metres in length overall, pleasure vessels of 300 gross tonnage or more and cargo ships of at least 300 gross tonnage but under 500 gross tonnage are contained in regulation 11. Regulation 12 contains specific provision relating to the Polar Water Operational Manual. The majority of these requirements are incorporated into the Regulations by direct reference to the requirements in the Polar Code. Future amendments to the provisions of Chapter XIV or the Polar Code will be automatically incorporated into the Regulations pursuant to the ambulatory reference provision in regulation 5. The Regulations provide for offences and penalties in the event of a contravention of the requirements of the Regulations (regulation 13). In cases of non-compliance with the Regulations, a ship may also be detained (regulation 14). Part 1 of the Schedule to the Regulations makes provision for the survey and certification of ships intending to operate in polar waters by way of amendment of the Merchant Shipping (Survey and Certification) Regulations 2015 (S.I. 2015/508), including new regulations 9B and 13B. Part 1 of the Schedule to the Regulations also implements the manning and training requirements contained in chapter 12 of part 1-A of the Polar Code (other than paragraph 12.3.4 in that chapter, which is implemented in regulation 12(2)(b)) by way of amendment of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 (S.I. 2022/1342) (“the 2022 Regulations”); these requirements are contained in new regulations 16A to 16C of the 2022 Regulations. Part 1 of the Schedule to the Regulations also makes consequential amendments to the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104). Marine Guidance Note 637 (M) has been revised and provides guidance on how the Secretary of State will exercise discretion where the Polar Code permits this. Merchant Shipping Notice 1866 (M) Amendment 1 has also been revised as a consequence of the amendments to the 2022 Regulations. Marine Guidance Note 637 (M) Amendment 1 and Merchant Shipping Notice 1866 (M) Amendment 2 are available from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email MarineTechnology@mcga.gov.uk) and can be found at https://www.gov.uk/topic/ships-cargoes/m-notices. The Convention and its Protocol of 1988 may be obtained in copy from the 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 containing the amendments to the Convention and Protocol may be obtained from the IMO directly or at https://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Pages/MSC-2022-23.aspx (the Resolutions for IMO meeting MSC.107), or from the MCA, or found 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 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 www.gov.uk/government/collections/marine-guidance-notices-mgns. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. Instead, a de minimis assessment has been prepared and is published alongside the instrument on www.legislation.gov.uk. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

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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