UK Offence Report

The Merchant Shipping (Safety Measures for Ships Carrying Industrial Personnel and Special Personnel) Regulations 2025

UK Statutory Instrument 2025 No. 1298 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
15 December 2025
In force from
19 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 implement amendments to the Annex to the International Convention for the Safety of Life at Sea, 1974 (“the Convention”) adopted by International Maritime Organization (IMO) Resolution MSC.521(106) and which came into force on 1st July 2024. The amendments insert new Chapter XV into the Annex to the Convention, which contains safety measures for the carriage of industrial personnel. The Regulations also implement the International Code for Ships Carrying Industrial Personnel (“the IP Code”), adopted by IMO Resolution MSC.527(106), which is made mandatory by Chapter XV and was given effect on 1st July 2024. The Regulations also implement two further non-mandatory Codes developed in the IMO: the Code of Safety for Special Purpose Ships, 1983 (“the SPS Code 1983”) and the Code of Safety for Special Purpose Ships, 2008 (“the SPS Code 2008”), relating to the carriage of special personnel. The Regulations contain requirements relating to the safe carriage of industrial personnel who are transported or accommodated on board cargo ships of any size and on high speed cargo craft for the purpose of offshore industrial activities. They apply where there is a total of more than 12 persons on board, consisting of industrial personnel, special personnel and passengers, where the maximum number of passengers does not exceed 12. The Regulations also contain requirements for the safe carriage of special personnel who are carried on board a ship in connection with the special purpose of that ship or because of special work being carried out on board the ship and apply where there is a total of more than 12 special personnel being carried on board, of which a maximum of 12 can be passengers. Industrial personnel and special personnel are neither passengers nor crew. In a situation where both industrial personnel and special personnel are being carried at the same time, the IP Code applies rather than the relevant SPS Code. The Regulations apply, with limited exceptions, to cargo ships, high speed cargo craft and special purpose ships which are United Kingdom ships (regulation 4). They apply to the same types of ships flying the flag of another State, including States which are not parties to the Convention, when those ships are in United Kingdom waters. The Regulations contain an ambulatory reference provision (regulation 5) so that any future amendments to provisions of the IP Code referenced in the Regulations will be automatically incorporated into the Regulations. Updates to the SPS Code 1983 or the SPS Code 2008 may be given legal effect by specifying them in a Merchant Shipping Notice (regulation 3(2)). The Regulations provide for the granting of exemptions (regulation 6), the approval of equivalents (regulation 7) and for the approval of equipment and arrangements relating to the carriage of industrial personnel and special personnel (regulation 8). The detail of the requirements for cargo ships and high speed cargo craft carrying industrial personnel and constructed on or after 1st July 2024 is contained in regulation 9. Grandfathering arrangements for cargo ships and high speed cargo craft carrying industrial personnel and constructed before 1st July 2024 are contained in regulation 10. Regulation 10 allows a relevant ship which was authorised by a State to carry more than 12 industrial personnel before 1st July 2024 to continue to do so in accordance with that authorisation and otherwise to comply with only certain specified provisions of the IP Code. The detail of the requirements for ships carrying special personnel (special purpose ships) is contained in regulation 11, including grandfathering exceptions for special purpose ships which were operating in accordance with the SPS Code 1983 on 1st July 2024 and allows them to continue to do so in specified circumstances. Regulation 12 contains requirements on the owner and master to ensure that special personnel are subject to basic training requirements before going on board the ship. Regulation 13 contains provision for offences and penalties and regulation 14 provides for the detention of cargo ships, high speed cargo craft and special purpose ships that do not comply with the Regulations. Provision relating to the issue of certification for cargo ships and high speed cargo craft carrying industrial personnel and for ships carrying special personnel is made in the Merchant Shipping (Survey and Certification) Regulations 2015 (S.I. 2015/508) (“the 2015 Regulations”) by way of amendments to those Regulations contained in the Schedule to these Regulations. Amendments to the Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022 (S.I. 2022/41) (“the HSOSC Regulations”) are made to allow operators of high speed craft (including hovercraft) under 500 gross tonnage to elect to be certified under either the 2015 Regulations (and therefore comply with the requirements of the HSOSC Regulations) or under the Merchant Shipping (High Speed Craft) Regulations 2022 (S.I. 2022/1219) (“the High Speed Craft Regulations”) for the purposes of carrying industrial personnel. These amendments are contained in the Schedule. Consequential amendments are also made to the High Speed Craft Regulations to ensure that high speed craft that would otherwise be in scope of the HSOSC Regulations can be subject to the High Speed Craft Regulations. The Schedule also contains other consequential amendments. Guidance relating to the Regulations is contained in Marine Guidance Note (MGN) 701 (M), which is available from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email vesselstandards @mcga.gov.uk) and at https://www.gov.uk/government/collections/marine-guidance-notices-mgns. The text of the Code of Safety for Special Purpose Ships, 2008 and the Code of Safety for Special Purpose Ships, 1983 is contained, respectively, in Merchant Shipping Notice (MSN) 1919 (M) and Merchant Shipping Notice (MSN) 1920 (M), which can be found at https://www.gov.uk/government/collections/merchant-shipping-notices-msns; they are also available in hard copy from the MCA. 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 from the IMO in hard copy or at https://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Pages/Default.aspx. 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 https://www.gov.uk. A full impact assessment has not been produced for this instrument as 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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