PART 1 Preliminary

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024 and come into force on 11th June 2024.

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

Amendments and revocations

2.—(1) The amendments listed in Schedule 1 have effect.

(2) The Regulations listed in the first column of the Table in Schedule 2 are revoked to the extent specified in the third column of that Table.

Interpretation

3.  In these Regulations—

“ Annex III” means Annex III (prevention of pollution by harmful substances in packaged form) to MARPOL( 8);

“ Chapter VII” means Chapter VII (carriage of dangerous goods) of the Annex to SOLAS( 9);

“ chemical tanker” means a cargo ship constructed or adapted and used for the carriage in bulk of any liquid product listed in chapter 17 of the International Bulk Chemical Code;

“ constructed” means, in relation to a ship, that the keel of the ship is laid or that the ship is at a similar stage of construction;

“ controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014( 10) as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea( 11) for the protection and preservation of the marine environment;

“dangerous goods” mean the substances, materials and articles covered by the IMDG Code;

“ dangerous goods in solid form in bulk” means any material, other than liquid or gas, consisting of a combination of particles, granules or any larger pieces of material, generally uniform in composition, which is covered by the IMDG Code and is loaded directly into the cargo spaces of a ship without any intermediate form of containment, and includes such materials loaded in a barge on a barge-carrying ship;

“ fishing vessel” means a ship used for catching fish, whales, seals, walrus or other living resources of the sea;

“ forwarder” means the person by whom the dangerous goods declaration or marine pollutants declaration and packing certificate are received, and any person responsible for packing the goods into a cargo transport unit, for eventual delivery to the ship or its agent;

“ gas carrier” means a cargo ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in chapter 19 of the International Gas Carrier Code;

“ harmful substances” means those substances which are identified as marine pollutants in the IMDG Code or which meet the criteria in the appendix to Annex III;

“ International Bulk Chemical Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Maritime Safety Committee of the Organization by resolution MSC.4(48)( 12);

“ International Gas Carrier Code” means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk as adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.5(48)( 13);

“ IMDG Code” means the International Maritime Dangerous Goods (IMDG) Code adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.122(75)( 14);

“ IMSBC Code” means the International Maritime Solid Bulk Cargoes Code adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.268(85)( 15);

“ INF cargo” means packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes carried as cargo in accordance with class 7 of the IMDG Code;

“ INF Code” means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships, adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.88(71)( 16);

“ MARPOL” means the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocols of 1978 and 1997( 17);

“ non-United Kingdom ship” means any ship other than a United Kingdom ship;

“ packaged form” means the form of containment specified for dangerous goods or harmful substances in the IMDG Code;

“ packaged goods” means dangerous goods or harmful substances in packaged form;

“ pleasure vessel” means—

where, in the case of any vessel referred to in paragraphs (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “ immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “ relative” means brother, sister, ancestor or lineal descendant;

“ Protocol I” means Protocol I (reports on incidents involving harmful substances) to MARPOL( 18);

“ ship” includes hovercraft;

“ shipper” means a person who, whether as principal or agent for another, consigns for carriage by sea dangerous goods or harmful substances;

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

“ SOLAS” means the International Convention for the Safety of Life at Sea, 1974( 19);

“ United Kingdom ship” has the same meaning as in section 85(2) of the Merchant Shipping Act 1995;

“ valid” means in force.

General application

4.—(1) Subject to paragraphs (2) and (3), these Regulations apply to—

(a) United Kingdom ships, wherever they may be; and

(b) non-United Kingdom ships while they are within United Kingdom waters or controlled waters.

(2) These Regulations do not apply to—

(a) ships of war or naval auxiliary ships;

(b) ships owned or operated by a State and engaged only on governmental non-commercial service.

(3) A non-United Kingdom ship flying the flag of a State which is not a party to SOLAS is not subject to these Regulations if it would not have been in United Kingdom waters but for stress of weather or any other circumstances which the master, owner or charterer could not have prevented.

Ambulatory reference

5.—(1) In these Regulations, any reference to Chapter VII, Protocol I, Annex III, International Bulk Chemical Code, International Gas Carrier Code, IMDG Code, IMSBC Code or INF Code is to be construed—

(a) as a reference to Chapter VII, Protocol I, Annex III, International Bulk Chemical Code, International Gas Carrier Code, IMDG Code, IMSBC Code or INF Code as modified from time to time; and

(b) as, if Chapter VII, Protocol I, Annex III, International Bulk Chemical Code, International Gas Carrier Code, IMDG Code, IMSBC Code or INF Code is replaced, a reference to the replacement.

(2) For the purposes of paragraph (1)—

(a) Chapter VII, International Bulk Chemical Code, International Gas Carrier Code, IMDG Code, IMSBC Code or INF Code is modified or replaced if the modification or replacement takes effect in accordance with Article VIII of SOLAS; and

(b) Protocol I or Annex III is modified or replaced if the modification or replacement takes effect in accordance with Article 16 of MARPOL.

(3) A modification or replacement of—

(a) Chapter VII, International Bulk Chemical Code, International Gas Carrier Code, IMDG Code, IMSBC Code or INF Code has effect at the time such modification or replacement comes into force in accordance with Article VIII of SOLAS;

(b) Protocol I or Annex III has effect at the time such modification or replacement comes into force in accordance with Article 16 of MARPOL.

Exemptions

6.—(1) The Secretary of State may grant an exemption from any provision of these Regulations in respect of a ship which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage.

(2) The Secretary of State may grant an exemption from the requirements of—

(a) regulation 18(3) (repairs, alterations, modifications and outfitting), in respect of a chemical tanker; or

(b) regulation 22(3) (repairs, alterations, modifications and outfitting), in respect of a gas carrier,

if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that chemical tanker or gas carrier.

(3) The Secretary of State may, in exceptional circumstances not provided for in paragraph (1), grant an exemption from any provision of these Regulations in respect of a ship or class of ship if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that ship or class of ship.

(4) An exemption under paragraph (1), (2) or (3) may be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the ship.

(5) An exemption granted under paragraph (1), (2) or (3) may, on the giving of reasonable notice, be altered or cancelled.

(6) An exemption granted under paragraph (1), (2) or (3), or an alteration or cancellation under paragraph (5), must—

(a) be in writing;

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

(c) specify the terms, if any, on which it is given.

(7) The requirement that the exemption granted under paragraph (1), (2) or (3), or an alteration or cancellation under paragraph (5), be in writing is satisfied where the text of the exemption, alteration or cancellation is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

(8) Where an exemption is granted subject to safety requirements under paragraph (4), the exemption ceases to have effect if those requirements are not complied with.

(9) In this regulation—

“ international voyage” means a voyage between—

“ Convention country” means a country or territory which is either a country the Government of which is party to SOLAS or a territory to which SOLAS extends whether or not it is subject to the amendments to, or reservations in respect of, SOLAS.

Equivalents

7.—(1) Where the provisions of Chapter VII require that—

(a) a particular fitting, material, appliance, apparatus, item of equipment or type thereof be fitted on, or carried in, a ship;

(b) any particular arrangement be made on, or in relation to, a ship; or

(c) any particular provision be made in relation to a ship,

the Secretary of State may approve any other fitting, material, appliance, apparatus, item of equipment or type thereof, arrangement or other provision if satisfied that it is at least as effective as that required by Chapter VII.

(2) An approval under paragraph (1) may be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the ship.

(3) An approval given under paragraph (1) may, on the giving of reasonable notice, be continued, altered or cancelled.

(4) Any approval given under paragraph (1), or a continuation, alteration or cancellation under paragraph (3), must—

(a) be in writing;

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

(c) specify the terms, if any, on which it is given.

(5) The requirement that the approval referred to in paragraph (1), or a continuation, alteration or cancellation in paragraph (3), be in writing is satisfied where the text of the approval, continuation, alteration or cancellation is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

(6) Where an approval is granted subject to safety requirements under paragraph (2), the approval ceases to have effect if those requirements are not complied with.

Approvals

8.—(1) The Secretary of State, or any person authorised by the Secretary of State, may grant an approval in relation to a ship for anything in Chapter VII or Annex III requiring to be—

(a) approved by the Administration of the State whose flag the ship is entitled to fly; or

(b) done to the satisfaction of such Administration( 20).

(2) Unless required to be approved under the Merchant Shipping (Marine Equipment) Regulations 2016( 21), any equipment required by Chapter VII or Annex III and placed on board a United Kingdom ship must be approved by the Secretary of State, or any person authorised by the Secretary of State.

(3) An approval given under paragraph (1) or (2) may, on the giving of reasonable notice, be continued, altered or cancelled.

(4) Any approval given under paragraph (1) or (2), or a continuation, alteration or cancellation under paragraph (3), must—

(a) be in writing;

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

(c) specify the terms, if any, on which it is given.

(5) The requirement that the approval referred to in paragraph (1) or (2), or the continuation, alteration or cancellation under paragraph (3), be in writing is satisfied where text of the approval, continuation, alteration or cancellation is—

(a) transmitted by electronic means;

(b) received in legible form; and

(c) capable of being used for subsequent reference.

PART 2 Requirements for the carriage of dangerous goods and harmful substances in packaged form

Application

9.—(1) Subject to paragraph (2), this Part applies to—

(a) United Kingdom ships carrying packaged goods, wherever they may be; and

(b) non-United Kingdom ships carrying packaged goods while they are within United Kingdom waters or controlled waters.

(2) This Part does not apply to—

(a) ships not carrying harmful substances that are—

(i) non-United Kingdom ships in controlled waters;

(ii) ships not propelled by mechanical means;

(iii) wooden ships of primitive build;

(iv) pleasure vessels;

(v) fishing vessels;

(vi) ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian;

(b) ships’ stores and equipment.

Requirements in relation to ships

10.  The owner and master must not cause or permit the carriage of packaged goods on a ship other than in accordance with each requirement in—

(a) Part A of Chapter VII; and

(b) Chapter 1 of Annex III,

applicable in relation to it( 22).

Requirements in relation to owners and masters

11.—(1) The owner and master—

(a) must ensure that packaged goods are not taken or received on board a ship unless the information required under—

(i) regulation 4.1 (documents) of Chapter VII; and

(ii) regulation 5.1 (documentation) of Annex III,

has been provided in accordance with the requirements in those regulations;

(b) must comply with the requirements of Chapter 7 (provisions concerning transport operations) of the IMDG Code applicable to the master and owner;

(c) must ensure that packaged goods are not taken or received on board a ship unless they are in compliance with—

(i) the requirements of Chapter 5 (consignment procedures) of the IMDG Code; and

(ii) regulations 3 (packing) and 4 (marking and labelling) of Annex III.

(2) A master—

(a) must ensure that packaged goods are not carried on board a ship without the information required by—

(i) regulation 4.2 (documents) of Chapter VII; and

(ii) regulation 5.2 (documentation) of Annex III;

(b) must ensure that any certificates or other documents required by Chapter 5.4.4 (other required information and documentation) of the IMDG Code are available on board the ship;

(c) must keep available for inspection on board the ship any documents to which the requirements in sub-paragraph (a) or (b) relate.

Requirements in relation to shippers and forwarders

12.—(1) Where a shipper delivers packaged goods to a ship or its agent, the shipper must comply with—

(a) regulation 4.1 (documents) of Chapter VII;

(b) the requirements of Part 2 (classification) of the IMDG Code applicable in relation to the shipper;

(c) the requirements of Part 5 (consignment procedures) of the IMDG Code applicable in relation to the shipper; and

(d) regulation 3 (packing), 4 (marking and labelling) and 5.1 (documentation) of Annex III.

(2) Where a shipper arranges with a forwarder to deliver packaged goods to a ship or its agent—

(a) the shipper must provide the forwarder with—

(i) the information required under—

(aa) regulation 4.1 (documents) of Chapter VII;

(bb) regulation 5.1 (documentation) of Annex III; and

(ii) any other information required by Chapter 5.4 (documentation) of the IMDG Code; and

(b) the forwarder must comply with the requirements in—

(i) regulation 4.1 (documents) of Chapter VII;

(ii) Chapter 5.4 (documentation) of the IMDG Code applicable in relation to a shipper; and

(iii) regulation 5.1 (documentation) of Annex III.

PART 3 Requirements for the carriage of dangerous goods in solid form in bulk

Application

13.—(1) Subject to paragraph (2), this Part applies to ships carrying dangerous goods in solid form in bulk.

(2) This Part does not apply to—

(a) non-United Kingdom ships in controlled waters;

(b) ships not propelled by mechanical means;

(c) wooden ships of primitive build;

(d) pleasure vessels;

(e) fishing vessels;

(f) ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian.

Requirements in relation to ships

14.  The owner and master must not cause or permit the carriage of dangerous goods in solid form in bulk on a ship other than in accordance with each requirement in Part A-1 of Chapter VII applicable in relation to it( 23).

Requirements in relation to masters

15.  A master must—

(a) ensure compliance with the requirements of Regulation 7-2.2 (special list or manifest) of Chapter VII; and

(b) in relation to the carriage of dangerous goods in solid form in bulk on a ship, carry on board the ship any documents required by Appendix 1 of the IMSBC Code,

and make available before departure any document to which paragraph (a) or (b) applies in accordance with regulation 7-2.2 of Chapter VII.

Requirements in relation to shippers

16.  A shipper of dangerous goods in solid form in bulk listed in Appendix 1 of the IMSBC Code must comply with the requirements of Sections 1 and 4 of the IMSBC Code applicable in relation to that shipper.

PART 4 Requirements for the construction and equipment of ships carrying dangerous liquid chemicals in bulk

Application

17.—(1) Subject to paragraphs (3) and (4), this Part applies to chemical tankers.

(2) For the purposes of this Part, a ship which is converted into a chemical tanker is a chemical tanker on and after the date of its conversion.

(3) This Part does not apply to—

(a) non-United Kingdom ships in controlled waters;

(b) ships not propelled by mechanical means;

(c) wooden ships of primitive build;

(d) pleasure vessels;

(e) fishing vessels;

(f) ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian.

(4) Regulations 19 and 20 do not apply to chemical tankers constructed before 1st July 1986.

Repairs, alterations, modifications and outfitting

18.—(1) A chemical tanker which undergoes repairs, alterations or modifications, or outfitting related to such repairs, alterations or modifications must continue to comply with at least the requirements previously applicable to that ship.

(2) A chemical tanker—

(a) constructed before 1st July 1986; and

(b) which undergoes repairs, alterations or modifications, or outfitting related to such repairs, alterations or modifications,

must, so far as practicable, comply with the requirements for chemical tankers constructed on or after 1st July 1986 to at least the same extent as it did before undergoing such repairs, alterations, modifications or outfitting.

(3) A chemical tanker which undergoes repairs, alterations and modifications of a major character, or outfitting related to such repairs, alterations or modifications, must comply with the requirements for chemical tankers constructed on or after 1st July 1986.

Compliance with requirements

19.  The owner and master must ensure that a chemical tanker complies with each requirement in regulation 10.1 of Chapter VII( 24) applicable in relation to it.

International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk

20.—(1) A chemical tanker must not proceed or attempt to proceed to sea or on any voyage unless there is a valid International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk issued or endorsed in relation to it( 25).

(2) The Secretary of State or any person authorised by the Secretary of State may issue or endorse an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk in accordance with paragraph 1.5.4 or 1.5.5 of the International Bulk Chemical Code( 26).

PART 5 Requirements for the construction and equipment of ships carrying liquefied gases in bulk

Application

21.—(1) Subject to paragraphs (3) and (4), this Part applies to gas carriers.

(2) For the purposes of this Part, a ship which is converted into a gas carrier is a gas carrier on and after the date of its conversion.

(3) This Part does not apply to—

(a) non-United Kingdom ships in controlled waters;

(b) ships not propelled by mechanical means;

(c) wooden ships of primitive build;

(d) pleasure vessels;

(e) fishing vessels;

(f) ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian.

(4) Regulations 23 and 24 do not apply to gas carriers constructed before 1st July 1986.

Repairs, alterations, modifications and outfitting

22.—(1) A gas carrier which undergoes repairs, alterations, modifications, or outfitting related to such repairs, alterations or modifications must continue to comply with at least the requirements previously applicable to that ship.

(2) A gas carrier—

(a) constructed before 1st July 1986; and

(b) which undergoes repairs, alterations or modifications, or outfitting related to such repairs, alterations or modifications,

must, so far as practicable, comply with the requirements for gas carriers constructed on or after 1st July 1986 to at least the same extent as it did before undergoing such repairs, alterations, modifications or outfitting.

(3) A gas carrier which undergoes repairs, alterations and modifications of a major character, or outfitting related to such repairs, alterations or modifications, must comply with the requirements for gas carriers constructed on or after 1st July 1986.

Compliance with requirements

23.  The owner and master must ensure that a gas carrier complies with each requirement in regulation 13.1 of Chapter VII( 27) applicable in relation to it.

International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk

24.—(1) A gas carrier must not proceed or attempt to proceed to sea or on any voyage unless there is a valid International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk issued or endorsed in relation to it( 28).

(2) The Secretary of State or any person authorised by the Secretary of State may issue or endorse an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk in accordance with paragraph 1.4.4 or 1.4.5 of the International Gas Carrier Code( 29).

PART 6 Requirements for the carriage of packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes on board ships

Application

25.—(1) Subject to paragraph (2), this Part applies to ships carrying INF cargo.

(2) This Part does not apply to—

(a) non-United Kingdom ships in controlled waters;

(b) ships not propelled by mechanical means;

(c) wooden ships of primitive build;

(d) pleasure vessels;

(e) fishing vessels;

(f) ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian.

Compliance with requirements

26.  The owner and master must ensure that a ship complies with each requirement in regulation 16.1 of Chapter VII( 30) applicable in relation to it.

International Certificate of Fitness for the Carriage of INF Cargo

27.—(1) A ship must not proceed or attempt to proceed to sea or on any voyage unless there is a valid International Certificate of Fitness for the Carriage of INF Cargo issued in relation to it( 31).

(2) The Secretary of State or any person authorised by the Secretary of State may issue an International Certificate of Fitness for the Carriage of INF Cargo in accordance with paragraph 1.3.2 of the INF Code( 32).

PART 7 Reporting of incidents

Reporting requirements: general

28.—(1) Subject to paragraph (2), the master and owner of a ship must—

(a) in relation to a ship carrying dangerous goods in packaged form, comply with the requirements in regulation 6 of Chapter VII (reporting of incidents involving dangerous goods in packaged form);

(b) in relation to a ship carrying dangerous goods in solid form in bulk, comply with regulation 7-4 of Chapter VII (reporting of incidents involving dangerous goods in solid form in bulk);

(c) in relation to any other ship, comply with Protocol I of MARPOL (reporting of incidents involving harmful substances).

(2) Paragraph (1)(a) and (b) does not apply to ships that are—

(a) ships not propelled by mechanical means;

(b) wooden ships of primitive build;

(c) pleasure vessels;

(d) fishing vessels;

(e) ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian.

Reporting requirements: pollution incidents

29.—(1) This regulation applies where the discharge, or threat of discharge, of cargo from a ship is likely to result in the pollution of United Kingdom waters or the coastline of the United Kingdom.

(2) The master and owner of a ship must comply with Protocol I of MARPOL as if the reference in Article I, paragraph 1 of that Protocol to “ an incident referred to in article II of this Protocol” is a reference to the incident described in paragraph (1).

Reporting requirements: sightings of polluting substances

30.—(1) Where a polluting substance drifting or floating at sea is seen from a ship in United Kingdom waters or controlled waters, the master of that ship must notify His Majesty’s Coastguard without delay and to the fullest extent possible—

(a) details of the sighting;

(b) the identity of the ship;

(c) the position of the ship;

(d) any other information the master considers to be relevant.

(2) In this regulation, “ polluting substance” means cargo or a slick discharged from a ship.

PART 8 Control and enforcement

Offences and penalties: owner and master

31.—(1) If a ship proceeds or attempts to proceed to sea or on any voyage, or arrives within United Kingdom waters, in breach of any of the requirements in these Regulations, other than regulation 11(2), 12, 15, 16 or 30(1), applicable to or in relation to that ship, the owner and the master are each guilty of an offence in respect of each case of non-compliance.

(2) A master in breach of a requirement in regulation 11(2), 15 or 30(1) is guilty of an offence.

(3) An offence under paragraph (1) or (2) 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.

(4) It is a defence for a person charged with an offence under this regulation to prove that the person charged took all reasonable steps to avoid the commission of the offence.

Offences and penalties: shipper and forwarder

32.—(1) A shipper who fails to comply with—

(a) regulation 12(1);

(b) regulation 12(2)(a); or

(c) regulation 16,

is guilty of an offence.

(2) A forwarder who fails to comply with regulation 12(2)(b) is guilty of an offence.

(3) An offence under paragraph (1) or (2) 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.

(4) It is a defence for a person charged with an offence under this regulation to prove that the person charged took all reasonable steps to avoid the commission of the offence.

Detention

33.—(1) For the purposes of this regulation, any reference to “ the Act” is a reference to the Merchant Shipping Act 1995.

(2) A ship which does not comply with the requirements in these Regulations, Chapter VII or Annex III applicable to that ship may be detained.

(3) Section 284 of the Act (enforcing detention of ship)( 33) applies where a ship is liable to be detained under this regulation as if—

(a) references to detention of a ship under the Act were references to detention of the ship in question under this regulation; and

(b) subsection (7) were omitted.

(4) Where a ship is liable to be detained under this regulation, the person detaining the ship must serve on the master a detention notice which—

(a) states the grounds for the detention; and

(b) requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.

(5) Subject to paragraph (6), section 96 (references of detention notices to arbitration)( 34) and section 97 (compensation in connection with invalid detention of a ship) of the Act apply in relation to a detention notice issued pursuant to this regulation as they apply in relation to detention notices issued pursuant to section 95 (power to detain dangerously unsafe ship)( 35).

(6) For the purposes of paragraph (5)—

(a) section 96 of the Act applies as if—

(i) subsection (3) were omitted;

(ii) the words “as a dangerously unsafe ship” in subsection (5) were omitted;

(iii) subsection (11) were omitted; and

(b) sections 96 and 97 of the Act apply as if “ the relevant inspector” means a person issuing the detention notice pursuant to this regulation.

(7) Subject to paragraph (8), where a non-United Kingdom ship is detained, the Secretary of State must immediately inform the ship’s flag administration in writing.

(8) If it is not possible to inform the ship’s flag administration in accordance with paragraph (7), the Secretary of State must inform the Consul of the State of the flag administration, or in the absence of a Consul, the nearest diplomatic representative of the State of the flag administration.

(9) For the purposes of paragraphs (7) and (8), “ flag administration” in relation to a ship means the administration of the State whose flag the ship is entitled to fly.

Review of the Regulations

34.—(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations; and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of five years beginning with the date on which these Regulations come into force.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015( 36) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under SOLAS and MARPOL are implemented in other countries which are subject to the obligations.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “ regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Regulation 2(1)

SCHEDULE 1 Amendments

The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997

1.  The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997( 37) are amended as follows.

2.  In regulation 2(1) (interpretation), in the definition of “United Kingdom ship”, omit sub-paragraphs (a), (b) and (d).

3.  In regulation 5(2) (application), omit “and to other ships while they are within United Kingdom waters”.

The Merchant Shipping (Fire Protection: Small Ships) Regulations 1998

4.  The Merchant Shipping (Fire Protection: Small Ships) Regulations 1998( 38) are amended as follows.

5.  In regulation 1(2)—

(a) for the definition of “Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk” substitute—

““ Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk ” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.4(48), as amended by resolutions MSC.176(79), MSC.219(82), MSC.340(91), MSC.369(93), MSC.440(99) and MSC.460(101)( 39) ; ”;

(b) in the definition of “dangerous goods”, for “Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997” substitute “Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024( 40)”;

(c) for the definition of “International Maritime Dangerous Goods Code” substitute—

““ International Maritime Dangerous Goods Code ” means the International Maritime Dangerous Goods (IMDG) Code adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.122(75), as amended by resolutions MSC.157(78), MSC.205(81), MSC.262(84), MSC.294(87), MSC.328(90), MSC.372(93), MSC.406(96), MSC.442(99), MSC.477(102) and MSC.501(105)( 41) ; ”.

The Legislative and Regulatory Reform (Regulatory Functions) Order 2007

6.  The Legislative and Regulatory Reform (Regulatory Functions) Order 2007( 42) is amended as follows.

7.  In the Schedule, in Part 2, in the section “Marine transport”—

(a) omit “The Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995”;

(b) for “Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997” substitute “Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024”.

The Economic Growth (Regulatory Functions) Order 2017

8.  The Economic Growth (Regulatory Functions) Order 2017( 43) is amended as follows.

9.  In the Schedule, in Part 3, in the section “Marine transport”—

(a) omit “The Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995”;

(b) for “Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997” substitute “Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024”.

The Merchant Shipping Fees Regulations 2018

10.  The Merchant Shipping (Fees) Regulations 2018( 44) are amended as follows.

11.  In Schedule 1 (fees under the Merchant Shipping Act 1995), in the table in paragraph 5 (fees for inspections, etc) of Part 1 (surveys, inspections and applications for exemption)—

(a) for Section C (dangerous goods) substitute—

(b) in Section E (fire and life-saving), in the entry for the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998, in the third column, after “2023/568” insert—

“2023/1216

2024/636 ”;

(c) in Section J (prevention and control of pollution)—

(i) omit the entry for the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995;

(ii) in the entry for the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019( 45), in the third column, for “2022/1234” substitute—

“2021/818

2022/1219

2022/1234

2024/636 ”;

(d) in Section L (survey and certification), in the entry for the Merchant Shipping (Survey and Certification) Regulations 2015, in the third column—

(i) after “2018/53”, insert—

“2018/1221

2022/41 ”;

(ii) after “2022/42” insert “2022/1169”;

(iii) after “2022/1219” insert—

“2023/1216

2024/636 ”.

The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019

12.  The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 are amended as follows.

13.  In regulation 34(3)(a), for “the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 and the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004” substitute “the Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024”.

Regulation 2(2)

SCHEDULE 2 Revocations

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement outstanding amendments to Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, 1974 (“ SOLAS”), relating to the carriage of dangerous goods by ships, and Annex III to the International Convention for the Prevention of Pollution from Ships, 1973 (“ MARPOL”), relating to the prevention of pollution by harmful substances carried by sea in packaged form.

These Regulations amend and substantially replace the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 ( S.I. 1997/2367), as well as revoking and replacing the Merchant Shipping (Gas Carriers) Regulations 1994 ( S.I. 1994/2464) and the Merchant Shipping (Carriage of Packaged Irradiated Nuclear Fuel etc.) (INF Code) Regulations 2000 ( S.I. 2000/3216).

These Regulations apply, with certain limited exceptions, to United Kingdom ships wherever they are (including those engaged on domestic voyages) and to non-United Kingdom ships when in United Kingdom waters or controlled waters (regulation 4).

These Regulations specifically make provision to give effect to the incident reporting requirements in Chapter VII of SOLAS and Protocol I to MARPOL, and for this purpose revoke and replace existing corresponding provisions in the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995 ( S.I. 1995/2498) and the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 ( S.I. 2004/2110).

These Regulations implement all amendments to Chapter VII and Annex III as at the date on which this instrument comes into force. Chapter VII also gives effect to the International Maritime Dangerous Goods Code (“the IMDG Code”), the International Maritime Solid Bulk Cargoes Code (“the IMSBC Code”), the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (“the IBC Code”), the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (“the IGC Code”) and the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on board Ships (“the INF Code”). These Regulations also therefore give effect to the mandatory requirements in those Codes.

All future amendments to the provisions of Chapter VII, Annex III, Protocol I, the IMDG Code, the IMSBC Code, the IBC Code, the IGC Code and the INF Code will be automatically incorporated into United Kingdom law by way of the ambulatory reference provision (regulation 5) made under the power in section 306A of the Merchant Shipping Act 1995.

These Regulations provide for the granting of exemptions (regulation 6), the approval of equivalents (regulation 7) and the granting of approvals (regulation 8).

Part 2 (regulations 9 to 12) makes provision for the requirements applying in relation to ships carrying dangerous goods and harmful substances in packaged form. Regulation 12 makes specific provision in respect of the duties on shippers and forwarders.

Part 3 (regulations 13 to 16) makes provision for the requirements applying in relation to ships carrying dangerous goods in solid form in bulk. Regulation 16 makes specific provision in respect of the duties on shippers.

Part 4 (regulations 17 to 20) makes provision in respect of the requirements for the construction and equipment of ships carrying dangerous liquid chemicals in bulk.

Part 5 (regulations 21 to 24) makes provision in respect of the requirements for the construction and equipment of ships carrying liquefied gases in bulk.

Part 6 (regulations 25 to 27) makes provision in respect of the requirements for the carriage of packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes on board ships.

Part 7 (regulations 28 to 30) makes provision in respect of the incident reporting requirements in Chapter VII of SOLAS and Protocol I to MARPOL.

Part 8 (regulations 31 to 33) makes provision for control and enforcement. Regulation 31 makes it an offence by the owner and master for a ship to be used in contravention of any of the requirements of these regulations (including the specific requirements in regulations 11 and 15). Regulation 32 makes it an offence by shippers and forwarders to contravene the requirements specified in regulations 12 and 16 respectively. Regulation 33 contains power to detain a ship in cases of non-compliance with these Regulations.

Regulation 34 requires the Secretary of State to review the operation and effect of these Regulations and publish a report before the end of the period of five years beginning with the date on which these Regulations come into force and at intervals not exceeding five years after that. Following a review, it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be amended or revoked. A further instrument would be needed to amend or revoke the Regulations.

Marine Guidance Note (MGN) 697(M) provides guidance on how the Secretary of State will exercise discretion where Chapter VII and other international provision permit this. This is available from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email[email protected]) and onhttps://www.gov.uk/government/collections/marine-guidance-notices-mgns.

SOLAS (including its Protocol of 1988) and MARPOL (including its Protocols of 1978 and 1997) may be obtained in 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 SOLAS and MARPOL (including their respective Protocols) may be obtained from the IMO, or on the FCDO treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/).

Future amendments to SOLAS and MARPOL (including their respective Protocols, and the Codes given effect by them) may be obtained in copy from the IMO and, after coming into force in the United Kingdom, found on the Foreign, Commonwealth and Development Office (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 onhttps://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 onhttps://www.gov.uk.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside the instrument onwww.legislation.gov.uk.