Legalize / United Kingdom / Statutory-Instrument

The Merchant Shipping (Fire Protection) Regulations 2023

Type Statutory-Instrument

Publication 2023-05-24

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 24th May 2023

Coming into force: 1

In accordance with paragraph 13(1) of Schedule 8 to the European Union (Withdrawal) Act 2018[^f00002], a draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament.

PART 1 — Preliminary

Citation, commencement and extent

1

(1) These Regulations may be cited as the Merchant Shipping (Fire Protection) Regulations 2023 and come into force on the 22nd day after the day on which they are made.

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

Amendments and revocations

2

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

(2) 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.

Interpretation

3

In these Regulations—

“Category A, B, C or D waters” means the waters specified as such in Merchant Shipping Notice 1837 (M) Amendment 2[^f00003];

“Chapter II-2” means Chapter II-2 in the Annex to the Convention (construction: fire protection, fire detection and fire extinction)[^f00004];

“Convention” means the International Convention for the Safety of Life at Sea, 1974[^f00005];

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

“gross tons” means gross tonnage determined in accordance with regulation 6 or regulation 12(1) of the Merchant Shipping (Tonnage) Regulations 1997[^f00006];

“international voyage” means a voyage between— a port in the United Kingdom and a port outside the United Kingdom; or a port in a Convention country other than the United Kingdom and a port in any other country or territory, whether a Convention country or not, which is outside the United Kingdom, 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;

“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; or a child under one year of age;

“passenger ship” means a ship which carries 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; or a 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; and on 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; or any 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;

“relevant Merchant Shipping Notices” means— Merchant Shipping Notice 1665 (M) Amendment 1; Merchant Shipping Notice 1666 (M) Amendment 1; Merchant Shipping Notice 1667 (M) Amendment 1; Merchant Shipping Notice 1668 (M) Amendment 1; Merchant Shipping Notice 1669 (M) Amendment 1; and Merchant Shipping Notice 1670 (M) Amendment 2;

“sea”, other than in the definition of “fishing vessel”, 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— 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; and which does not exceed 600 miles in distance between the last port of call in the country in which the voyage begins and the final port of destination, 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— construction identifiable with a specific ship begins; and assembly of that ship has commenced comprising at least 50 gross tons or one per cent of the estimated mass of all structural material, whichever is less.

Classification of ships

4

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

General application

5

(1) Subject to paragraph (2), 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) ships to which the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998[^f00007] apply;

(b) ships of war and naval auxiliary ships;

(d) fishing vessels;

(e) ships not propelled by mechanical means;

(f) wooden ships of primitive build;

(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 500 gross tons or above;

(i) any passenger ship to which the Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010[^f00008] apply;

(j) high-speed craft to which the Merchant Shipping (High Speed Craft) Regulations 2022[^f00009] apply;

(k) vessels to which the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010[^f00010] 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 the master, owner or charterer could not 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[^f00011],

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 reference

6

(1) In these Regulations, any reference to Chapter II-2 is to be construed—

(a) as a reference to Chapter II-2 as modified from time to time; and

(b) as, if Chapter II-2 is replaced, a reference to the replacement.

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

Repairs, alterations, modifications and outfitting

7

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

(2) A ship constructed before 1st July 2012 which undergoes repairs, alterations, modifications or outfitting must, so far as practicable, comply with the requirements for ships constructed on or after 1st July 2012 at least to the same extent as it did before undergoing such repairs, alterations, modifications or outfitting.

(3) A ship which undergoes repairs, alterations or modifications which substantially—

(a) alter the dimensions of the ship or the passenger accommodation spaces; or

(b) increase the ship’s service life,

and undergoes any outfitting related to such repairs, alterations or modifications, must comply with the requirements for ships constructed on or after 1st July 2012.

Approvals

8

(1) Unless approved under the Merchant Shipping (Marine Equipment) Regulations 2025, equipment relating to fire protection, fire detection and fire extinction placed on board a United Kingdom ship and required by any provision of, or listed in—

(a) regulation 1.2 or 1.6 of Part A of Chapter II-2;

(b) Parts B, C, D, E and G of Chapter II-2;

(d) Merchant Shipping Notice 1901 (M);

(e) Merchant Shipping Notice 1902 (M); or

(f) the relevant Merchant Shipping Notices,

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[^f00013], arrangements relating to fire protection, fire detection and fire extinction on board a United Kingdom ship and required by any provision of, or listed in—

(a) regulation 1.2 or 1.6 of Part A of Chapter II-2;

(b) Parts B, C, D, E and G of Chapter II-2;

(d) Merchant Shipping Notice 1901 (M);

(e) Merchant Shipping Notice 1902 (M); or

(f) the relevant Merchant Shipping Notices,

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 give an approval in relation to a United Kingdom ship for anything in the instruments, or in the provisions of an instrument, referred to in paragraph (4) 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

(4) The provisions and instruments referred to in paragraph (3) are—

(a) regulations 1.2 and 1.6 of Part A of Chapter II-2;

(b) Parts B, C, D, E and G of Chapter II-2;

(d) Merchant Shipping Notice 1902 (M).

(5) The Secretary of State, or any person authorised by the Secretary of State, may give an approval in relation to a United Kingdom ship for anything in the instruments referred to in paragraph (6) requiring to be—

(a) approved by the Secretary of State;

(b) done to the satisfaction of the Secretary of State; or

(6) The instruments referred to in paragraph (5) are—

(a) Merchant Shipping Notice 1900 (M);

(b) the relevant Merchant Shipping Notices.

(7) An approval given under paragraph (1), (2), (3) or (5) may, on the giving of reasonable notice, be continued, altered or cancelled.

(8) Any approval given under paragraph (1), (2), (3) or (5), or a continuation, alteration or cancellation under paragraph (7), must—

(a) be in writing;

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

(9) The requirement that the approval referred to in paragraph (1), (2), (3) or (5), or a continuation, alteration or cancellation under paragraph (7), 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

Equivalents

9

(1) Where any provision of, or listed in—

(a) regulations 1.2 and 1.6 of Part A of Chapter II-2;

(b) Parts B, C, D, E and G of Chapter II-2;

(d) Merchant Shipping Notice 1901 (M);

(e) Merchant Shipping Notice 1902 (M); or

(f) the relevant Merchant Shipping Notices,

contains any of the requirements referred to in paragraph (2), the Secretary of State may make provision in accordance with paragraph (3).

(2) The requirements referred to in paragraph (1) are 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 ship;

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

(3) The Secretary of State may approve any other fitting, material, appliance, apparatus, arrangement or other provision as an alternative to the requirement in question if satisfied that it is at least as effective as that requirement.

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

(5) Any approval given under paragraph (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

(6) The requirement that the approval referred to in paragraph (3), or a continuation, alteration or cancellation under paragraph (4), 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

(7) The procedure for the giving of approvals in regulation 8 (approvals) does not apply to this regulation.

Exemptions

10

(1) The Secretary of State may exempt from the requirements of any provision of Chapter II-2, Merchant Shipping Notices 1900 (M), 1901 (M) or 1902 (M) or the relevant Merchant Shipping Notices—

(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 make it unreasonable or unnecessary to require compliance with the requirements;

(b) a ship employed in special trades[^f00014] 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; and

(ii) the ship complies with—

(aa) the rules annexed to the Special Trade Passenger Ships Agreement, 1971[^f00015]; and

(bb) the rules annexed to the Protocol on Space Requirements for Special Trade Passenger Ships, 1973[^f00016];

(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.

(2) The Secretary of State may exempt—

(a) a ship of Class I, II or II(A) of 1,000 gross tons or more, other than such a ship engaged in the carriage of dangerous goods, from the requirements of paragraph 3.17 in Merchant Shipping Notice 1900 (M) (fixed gas fire-extinguishing systems in cargo spaces); or

(b) a ship of Class I, II or II(A) from the requirements of paragraph 3.37 in Merchant Shipping Notice 1900 (M) (fixed fire detection and fire alarm system in areas not accessible to fire patrol),

if satisfied that the short duration of the voyages on which the ship is engaged would make compliance with such provision unreasonable.

(3) The Secretary of State may exempt a ship other than a ship of Class I, II, II(A), XI or XII from the requirements of—

(a) paragraphs 7.1.3 and 7.2 in regulation 10 of Chapter II-2 (fire-extinguishing arrangements in cargo spaces);

(b) paragraphs 7.1.3 and 7.2 in regulation 10 in Merchant Shipping Notice 1901 (M) (fire-extinguishing arrangements in cargo spaces); or

(c) paragraphs 7.1.3 and 7.2 in regulation 10 in Merchant Shipping Notice 1902 (M) (fire-extinguishing arrangements in cargo spaces),

where the ship is constructed and solely intended for the carriage of ore, coal, grain, unseasoned timber, non-combustible cargoes or cargoes which, in the opinion of the Secretary of State, constitute a low fire risk.

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