The Merchant Shipping (Accident Reporting and Investigation) Regulations 2026
UK Statutory Instrument 2026 No. 430 — creates 4 criminal offences.
- Made
- 16 April 2026
- In force from
- 15 May 2026
- Extent
- Not stated
- Subject
- Transport: maritime, aviation, rail and harbours
- Made under
- Merchant Shipping Act 1995, Railways and Transport Safety Act 2003
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 (Accident Reporting and Investigation) Regulations 2012 (S.I. 2012/1743) (“the 2012 Regulations”). The Regulations set out the procedures in relation to the reporting and investigation of specified casualties and incidents which are collectively defined as an “accident”, including the purpose and scope of an investigation, the content of an investigation, and how an investigation is to be carried out. The requirements for reporting accidents and incidents and the publication of reports and summaries are also provided for. The Regulations in particular— align the definitions to those in the Code of the International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code) adopted by the IMO by Resolution MSC.255(84) on 16th May 2008 (“the IMO Code”) where appropriate (regulation 2); provide a definition of what constitutes an accident (regulation 3); specify when a duty to report an accident arises (regulation 6) and the required information (Schedule 1); set out the circumstances in which the Chief Inspector must or may carry out a safety investigation, and for terminating investigations (regulation 8); make provision for co-operation with other States who have an interest in participating in a safety investigation (regulation 14); make provision about disclosure of information, documents and records received by the Chief Inspector or produced in connection with the exercise of the Chief Inspector’s functions under the Regulations, and enable the Chief Inspector to disclose certain evidence to other investigating authorities who can demonstrate a legal entitlement to have that evidence (regulations 15 and 16); require the Chief Inspector to publish a safety report, or an interim report within 12 months of the date of the accident being notified to the Chief Inspector, and make provision as to what the report must include, reflecting the requirements of the IMO Code, and in certain circumstances, enable the Chief Inspector to publish a simplified report (regulation 17); make further provision as to disclosure of prescribed information relating to reports (regulation 18); make provision about other publications and recommendations of the Chief Inspector (regulations 20 – 21); specify penalties for offences under the Regulations (regulation 24); revoke the 2012 Regulations, an amending instrument, and an assimilated EU Commission Regulation and amend the Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35) to apply the provisions of these Regulations, with modification, in relation to watercraft (as defined in that Order) (regulation 25). A full Regulatory Impact Assessment has not been produced for this instrument as it is not expected to have significant impact on the private, public or voluntary sectors. Instead a de minimis assessment has been prepared as this instrument is likely to entail some costs for business, but the net impact is likely to be below £10 million per year. The de minimis assessment is published alongside the Explanatory Memorandum to these Regulations at www.legislation.gov.uk. Copies of the IMO Code may be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR.
Offences created by this instrument
- A person commits an offence if— a being a person mentioned in regulation 6(2), (3)(a) or (b), they fail without… regulation 24(1) · Status not determined · Objective fault
- A person who fails without reasonable excuse to comply with any requirement, duty or prohibition in regulation 10(1),… regulation 24(2) · Status not determined · Mixed — some elements strict, some not
- A person who without reasonable excuse discloses or permits to be disclosed— a any information, documents or records… regulation 24(3) · Status not determined · Strict liability
- A person who fails without reasonable excuse to comply with a requirement imposed on that person under regulation… regulation 24(4) · Status not determined · Mixed — some elements strict, some not
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.
- Committee
- Drawn to the special attention of the Houses by a scrutiny committee
Procedural history
- Instrument created 16 April 2026
- Instrument made (signed into law) 16 April 2026
- Laid before the House of Commons 22 April 2026 · Commons
- Laid before the House of Lords 22 April 2026 · Lords
- Instrument comes into force as law 15 May 2026
- Considered by the Secondary Legislation Scrutiny Committee (SLSC) 19 May 2026 · Lords
- Information paragraph provided by the Secondary Legislation Scrutiny Committee (SLSC) 19 May 2026 · Lords
- Objection period ends 23 June 2026
- Instrument remains law 23 June 2026
- Procedure concluded in the House of Commons and the House of Lords 23 June 2026 · Commons, Lords
- Considered by the Joint Committee on Statutory Instruments (JCSI) 24 June 2026 · Commons, Lords
- Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 24 June 2026 · Commons, Lords
- Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it is defectively drafted 24 June 2026 · Commons, Lords
From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2026