UK Offence Report

Offences and penalties

regulation 13(1) of The Merchant Shipping (Polar Code) (Safety) Regulations 2025

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 Any contravention of— a regulation 8(8) (recording of alternative design and arrangements); b regulation 10(2)(a)(i) (performance standards); c regulation 10(2)(a)(ii) (operational assessment); d regulation 10(2)(b) to (j) (requirement to comply with chapters 2 to 9 and 10 of part 1-A of the Polar Code: safety measures); e regulation 11(3)(a) (safety of navigation under chapter 9-1 of part 1-A of the Polar Code); f regulation 11(4)(a) (requirement to comply so far as is reasonably practicable with performance standards); or g regulation 11(4)(b) (requirement to comply so far as is reasonably practicable with operational assessment), is an offence by the owner and master of the ship in respect of each case of non-compliance.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
an owner
Conduct
contravening a requirement of the instrument
Fault element
Objective fault
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened and that it fell below the standard the provision sets. That is an objective test - what a reasonable person in the same position would have done, not what this defendant actually thought.

What an owner personally believed or intended is not the question; the standard is what was reasonable.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: objective standard in the offence-creating words: so far as is reasonably practicable, reasonably practicable.

What would breach regulation 13(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing the thing the provision prohibits under the Merchant Shipping (Polar Code) (Safety) Regulations 2025, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
1 December 2025
In force from
1 January 2026
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

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.

Read the full note and every offence in this instrument

How this became law

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.

Neither House could have amended it. A statutory instrument is put to each House as a whole thing, to be approved or not; the Houses can reject an instrument or record their regret, but they cannot change a word of it. That is the constitutional position for every offence on this site.

The full procedural history →

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.62.

Basis
the provision says an offence is committed “if” something happens
Confidence
0.62 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source