The Merchant Shipping (Survey and Certification) Regulations 2015

Made: 2nd March 2015

Laid before Parliament: 9th March 2015

Coming into force: 6th April 2015

The Secretary of State, in exercise of the powers conferred by sections 85(1), (1B), (3) and (5) to (7) and 86(1) of the Merchant Shipping Act 1995 , and having consulted the persons referred to in section 86(4) of that Act, makes the following Regulations:

Citation and Commencement

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These Regulations may be cited as the Merchant Shipping (Survey and Certification) Regulations 2015 and come into force on 6th April 2015.

Revocation

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The Instruments listed in the Schedule are revoked.

Interpretation

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• (1) In these Regulations—

• “the Act” means the Merchant Shipping Act 1995;

• “anniversary date” means the day and the month of each year which correspond to the date of expiry of the relevant certificate;

• “Antarctic Area” has the meaning given to it in regulation 1 of Chapter XIV;

• “Arctic waters” has the meaning given to it in regulation 1 of Chapter XIV;

• “cargo ship” means any ship that is not a—passenger ship;ship of war;fishing vessel; ...pleasure vessel; high speed cargo craft; or special purpose ship;

• “Cargo Ship Safety Certificate”, “Cargo Ship Safety Construction Certificate”, “Cargo Ship Safety Equipment Certificate”, “Cargo Ship Safety Radio Certificate” and “Passenger Ship Safety Certificate” means the certificates of those names issued pursuant to regulation 13;

• “Certifying Authority” has the meaning given by regulation 4;

• “Chapter XIV” means Chapter XIV in the Annex to the SOLAS Convention (safety measures for ships operating in polar waters) and includes the amendments adopted by IMO Resolution MSC.532(107);

• “Chapter X” means Chapter X in the Annex to the SOLAS Convention (safety measures for high speed craft);

• “Class II(A) ship” means a passenger ship engaged on voyages other than international voyages, which is not—a ship of Classes III to VI(A) as defined in the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 ; ora ship of Class A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 which is a new ship, engaged on domestic voyages, for the purposes of those Regulations;

• Class IX(A) ship” and “Class IX(A)(T) ship” have the same meanings as in the Merchant Shipping (Boatmasters' Qualifications, Crew and Hours of Work) Regulations 2015 ;

• “Convention Certificate” means a certificate issued in accordance with the requirements of the SOLAS Convention; and, except in regulation 23(2) (availability of certificates on board a ship registered in a country to which the SOLAS Convention applies), includes a Polar Ship Certificate; , Industrial Personnel Safety Certificate or a Special Purpose Ship Safety Certificate

• “the Directive” means Directive 2009/45/EC of the European Parliament and of the Council of 6th May 2009 on safety rules and standards for passenger ships;

• “Exemption Certificate” means the certificate of that name issued pursuant to regulation16;

• “gross tons” means gross tonnage ascertained under the Merchant Shipping (Tonnage) Regulations 1997 ;

• “high speed cargo craft” means a high speed craft carrying not more than 12 passengers;

• “high speed craft” has the meaning given to it in regulation 1.3 of Chapter X;

• “HSC Code” means the International Code of Safety for High-Speed Craft, 2000 described in regulation 1.2 of Chapter X and includes the amendments adopted by IMO Resolution MSC.537(107);

• “HSOSC” means a craft to which the Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022 apply (see regulation 3 of those Regulations);

• “HSOSC Code” means the Secretary of State’s Code for High Speed Offshore Service Craft (of less than 500GT carrying up to 60 persons), published on 9th February 2022, and includes any document amending or replacing it which is considered by the Secretary of State to be relevant from time to time and which is specified in a Merchant Shipping Notice;

• “HSC Code Safety Certificate for Offshore Service Craft” means the certificate of that name issued pursuant to regulation 13A;

• “IMO” means the International Maritime Organization, which is a special agency of the United Nations responsible for shipping safety and security and the prevention of pollution;

• “industrial personnel” means a person who is transported or accommodated on board a ship for the purpose of offshore industrial activities performed on board other ships or offshore facilities;

• “Industrial Personnel Safety Certificate” means the certificate of that description, including the record of equipment, contained in the Appendix to the IP Code, and which confirms that a ship complies with each requirement of the IP Code applicable to it and issued in respect of—a United Kingdom ship pursuant to regulation 13C (issue of Industrial Personnel Safety Certificates in respect of cargo ships and high speed cargo craft); ora ship flying the flag of a State other than the United Kingdom which is a party to the SOLAS Convention, by that State;

• “international voyage” means a voyage from a port in one country to a port in another country, either of the countries being a country to which the SOLAS Convention applies;

• “IP and SPS Regulations” means the Merchant Shipping (Safety Measures for Ships Carrying Industrial Personnel and Special Personnel) Regulations 2025;

• “IP Code” means the International Code of Safety for Ships Carrying Industrial Personnel;

• “Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;

• “Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency, 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 an international nautical mile of 1852 metres;

• “offshore industrial activities” means the construction, maintenance, decommissioning, operation or servicing of offshore facilities related, but not limited to, exploration and exploitation of resources by the renewable or hydrocarbon energy sectors, aquaculture, ocean mining or similar activities;

• “passenger” means a person other than—the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship;industrial personnel;special personnel;a child under one year of age; ora person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstance which the master, owner or charterer, if any, could not have prevented;

• “Passenger Certificate” means the certificate of that name issued pursuant to regulation 14;

• “passenger ship” means a ship carrying more than 12 passengers;

• “pleasure vessel” means—any vessel which at the time it is being used is—in the case of a vessel wholly owned by—an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; ora body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; andon a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; orany vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club,where, in the case of any vessel referred to in paragraph (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;

• “Polar Code” means the International Code for Ships Operating in Polar Waters as described in regulation 1 of Chapter XIV (safety measures for ships operating in polar waters) and includes the amendments adopted by IMO Resolution MSC.538(107);

• “Polar Code Safety Regulations” means the Merchant Shipping (Polar Code) (Safety) Regulations 2025;

• “Polar Ship Certificate” means the certificate of that description, including the record of equipment, contained in Appendix 1 to the Polar Code and which confirms that a ship complies with each requirement of part 1-A of the Polar Code (safety measures) applicable to it and issued in respect of—a United Kingdom ship pursuant to regulation 13B (issue of Polar Ship Certificate); ora ship flying the flag of a State other than the United Kingdom which is a party to the SOLAS Convention, by that State;

• “polar waters” means Arctic waters and the Antarctic Area;

• “proper officer” means a consular officer appointed by Her Majesty's Government in the United Kingdom and, in relation to a port in a country outside the United Kingdom which is not a foreign country, includes an officer exercising in that port functions similar to those of a superintendent;

• “radio installations” means any radio equipment other than radio navigational equipment on board a ship or provided in relation to the ship's life-saving appliances;

• “ship of war” has the same meaning as in the SOLAS Convention;

• “short international voyage” means an international voyage in the course of which—a ship is not more than 200 miles from a port or place in which the passengers and crew could be placed in safety; andthe distance—between the last port of call in which the voyage begins and the final port of destination; orof the return voyagedoes not exceed 600 miles, where 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; and

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

• “special personnel” means a person who is carried on board a ship in connection with the special purpose of that ship or because of special work being carried out on board that ship, but who is not a member of the crew;

• “special purpose ship” means a ship which is not a passenger ship and which carries on board an aggregate of more than 12 persons consisting of special personnel and passengers where at least one person is special personnel;

• “Special Purpose Ship Safety Certificate” means the certificate of that description, including the record of equipment, contained in the Appendix to the SPS Code 1983 or the Annex to the SPS Code 2008, whichever is applicable, and which confirms that a ship complies with each requirement of the SPS Code 1983 or the SPS Code 2008, as the case may be, applicable to it and issued in respect of—a United Kingdom ship pursuant to regulation 13D (issue of Special Purpose Ship Safety Certificate); ora ship flying the flag of a State other than the United Kingdom which is a party to the SOLAS Convention;

• “SPS Code 1983” means the Code of Safety for Special Purpose Ships, 1983, and includes the amendments adopted by IMO Resolution MSC.542(107);

• “SPS Code 2008” means the Code of Safety for Special Purpose Ships, 2008, and includes the amendments adopted by IMO Resolution MSC.543(107);

• “statement of compliance” is a document which—in the case of a United Kingdom ship, confirms compliance by the ship with each requirement of Chapters 2 to 9 of the SPS Code 1983 or Chapters 2 to 9 of the SPS Code 2008 that applies to it and is provided by a Certifying Authority; orin the case of a ship which is not a United Kingdom ship, confirms compliance with each requirement of Chapters 2 to 9 of the SPS Code 1983 or Chapters 2 to 9 of the SPS Code 2008 that applies to it and is provided by the State whose flag the ship is entitled to fly.

• (2) For the purpose of these Regulations, the Classes for passenger ships not engaged on international voyages are as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000.

• (3) References in the Directive to Conventions or Codes in their up to date versions which—

• (a) relate to all or any of the purposes set out in section 85(1) of the Merchant Shipping Act 1995;

• (b) are considered by the Secretary of State to be relevant from time to time; and

• (c) are specified in a Merchant Shipping Notice;

have effect in so far as they are so specified.

• (4) In these Regulations, any reference to Chapter XIV, the Polar Code or the SOLAS Convention is to be construed—

• (a) as a reference to Chapter XIV, the Polar Code or the SOLAS Convention as modified from time to time; and

• (b) as, if Chapter XIV, the Polar Code or the SOLAS Convention is replaced, a reference to the replacement.

• (5) For the purposes of paragraph (4), Chapter XIV, the Polar Code or the SOLAS Convention is modified or replaced if the modification or replacement takes effect in accordance with Article VIII of the SOLAS Convention.

• (6) A modification or replacement of Chapter XIV, the Polar Code or the SOLAS Convention has effect at the time such modification or replacement comes into force in accordance with Article VIII of the SOLAS Convention.

• (7) In these Regulations, any reference to the IP Code is to be construed—

• (a) as a reference to the IP Code as modified from time to time; and

• (b) as, if the IP Code is replaced, a reference to the replacement.

• (8) For the purposes of paragraph (7), the IP Code is modified or replaced if the modification or replacement takes effect in accordance with Article VIII of the SOLAS Convention.

• (9) A modification or replacement of the IP Code has effect at the time such modification or replacement comes into force in accordance with Article VIII of the SOLAS Convention.

• (10) Any reference in these Regulations to the SPS Code 1983 or SPS Code 2008 includes any amendment or replacement of that Code which is considered by the Secretary of State to be relevant from time to time and which is specified in a Merchant Shipping Notice.

Certifying Authorities

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• (1) In these Regulations, “Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State.

• (2) Authorisation under paragraph (1) may be given conditionally or unconditionally and is subject to paragraph (4).

• (3) Without prejudice to the generality of paragraph (2), conditions may impose limitations on any person's authorisation relating to—

• (a) individual ships;

• (b) classes of ships; and

• (c) the extent of any survey to be carried out by that person.

• (4) The Secretary of State may direct, in relation to an individual case or to a class of cases, that a survey, or part of a survey, for the purpose of these Regulations is carried out by the Secretary of State and not by another Certifying Authority.

• (5) A Certifying Authority other than the Secretary of State is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and its property is not to be regarded as property of, or held on behalf of, the Crown.

Application and exemption

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• (1) Subject to paragraph (2) these Regulations apply to United Kingdom ships wherever they may be and to other ships while they are in United Kingdom waters.

• (2) These Regulations do not apply to—

• (a) fishing vessels,

• (b) pleasure vessels,

• (c) high speed craft which are certified in accordance with regulation 13(2) of the Merchant Shipping (High Speed Craft) Regulations 2022 unless they are subject to the IP and SPS Regulations,

• (d) passenger ships to which the Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010 apply,

• (e) vessels to which the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010 apply, ...

• (f) Class IX(A) and Class IX(A)(T) ships, and

• (g) nuclear ships, as defined in regulation 2(1) of the Merchant Shipping (Nuclear Ships) Regulations 2022

• (3) The Secretary of State may grant exemptions from all or any of the provisions of these Regulations on such terms (if any) as he may specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

Surveys of passenger ships

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• (1) Subject to paragraph (4), a United Kingdom passenger ship shall be subject to the inspections and surveys mentioned in paragraphs (2) and (3).

• (2) Those inspections are an annual inspection of the ship's bottom, of which two inspections within any five year period are to take place out of the water at intervals not exceeding 36 months.

• (3) Those surveys are–

• (a) before the ship is put in service, a passenger ship initial survey, and

• (b) before the end of every period of 12 months following the issue of the ship's Passenger Ship Safety Certificate, a passenger ship renewal survey.

• (4) A United Kingdom passenger ship to which the Directive applies shall be subject to a passenger ship initial survey, and to periodical and additional surveys, as set out in the Directive.

Surveys of cargo ship safety equipment

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