UK Offence Report

The Merchant Shipping (International Safety Management (ISM) Code) Regulations 2026

UK Statutory Instrument 2026 No. 194 — creates 4 criminal offences.

4offences created
0recorded in force
0revoked
Made
4 March 2026
In force from
31 March 2026
Extent
Not stated
Subject
Health and safety, environment, waste and fisheries
Made under
Merchant Shipping Act 1995, Retained EU Law (Revocation and Reform) Act 2023

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, replace and consolidate within a single instrument the legislation that gives effect to Chapter IX of the International Convention for the Safety of Life at Sea, 1974 (the “SOLAS Convention”), requiring compliance by the companies that own, or are responsible for operating, ships with the International Safety Management Code (the “ISM Code”). The legislation that is revoked, replaced and consolidated by this instrument comprises— Regulation (EC) No. 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community repealing Council Regulation (EC) No. 3051/95 (EUR 336/2006); Commission Regulation (EC) No. 540/2008 of 16 June 2008 amending Annex II to Regulation (EC) No. 336/2006 of the European Parliament and of the Council on the implementation of the International Safety Management (ISM) Code within the Community, as regards format of forms (EUR 540/2008); and the Merchant Shipping (International Safety Management (ISM) Code) Regulations 2014 (S.I. 2014/1512). The new Regulations continue to extend the application of the ISM Code beyond the international requirements under Chapter IX of the SOLAS Convention, which apply to ships engaged in international voyages, to certain ships operating on domestic voyages. The scope of the new Regulations remains generally the same as the legislation which they replace, when that legislation was originally made. But changes have been made to deal with gaps that have arisen since the United Kingdom left the European Union and with an omission that has been identified in S.I. 2014/1512 in respect of roll-on/roll-off ferries operating in United Kingdom internal waters (known as Categorised Waters). The new Regulations update procedural and enforcement provisions to bring them into line with the approach in other more recent legislation implementing SOLAS Convention obligations, including the creation of a new offence relating to falsification of documents. Part 1 provides that future amendments to the provisions of the SOLAS Convention and certain other international instruments referred to in the Regulations will be automatically given effect in domestic law by way of the ambulatory reference provision in regulation 4, made under the power in section 306A of the Merchant Shipping Act 1995. Regulation 5 provides that the Regulations apply to passenger ships and to cargo ships of 500 gross tonnage and above and that in the case of United Kingdom registered ships they apply to such ships anywhere in the world but only apply to non-United Kingdom ships when they are in UK waters. There are certain exceptions, including government ships on non-commercial service, fishing vessels and pleasure vessels. The Secretary of State may grant exemptions under regulation 6. Part 2 requires ISM companies which own or operate ships to which the Regulations apply to comply with the ISM Code and imposes separate duties on the master of the ship and designated persons within the ISM company relating to the safe operation of the ship (regulations 8 to 11). Part 3 of the Regulations deals with verification and certification of ISM companies and ships. Regulations 12 to 17 set out verification requirements for ISM companies and United Kingdom ships for which they are responsible, and the procedures for the issuing of Documents of Compliance and Safety Management Certificates. Regulations 18 and 19 deal with duration, validity, suspension and cancellation of Documents of Compliance and Safety Management Certificates. Regulations 20 and 21 provide for verification and certification of United Kingdom ships by other SOLAS Convention countries and for the Secretary of State to verify and certify ships flagged to other SOLAS Convention countries, and their ISM companies. Regulation 22 provides for arbitration of disputes relating to verification. Regulation 23 prohibits non-United Kingdom ships in United Kingdom waters from proceeding to sea or on any voyage without relevant documentation. Part 4 provides that contraventions of certain requirements are offences and for the detention of ships which do not comply with the Regulations. Part 1 of the Schedule makes consequential amendments to other legislation and Part 2 lists legislation being revoked. Merchant Shipping Notices 1387(M) Amendment 3 and M.161 and Marine Guidance Note 708 (M), referred to in these Regulations, are available from the Maritime and Coastguard Agency (MCA) at Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email MarineTechnology@mcga.gov.uk) and on https://www.gov.uk/government/collections/merchant-shipping-notices-msns and https://www.gov.uk/government/collections/marine-guidance-notices-mgns. Copies of the SOLAS Convention, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the “STCW Convention), the ISM Code and the Code for Recognized Organizations (the “RO Code”) may be obtained in copy from the International Maritime Organization (“IMO”), 4 Albert Embankment, London SE1 7SR. The SOLAS Convention and the STCW Convention are also available, together with the United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”), from the Foreign, Commonwealth and Development Office (“FCDO”) treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/). The text of IMO Resolutions amending the SOLAS Convention, the STCW Convention, the ISM Code and the RO Code may be obtained from the IMO and are available at https://www.imo.org/en/knowledgecentre/indexofimoresolutions/pages/default.aspx. Future amendments to the SOLAS Convention, the STCW Convention, the ISM Code and the RO Code may be obtained in copy from the IMO. Future amendments to the SOLAS Convention and STCW Convention, may, after coming into force in the United Kingdom, also be obtained from the FCDO treaties database. 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 Guidance Note, which will be available in copy from the MCA and on https://www.gov.uk/government/collections/marine-guidance-notices-mgns. An Explanatory Memorandum and a de minimis assessment have been prepared and are published alongside this instrument at 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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