Legalize / United Kingdom / Statutory-Instrument

The Merchant Shipping (Nuclear Ships) Regulations 2022

Type Statutory-Instrument

Publication 2022-11-15

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 15th November 2022

Laid before Parliament: 16th November 2022

Coming into force: 8th December 2022

The Secretary of State, after consulting the persons referred to in section 86(4) of the Merchant Shipping Act 1995[^f00002], and in exercise of the powers conferred by sections 85(1), (3), (5) and (7), 86(1)(a), (b), (c) and (d), 302(1) and 306A of that Act, article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996[^f00003], and article 2 of the Merchant Shipping (Control of Pollution) (SOLAS) Order 1998[^f00004], and with the consent of the Treasury, makes the following Regulations

PART 1 — Preliminary

Citation, commencement, extent and amendments

1

(1) These Regulations may be cited as the Merchant Shipping (Nuclear Ships) Regulations 2022 and come into force on 8th December 2022.

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

(3) The amendments listed in the Schedule have effect.

Interpretation

2

(1) In these Regulations—

“Certifying Authority” has the meaning given to it in regulation 4 of the Merchant Shipping (Survey and Certification) Regulations 2015[^f00005] (certifying authorities);

“Chapter I” means Chapter I in the Annex to the Convention (general provisions);

“Chapter VIII” means Chapter VIII in the Annex to the Convention (nuclear ships);

“construction” means, in the context of a nuclear ship, the point at which the keel is laid or which is at a similar stage of construction, and “similar stage of construction” means the stage at which—construction identifiable with a specific ship begins; andassembly of that ship has commenced comprising at least 50 tons or 1% of the estimated mass of all structural material, whichever is less,and “constructed” is to be construed accordingly;

“Convention” means the International Convention for the Safety of Life at Sea, 1974[^f00006];

“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;

“flag administration” means the administration of the State whose flag a ship is entitled to fly;

“initial survey” means the survey of that description in Merchant Shipping Notice 1751 (M+F) (Amendment 1)[^f00007];

“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;

“Nuclear Code” means the Code of Safety for Nuclear Merchant Ships, as adopted by International Maritime Organization Resolution A.491(XII) on 19th November 1981[^f00008];

“nuclear ship” means any ship to which the Merchant Shipping Act 1995 applies, the normal mode of propulsion of which is based upon nuclear energy and whose characteristics are those of conventional displacement ships;

“Nuclear Ship Safety Certificate” means either a “Nuclear Passenger Ship Safety Certificate” or a “Nuclear Cargo Ship Safety Certificate” issued in accordance with regulation 10 of Chapter VIII;

“nuclear steam supply system” means that part of a reactor installation intended for steam generation;

“prescribed fee” means the fee prescribed by the Secretary of State under section 302 of the Merchant Shipping Act 1995 (fees)[^f00009];

“reactor installation” means a nuclear reactor, which comprises any plant, including any machinery, equipment or appliance, whether affixed to land or not, designed or adapted for the production of atomic energy by a fission process in which a controlled chain reaction can be maintained without an additional source of neutrons;

“renewal survey” means the survey of that description in Merchant Shipping Notice 1751 (M+F) (Amendment 1);

“REPPIR regulations” means—in England and Wales, and Scotland, the Radiation (Emergency Preparedness and Public Information) Regulations 2019[^f00010]; andin Northern Ireland, the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2019[^f00011];

“sea” includes any estuary or arm of the sea but does not include Category A, B, C or D waters and for the purposes of this definition “Category A, B, C or D waters” means the waters specified as such in Merchant Shipping Notice 1837(M) Amendment 2[^f00012];

“United Kingdom nuclear ship” means a United Kingdom ship within the meaning of section 85(2) of the Merchant Shipping Act 1995 which is a nuclear ship;

“valid” means in force and “validity” is to be construed accordingly.

(2) Any reference in these Regulations to the Nuclear Code 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.

(3) Any reference in the Nuclear Code to a matter that is expressed as a matter that “should” be discharged, must be read as an obligation to discharge.

Application

3

(1) Subject to paragraphs (2) and (3), these Regulations apply to nuclear ships which are—

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

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

(2) These Regulations do not apply to—

(a) ships of war and naval auxiliary ships; or

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

(3) A non-United Kingdom nuclear ship flying the flag of a State which is not a Convention country 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

4

(1) In these Regulations, any reference to Chapter I or Chapter VIII is to be construed—

(a) as a reference to Chapter I or Chapter VIII as modified from time to time; and

(b) as, if Chapter I or Chapter VIII is replaced, a reference to the replacement.

(2) For the purposes of paragraph (1), Chapter I or Chapter VIII 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 I or Chapter VIII has effect at the time such modification or replacement comes into force in accordance with Article VIII of the Convention.

Equivalents

5

(1) Where these Regulations or the Nuclear Code require that—

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

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

the Secretary of State may approve any other fitting, material, appliance, apparatus, arrangement or other provision if satisfied that it is at least as effective as that required by these Regulations or the Nuclear Code.

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

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

(a) be in writing;

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

(4) The requirement that the approval referred to in paragraph (1), or a continuation, alteration or cancellation under paragraph (2), 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

(5) An approval given under paragraph (1), or a continuation, alteration or cancellation under paragraph (2), must be recorded in the safety assessment referred to in regulation 13 (safety assessment – operational requirements).

Approvals

6

(1) The Secretary of State, or any person authorised by the Secretary of State, may give an approval in relation to a United Kingdom nuclear ship for anything in the Nuclear Code requiring to be—

(a) approved by the ship’s flag administration;

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

(2) An approval given under—

(a) paragraph (1);

(b) regulation 7 (safety assessment);

(ca) regulation 13(3) (approval of change to safety assessment in operational phase);

(d) regulation 14 (operating manual);

(e) regulation 18(1) (manning and training); or

(f) regulation 20 (surveys of United Kingdom nuclear ships),

may, on the giving of reasonable notice, be continued, altered or cancelled.

(3) An approval mentioned in paragraph (2) or a continuation, alteration or cancellation under that paragraph, must—

(a) be in writing;

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

(4) The requirement that an approval mentioned in paragraph (2), or a continuation, alteration or cancellation under that paragraph, 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

PART 2 — Special requirements for nuclear ships

Safety assessment

7

(1) A United Kingdom nuclear ship must not be constructed unless a safety assessment has been prepared and approved by the Secretary of State.

(2) The safety assessment referred to in paragraph (1) must—

(a) in accordance with regulation 7 of Chapter VIII (safety assessment), evaluate the nuclear power plant and safety of the ship in order to ensure that there are no unreasonable radiation or other hazards, at sea or in port, to the crew, passengers or public, or to waterways, food or water resources;

(b) contain the matters set out in the following provisions in the Nuclear Code—

(i) paragraphs 1.4.5 and 1.4.6 in Chapter 1 (principles of risk assessment);

(ii) paragraph 7.2.2 in Chapter 7 (content of safety assessment); and

(iii) paragraph 8.1.7 in Chapter 8 (specification of surveys etc.), where appropriate; and

(3) Subject to payment of the prescribed fee, the Secretary of State must approve the safety assessment referred to in paragraph (1), and any change to it, if satisfied that the requirements in paragraph (2) have been met.

(4) For the purposes of this regulation, “nuclear power plant” means that part of the reactor installation that produces steam for propulsion.

Design and construction of nuclear ships

8

A nuclear ship must be designed and constructed in accordance with the following provisions of the Nuclear Code—

(a) paragraphs 1.3.2, 1.3.3, 1.3.5, 1.3.6, 1.3.8 to 1.3.11 and 1.9.2 in Chapter 1 (general safety principles);

(b) Chapter 2 (design criteria and conditions);

(d) Chapter 4 (nuclear steam supply system);

(e) Chapter 5 (machinery and electrical installations); and

(f) paragraphs 6.2, 6.4.1 to 6.4.5, 6.4.9, 6.4.10, 6.5.1 to 6.5.9, 6.6.2, 6.7.3, 6.8.1, 6.8.4, 6.9 and 6.10 in Chapter 6 (radiation safety).

Suitability of reactor installation for service on board a ship

9

The reactor installation must be designed having regard to the special conditions of service on board a nuclear ship in both normal and exceptional circumstances of navigation.

Approval of reactor installation

10

For the purposes of the operation of a United Kingdom nuclear ship, the design, construction, and standards of inspection and assembly of the reactor installation must be approved by the Secretary of State, or any person authorised by the Secretary of State, taking into account the limitations on surveys of the reactor installation as a consequence of the presence of radiation.

Radiation safety

11

(1) A nuclear ship must comply with each of the following requirements relating to radiation safety in Chapter 6 of the Nuclear Code (radiation safety)—

(a) paragraphs 6.3 and 6.4 (protection of persons and dosimetry and monitoring); and

(b) paragraphs 6.5.9 to 6.5.11, 6.6.1, 6.6.3, 6.6.4, 6.7.1, 6.7.2, 6.8.2 and 6.8.3 (radioactive waste management),

that applies to that ship.

(2) For the purposes of paragraph (1), where there is a conflict between the requirements of the REPPIR regulations and paragraph (1), the requirements of the REPPIR regulations take precedence.

PART 3 — Operating requirements for nuclear ships

General operating requirements for nuclear ships

12

(1) Subject to the particular operating requirements in this Part, a nuclear ship must be operated in accordance with the operating requirements in paragraph 7.1 in Chapter 7 of the Nuclear Code (operating requirements for a nuclear merchant ship).

(2) For the purposes of paragraph (1), where there is a conflict between the requirements of the REPPIR regulations and paragraph (1), the requirements of the REPPIR regulations take precedence.

Safety assessment – operational requirements

13

(1) A nuclear ship must be operated in compliance with the required safety assessment, which—

(a) in the case of a United Kingdom nuclear ship, is the safety assessment referred to in regulation 7 (safety assessment);

(b) in the case of a non-United Kingdom nuclear ship, is the safety assessment required by regulation 7 of Chapter VIII (safety assessment) and containing the matters described in regulation 7(2) of these Regulations.

(2) The safety assessment is subject to each of the following requirements—

(a) it must be kept up to date;

(b) it must be kept on board the nuclear ship;

(3) In the case of a United Kingdom ship, for the purposes of keeping the safety assessment up to date in accordance with the requirement in sub-paragraph (a) of paragraph (2), any change to the safety assessment must be approved by the Secretary of State.

(4) Subject to payment of the prescribed fee, the Secretary of State must approve any change to the safety assessment referred to in paragraph (3), if satisfied that the requirements in paragraph (2) of regulation 7 have been met.

(5) The safety assessment must be made available to the Secretary of State at least 12 months before the arrival of a nuclear ship in United Kingdom waters.

Operating manual

14

(1) An operating manual for a nuclear ship must—

(a) be prepared for the information and guidance of the crew of the ship in accordance with regulation 8 in Chapter VIII (operating manual);

(b) include the information referred to in—

(i) paragraph 7.2.3 in Chapter 7 of the Nuclear Code (content of the operating manual); and

(ii) paragraph 8.1.7 in Chapter 8 of the Nuclear Code (specification of surveys etc.);

(c) make provision for nuclear waste management as described in paragraphs 6.5 to 6.9 of the Nuclear Code (management of radioactive waste); and

(d) be approved—

(i) in the case of a United Kingdom nuclear ship, by the Secretary of State;

(ii) in the case of a non-United Kingdom nuclear ship, by that ship’s flag administration.

(2) For the purposes of paragraph (1)(d)(i), the Secretary of State must approve the operating manual referred to in paragraph (1) if satisfied that—

(a) the requirements in that paragraph have been met; and

(b) the prescribed fee has been paid.

(3) A nuclear ship—

(a) must not be operated until the operating manual has been approved in accordance with paragraph (1)(d); and

(b) must be operated in compliance with its approved operating manual.

(4) When a nuclear ship and its reactor installation are being operated, the procedures referred to in paragraph 7.3.1 of the Nuclear Code (normal operating procedures) must be followed.

(5) The operating manual must be—

(a) kept up to date;

(b) kept on board the nuclear ship;

Additional operating documentation

15

(1) In addition to the safety assessment required by regulations 7 (safety assessment) and 13 (safety assessment – operational requirements), the operating manual required by regulation 14 (operating manual) and the Nuclear Ship Safety Certificate required by regulation 21 (certification of nuclear ships), a nuclear ship must hold operating documentation reflecting the specific features of the construction and operation of the nuclear ship and which include the following operating documentation—

(a) certificates attesting to the nuclear training of the master and ship’s officers and other crew members holding specialised certification;

(b) radiation emergency plan;

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