Citation. commencement and extent

1.—(1) These Regulations may be cited as the Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021 and come into force on 30th June 2021.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Interpretation

2.  In these Regulations—

“cargo ship” means a mechanically propelled ship that is not a—

“passenger” means any person carried on a ship except—

“passenger ship” means a ship which carries more than 12 passengers;

“pleasure vessel” means—

Application

3.—(1) Subject to paragraph (2), these Regulations apply to—

(a) United Kingdom ships which are cargo ships of less than 500 gross tons and which are 24 metres or more in length, wherever they may be; and

(b) non-United Kingdom cargo ships of less than 500 gross tons and which are 24 metres or more in length, while they are within United Kingdom waters.

(2) These Regulations do not apply to—

(a) non-United Kingdom cargo ships exercising the right of—

(i) innocent passage; or

(ii) transit passage through straits used for international navigation; and

(b) any naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government, non-commercial service.

(3) In this regulation—

“gross tons” means the gross tonnage of a ship determined in accordance with the Schedule (Gross Tonnage);

“length” has the same meaning as in regulation 2 of the Merchant Shipping (Load Line) Regulations 1998( 2).

Bilge water level detectors and alarms

4.—(1) A ship to which these Regulations apply must, at its effective date, have a bilge water level detector installed in—

(a) any engine room; and

(b) any other space where bilge water is likely to accumulate.

(2) A bilge water level detector referred to in paragraph(1)must sound an audible alarm which meets the requirements of paragraph(3)—

(a) at the control position, immediately upon the bilge water reaching the relevant level; and

(b) in all accommodation spaces, if the alarm has not been switched off at the control position after 30 seconds of the bilge water reaching the relevant level.

(3) The alarm must sound at a volume which—

(a) in the case of the control position, will be heard; and

(b) in the case of an accommodation space, is capable of waking a sleeping person,

in all of the weather and operational conditions reasonably anticipated to be applicable to that ship.

(4) Where a ship is fitted with more than one bilge water level detector, there must be a visual alarm at the control position which shows which of the bilge water level detectors has detected water reaching the relevant level.

(5) The bilge water level detectors and associated alarms required by this regulation must be able to continue to operate when the ship’s main power supply is not in operation.

(6) In this regulation—

“accommodation space” means a space used as a public space, corridor, lavatory, cabin, office, hospital, cinema, games and hobby room, barber shop, pantry without cooking appliances or any similar space;

“bilge water” means any water or other liquids that collect in the bilge;

“bilge water level detector” means a device which detects the level of bilge water in the bilge;

“control position” means the area from which the command and navigation of the ship is carried out;

“effective date” means—

“new ship” means a ship the keel of which is laid, or which is at a similar stage of construction, on or after the date on which these Regulations come into force;

“relevant level” means a level of bilge water that—

“similar stage of construction” means the stage at which—

Exemptions

5.—(1) The Secretary of State may grant exemptions from all or any of the requirements of these Regulations (as may be specified in the exemption) for individual cases or classes of case on such terms (if any) as the Secretary of State may specify if satisfied that—

(a) in any particular case or class of case compliance with such requirement or requirements is either impracticable or unreasonable; and

(b) the exemption is subject to such conditions and limitations as will provide a level of safety equivalent to that provided by the requirement or requirements from which the exemption is being granted.

(2) The Secretary of State may, on giving reasonable notice, alter or cancel an exemption that is granted in accordance with paragraph(1).

(3) An exemption granted under paragraph(1)and alteration or cancellation under paragraph(2)must—

(a) be in writing;

(b) specify the date on which it takes effect; and

(c) confirm the conditions (if any) on which it is given.

(4) In this regulation “in writing” includes the provision of such communication by electronic mail, facsimile or similar means which is capable of producing a document containing the text of any communication.

Offence and penalties

6.—(1) If a ship to which these Regulations apply does not meet the requirements of regulation 4, each of the owner, manager, demise charterer and master of that ship will, in respect of each case of non-compliance, be guilty of an offence.

(2) An offence under paragraph(1)is punishable—

(a) on summary conviction—

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both.

(3) In any proceedings for an offence under these Regulations it is a defence for the defendant to show that all reasonable steps had been taken by the defendant to ensure compliance with these Regulations.

Detention

7.—(1) A ship that does not meet the requirements of regulation4is liable to be detained until it complies.

(2) Section 284 of the Merchant Shipping Act 1995( 3) (enforcing detention of a ship) applies to that detention as if references to the detention of a ship under that Act were references to the detention of the ship under these Regulations.

Regulation 3

SCHEDULE Gross Tonnage

1.  The “gross tonnage” of a United Kingdom ship is to be determined in accordance with paragraphs 3 and 4, and the “gross tonnage” of a ship other than a United Kingdom ship is to be determined in accordance with paragraphs 5 to 7.

2.  In this Schedule—

“the 1997 Regulations” means the Merchant Shipping (Tonnage) Regulations 1997( 4);

“length” has the same meaning as in the 1997 Regulations; and

“the Tonnage Convention” means the International Convention on Tonnage Measurement of Ships, 1969( 5).

United Kingdom ships

3.  In the case of a ship of 24 metres in length or over for which the Secretary of State permits the continuing use of a gross tonnage pursuant to regulation 12(1) (use of gross tonnage ascertained under previous Regulations) of the 1997 Regulations, the “gross tonnage” is the smaller of—

(a) the largest gross tonnage permitted for that ship pursuant to regulation 12(1) of the 1997 Regulations; and

(b) the gross tonnage of the ship determined in accordance with regulation 6 (gross tonnage) of the 1997 Regulations.

4.  In the case of any other ship of 24 metres in length or over, the “gross tonnage” is the gross tonnage of the ship determined in accordance with regulation 6 (gross tonnage) of the 1997 Regulations.

Ships other than United Kingdom ships

5.  Subject to paragraph 6, in the case of a ship which has a gross tonnage determined in accordance with the Tonnage Convention, the “gross tonnage” is that gross tonnage.

6.  Where a ship has a gross tonnage determined in accordance with the Tonnage Convention but the ship’s flag State permits the use of some other gross tonnage, the “gross tonnage” of the ship is the smaller of—

(a) the largest gross tonnage permitted by the flag State to be used for that ship; and

(b) the gross tonnage determined in accordance with the Tonnage Convention.

7.  In the case of a ship which does not have a gross tonnage determined in accordance with the Tonnage Convention, the “gross tonnage” is the gross tonnage or equivalent measure determined in accordance with the law of the ship’s flag State, and where the ship has more than one such gross tonnage or equivalent measure, the “gross tonnage” is to be taken to be the largest of them.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement and supplement Recommendation 2009/141 of the Marine Accident Investigation Branch Report on the investigation into the flooding and foundering of the grab hopper dredger Abigail H in the Port of Heysham of July 2009 (‘the Report’).

The Regulations apply to United Kingdom ships which are cargo ships of less than 500 gross tons and which are 24 metres or more in length, wherever they might be, and to non-United Kingdom cargo ships of less than 500 gross tons and which are 24 metres or more in length while they are within United Kingdom waters and not exercising the right of innocent passage or transit passage (regulation 3).

Regulation 4 requires bilge water level detectors to be installed in any engine room and in any other space in which bilge water is likely to accumulate, and for those detectors to sound an audible alarm at the control position and in all accommodation spaces in the circumstances described.

The Regulations make provision for exemptions (regulation 5), offences and penalties (regulation 6) and the detention of ships (regulation 7).

A draft of these Regulations was notified on 2nd October 2020 to the European Commission in accordance with the Technical Standards Directive (Directive (EU) 2015/1535).

Guidance supporting these Regulations has been published in a Marine Guidance Note (MGN 651(M)). Copies of the Report and of MGN 651(M) may be obtained free of charge athttps://www.gov.ukor in hard copy from the Maritime and Coastguard Agency at Spring Place, 105 Commercial Road, Southampton SO15 1EG.

An impact assessment of the effect this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside these Regulations onwww.legislation.gov.uk.