The Merchant Shipping (Life-Saving Appliances and Arrangements) Regulations 2020

PART 1U.K.Preliminary

Citation, commencement, amendments and revocationsU.K.

1.—(1) These Regulations may be cited as the Merchant Shipping (Life-Saving Appliances and Arrangements) Regulations 2020 and come into force on 9th June 2020.

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

(3) The Regulations listed in the first column of the Table in Part 2 of Schedule 1 are revoked to the extent specified in the third column of that Table.

InterpretationU.K.

2.  In these Regulations—

“Category A, B, C or D waters” means the waters specified as such in Merchant Shipping Notice 1837(M) Amendment 2(1);

“Chapter III” means Chapter III in the Annex to the Convention (relating to life-saving appliances and arrangements)(2);

“Convention” means the International Convention for the Safety of Life at Sea, 1974(3);

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

“international voyage” means a voyage between—

and, for the purposes of paragraph (b), “Convention country” means a country or territory which is either a country the Government of which is party to the Convention or a territory to which the Convention extends whether or not it is subject to the amendments to, or reservations in respect of, the Convention;

“long international voyage” means an international voyage which is not a short international voyage;

“Merchant Shipping Notice” means a notice described as such and issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and includes a reference to any document amending or replacing that notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;

“mile” means a nautical mile of 1,852 metres;

“new ship” means a ship the keel of which is laid, or which is at a similar stage of construction, on or after 1st July 1998;

[F1“Part B of Chapter III” means Part B of Chapter III other than regulation 27 of that Part (information on passengers)];

“passenger” is a person other than—

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

“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;

“sea” includes any estuary or arm of the sea but does not include Category A, B, C or D waters;

“short international voyage” means an international voyage—

and, for the purposes of paragraph (b), the final port of destination is the last port of call in the scheduled voyage at which the ship commences its return voyage to the country in which the voyage began;

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

Classification of shipsU.K.

3.  For the purposes of these Regulations, ships are classified as set out in Schedule 2.

General applicationU.K.

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.

(2) These Regulations do not apply to—

(a)passenger ships of Classes III, IV, V, VI and VI(A);

(b)ships of war and naval auxiliaries;

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

(d)wooden ships of primitive build;

(e)pleasure vessels of less than 13.7 metres in length;

(f)fishing vessels;

(g)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;

(h)non-United Kingdom ships which are pleasure vessels of any size;

(i)high-speed craft to which [F2the Merchant Shipping (High Speed Craft) Regulations 2022] apply.

(3) A non-United Kingdom ship flying the flag of a State which is not a party to the Convention 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 neither the master nor the owner or the charterer could have prevented.

(4) Where persons are on board a ship as a consequence of—

(a)the circumstances described in paragraph (3); or

(b)an obligation laid upon the master to carry shipwrecked or other persons(4),

those persons are not to be taken into account for the purpose of determining the application to that ship of any provision of these Regulations.

(5) For the purposes of this regulation, “non-United Kingdom ship” means any ship other than a United Kingdom ship.

Ambulatory referenceU.K.

5.—(1) In these Regulations, any reference to Chapter III is to be construed—

(a)as a reference to Chapter III as modified from time to time; and

(b)as, if Chapter III is replaced, a reference to the replacement.

(2) For the purposes of paragraph (1), Chapter III is modified or replaced if the modification or replacement takes effect in accordance with Article VIII of the Convention.

(3) A modification or replacement of Chapter III has effect at the time such modification or replacement comes into force in accordance with Article VIII of the Convention.

Approval and replacement of life-saving appliances and arrangementsU.K.

6.—(1) Unless approved under the Merchant Shipping (Marine Equipment) Regulations 2016(5), life-saving appliances required by Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1)(6) 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.

(2) Unless approved under the Merchant Shipping (Survey and Certification) Regulations 2015(7), life-saving arrangements required by Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1) on board a United Kingdom ship, must be approved by the Secretary of State, or any person authorised by the Secretary of State.

(3) The Secretary of State, or any person authorised by the Secretary of State, may grant an approval in relation to a United Kingdom ship for anything in Chapter III requiring to be—

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

(b)done to the satisfaction of such Administration; or

(c)acceptable to that Administration(8).

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

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

(6) The requirement that the approval referred to in paragraph (1), (2) or (3), or a continuation, alteration or cancellation under paragraph (4), be in writing is satisfied where the text of the approval is—

(a)transmitted by electronic means;

(b)received in legible form; and

(c)capable of being used for subsequent reference.

(7) Subject to paragraph (8), any item of life-saving equipment marked with an expiry date—

(a)ceases to be approved for the purposes of these Regulations on the expiry date; and

(b)must be replaced on or before the expiry date.

(8) The emergency pack of an inflatable liferaft, which is inspected at the time of the annual servicing of the liferaft and has more than six months remaining before the expiry date at the time of that inspection, may be retained until the next annual service.

EquivalentsU.K.

7.—(1) Where Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1) require that—

(a)a particular life-saving appliance or type of life-saving appliance (which may include any fitting, material or apparatus) be fitted on, or carried in, a ship;

(b)any particular life-saving 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 life-saving appliance, life-saving arrangement or other provision if satisfied that it is at least as effective as that required by Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1), as the case may be.

(2) Before giving approval to a novel life-saving arrangement, the Secretary of State must be satisfied that such arrangement has—

(a)successfully undergone an engineering analysis in accordance with regulation 38.3 of Chapter III (elements of engineering analysis), in the case of ships engaged on international voyages to which Part B of Chapter III applies; or

(b)successfully complied with the engineering analysis required by Merchant Shipping Notice 1676 (Amendment 1), in the case of ships engaged on international voyages to which Part B of Chapter III does not apply, and in the case of ships engaged on non-international voyages.

(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 under paragraph (3), be in writing is satisfied where the text of the approval is—

(a)transmitted by electronic means;

(b)received in legible form; and

(c)capable of being used for subsequent reference.

ExemptionsU.K.

8.—(1) Subject to paragraph (3), the Secretary of State may exempt from any provision of Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1)—

(a)a ship or class of ship which, during a voyage, does not proceed more than 20 miles from the nearest land, and where the Secretary of State is satisfied that the sheltered nature and conditions of such a voyage makes it unreasonable or unnecessary to apply the provisions of Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1);

(b)a ship employed in special trades(9) for the carriage of large numbers of special trade passengers (such as the pilgrim trade) where—

(i)the Secretary of State is satisfied that it is impracticable to enforce compliance with the requirements of Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1); and

(ii)the ship complies with–

(aa)the rules annexed to the Special Trade Passenger Ships Agreement, 1971(10); and

(bb)the rules annexed to the Protocol on Space Requirements for Special Trade Passenger Ships, 1973(11);

(c)a ship which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage;

(d)a ship which embodies features of a novel kind if research into the development of those features and their incorporation in ships engaged on international voyages may be seriously impeded if the ship had to comply with the requirements of Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1).

(2) Subject to paragraph (3), the Secretary of State may, in exceptional circumstances not provided for in paragraph (1), exempt from any of the provisions of Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1) 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.

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

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

(5) An exemption granted under paragraph (1) or (2), or an alteration or cancellation under paragraph (4), 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.

(6) The requirement that an exemption granted under paragraph (1) or (2), or an alteration or cancellation under paragraph (4), be in writing is satisfied where the text of the approval is—

(a)transmitted by electronic means;

(b)received in legible form; and

(c)capable of being used for subsequent reference.

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

PART 2U.K.Requirements for ships constructed before 1st July 1998 and engaged on international voyages

ApplicationU.K.

9.  This Part applies to ships of Classes I, II, VII, VII(A), VII(T), VIII, VIII(T), IX, XI and XII, the keels of which were laid, or which were at a similar stage of construction, before 1st July 1998, and engaged on international voyages.

Compliance by ships constructed before 1st July 1998U.K.

10.—(1) A ship to which this Part applies must comply with each requirement applicable to that ship prescribed by Merchant Shipping Notice 1676 (Amendment 1).

(2) Except for ships of Classes XI and XII, a ship to which this Part applies must comply with each provision of Part B of Chapter III that applies to it(12).

(3) For the purposes of paragraph (1), where there is a conflict between the requirements of Merchant Shipping Notice 1676 (Amendment 1) and Part B of Chapter III, the latter takes precedence.

Replacement of life-saving appliances and arrangementsU.K.

11.—(1) This regulation does not apply to ships of Classes XI and XII.

(2) Subject to paragraphs (3) and (4), on a ship to which this Part applies, where—

(a)life-saving appliances or arrangements are replaced; or

(b)the ship undergoes repairs, alterations or modifications of a major character which involves replacement of, or any addition to, its life-saving appliances or arrangements,

the replacement or additional life-saving appliances or arrangements must, so far as is reasonably practicable, comply with the requirements of Part B of Chapter III.

(3) Any life-saving appliance or arrangement complying with the requirements of Part B of Chapter III is not required to comply with the requirements of Merchant Shipping Notice 1676 (Amendment 1) which would otherwise apply.

(4) Where—

(a)a survival craft, other than an inflatable liferaft, is replaced but its launching appliance is not; or

(b)a launching appliance for a survival craft, other than an inflatable liferaft, is replaced but the survival craft is not,

the survival craft or the launching appliance (as the case may be) must be of the same type as that replaced.

(5) For the purposes of paragraph (4), “survival craft” means a craft capable of sustaining the lives of persons in distress from the time of abandoning the ship.

PART 3U.K.Requirements for ships constructed before 1st July 1998 and engaged on non-international voyages

ApplicationU.K.

12.  This Part applies to ships of Classes II(A), VII(A), VIII(A), VIII(A)(T), IX, IX(A), IX(A)(T), XI and XII, the keels of which were laid, or which were at a similar stage of construction, before 1st July 1998, and not engaged on international voyages.

Compliance by ships constructed before 1st July 1998U.K.

13.  A ship to which this Part applies must comply with each requirement applicable to that ship prescribed by Merchant Shipping Notice 1676 (Amendment 1).

PART 4U.K.Requirements for new ships engaged on international voyages

ApplicationU.K.

14.  This Part applies to new ships of Classes I, II, VII, VII(T), VIII, VIII(T), IX, XI and XII engaged on international voyages.

Compliance by new ships of Classes I, II, VII, VII(T) VIII, VIII(T) and IX engaged on international voyagesU.K.

15.  A new ship of Class I, II, VII, VII(T), VIII, VIII(T) or IX, when engaged on an international voyage, must comply with each provision of Part B of Chapter III that applies to it.

Compliance by new ships of Classes XI and XII engaged on international voyagesU.K.

16.  A new ship of Class XI or XII, when engaged on an international voyage, must comply with each requirement applicable to that ship prescribed by Merchant Shipping Notice 1676 (Amendment 1).

Alternative design and arrangements for new shipsU.K.

17.—(1) Life-saving appliances and arrangements for new ships to which regulation 15 applies, may deviate from the requirements of Part B of Chapter III, provided that the alternative design and arrangements meet the intent of the requirements in Part B of Chapter III and provide an equivalent level of safety.

(2) In relation to a ship to which regulation 15 applies—

(a)an alternative design or arrangement must be subjected to an engineering analysis in accordance with regulation 38.3 of Chapter III (elements of engineering analysis); and

(b)a copy of the engineering analysis must be provided by the owner to the Secretary of State.

(3) In relation to the alternative design or arrangement and the engineering analysis mentioned in paragraph (2)—

(a)the Secretary of State must evaluate and, if satisfied that the requirements of regulation 38.3 of Chapter III are met, approve the engineering analysis; and

(b)any amendment to the alternative design or arrangement must, provided the Secretary of State is satisfied that such alternative design or arrangement is at least as effective as that required by these Regulations, be approved by the Secretary of State.

(4) Where the assumptions and operational restrictions that were stipulated in the alternative design or arrangement mentioned in paragraph (2) are changed—

(a)a further engineering analysis must be carried out which takes into account the changed assumptions and operational restrictions; and

(b)where the alternative design or arrangement requires amendment, this must be evaluated and approved by the Secretary of State, if satisfied that such alternative design or arrangement is at least as effective as that required by these Regulations.

(5) An approval given under paragraph (3) or (4) may, on the giving of reasonable notice, be continued, altered or cancelled.

(6) An approval given under paragraph (3) or (4), or a continuation, 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 approval referred to in paragraph (3) or (4), or a continuation, alteration or cancellation under paragraph (5), be in writing is satisfied where the text of the approval is—

(a)transmitted by electronic means;

(b)received in legible form; and

(c)capable of being used for subsequent reference.

(8) A copy of an approval given under paragraph (3) or (4), or a continuation or alteration under paragraph (5), and which confirms that the alternative design or arrangement complies with Chapter III, must be carried on board the ship.

PART 5U.K.Requirements for new ships engaged on non-international voyages and new ships engaged on international voyages to which Part B of Chapter III does not apply

ApplicationU.K.

18.  This Part applies to new ships of—

(a)Classes II(A), VIII(A), VIII(A)(T), IX, IX(A), IX(A)(T), XI and XII which are not engaged on international voyages; and

(b)Classes I, II, VII, VII(T), VIII, VIII(T) and IX which are engaged on international voyages but to which Part B of Chapter III does not apply(13).

Compliance by new shipsU.K.

19.  A ship to which this Part applies must comply with each requirement applicable to that ship prescribed by Merchant Shipping Notice 1676 (Amendment 1).

PART 6U.K.Control and enforcement

Offences and penaltiesU.K.

20.—(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 of these Regulations, Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1) applicable to that ship, the owner and the master are each guilty of an offence in respect of each case of non-compliance.

(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) 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.

DetentionU.K.

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

(2) Any ship which does not comply with the requirements of these Regulations, Part B of Chapter III or Merchant Shipping Notice 1676 (Amendment 1) applicable to that ship, may be detained.

(3) Section 284 of the Act(14) 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 of 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)(15) 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).

(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 ship other than a 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 RegulationsU.K.

22.—(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 9th June 2025.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015(16) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under the Convention 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).