The Merchant Shipping (Fire Protection) Regulations 2023

Regulation 2

SCHEDULE 1

PART 1 Amendments

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

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

2.  In regulation 1(7)(b)—

(a) omit sub-paragraph (iv)(aa);

(b) at the end of sub-paragraph (vii), insert—

“;

(viii) ships of war, naval auxiliary ships or other ships owned or operated by a State and engaged only on governmental non-commercial service”.

3.  In regulation 45 (application and special requirements)—

(a) for paragraph (1), substitute—

“(1) Subject to paragraphs (2) and (2A), every passenger ship and every cargo ship which is intended, or which contains cargo spaces which are intended, for the carriage of dangerous goods, must comply with the protective requirements prescribed in Merchant Shipping Notice 1669 (M) (Amendment 1).”;

(b) in paragraph (2)(b), for “1.1 of regulation 54” substitute “2.1 of regulation 19”;

(c) after paragraph (2), insert—

“(2A) A cargo ship of less than 500 tons engaged on international voyages constructed on or after 1st February 1992 and before 1st July 2002, must comply with paragraph 3 of regulation 19 of Chapter II-2 of the International Convention for the Safety of Life at Sea 1974, except that such a ship constructed before 1st July 1998 is not required to comply with paragraphs 3.10.1 and 3.10.2 of that regulation.”;

(d) after paragraph (4), insert—

“(5) In this regulation, any reference to Chapter II-2 of the International Convention for the Safety of Life at Sea 1974 (“the Convention”) is to be construed—

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

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

(6) For the purposes of paragraph (5), Chapter II-2 of the Convention is modified or replaced if the modification or replacement takes effect in accordance with Article VIII of the Convention.

(7) A modification or replacement of Chapter II-2 of the Convention has effect at the time such modification or replacement comes into force in accordance with Article VIII of the Convention.”.

The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998

4.  The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998(1) are amended as follows.

5.  In the Schedule, in the table—

(a) in the entry for the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998, in the third column at the end, insert “2023/XXXX”;

(b) omit the entry for the Merchant Shipping (Fire Protection) Regulations 2003(2);

(c) at the end—

(i) in the first column, insert “The Merchant Shipping (Fire Protection) Regulations 2023”;

(ii) in the second column, insert “2023/XXXX”;

(iii) in the third column, insert “None”.

The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998

6.  The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998(3) are amended as follows.

7.  In Schedule 1 (large vessels), in the table—

(a) omit the entry for the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998;

(b) at the end—

(i) in the first column, insert “The Merchant Shipping (Fire Protection) Regulations 2023”;

(ii) in the second column, insert “2023/XXXX”;

(iii) in the third column, insert “None”.

8.  In Schedule 2 (small vessels), in the table—

(a) in the entry for the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998, in the third column at the end, insert “2023/XXXX”;

(b) omit the entry for the Merchant Shipping (Fire Protection) Regulations 2003;

(c) at the end—

(i) in the first column, insert “The Merchant Shipping (Fire Protection) Regulations 2023”;

(ii) in the second column, insert “2023/XXXX”;

(iii) in the third column, insert “None”.

The Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000

9.  The Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000(4) are amended as follows.

10.  Omit regulation 5(1)(f) (amendment).

11.  In the Schedule, omit paragraph 5 (amendments).

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

12.  The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005(5) is amended as follows.

13.  In Schedule 15 (amendments to subordinate legislation relating to merchant shipping), in the table omit the entries for—

(a) the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998; and

(b) the Merchant Shipping (Fire Protection) Regulations 2003.

The Merchant Shipping (Marine Equipment) Regulations 2016

14.  The Merchant Shipping (Marine Equipment) Regulations 2016 are amended as follows.

15.  In Schedule 1 (amendment of regulations), omit paragraphs 4 and 10.

The Merchant Shipping (Fees) Regulations 2018

16.  The Merchant Shipping (Fees) Regulations 2018(6) are amended as follows.

17.  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) in Section E (fire and life-saving)—

(i) in the entry for the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998, in the third column insert “2023/XXXX”;

(ii) omit the entries for the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998 and the Merchant Shipping (Fire Protection) Regulations 2003;

(iii) at the end—

(aa) in the first column, insert “The Merchant Shipping (Fire Protection) Regulations 2023”;

(bb) in the second column, insert “2023/XXXX”;

(cc) in the third column, insert “None”;

(b) in Section I (construction and equipment)—

(i) in the entry for the Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998, in the third column, after “2016/354” insert “2023/XXXX”;

(ii) in the entry for the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998, in the third column, after “2018/242” insert “2023/XXXX”;

(iii) in the entry for the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000, in the third column, after “2018/53” insert “2023/XXXX”;

(iv) in the entry for the Merchant Shipping (Marine Equipment) Regulations 2016, in the third column, for “None” substitute “2023/XXXX”.

PART 2 Revocations

Regulations revoked	References	Extent of revocation
The Merchant Shipping (Fire Protection: Large Ships) Regulations 1998	S.I. 1998/1012	The whole Regulations
The Merchant Shipping (Fire Protection) (Amendment) Regulations 1999	S.I. 1999/992	Part 1
The Merchant Shipping (Miscellaneous Amendments) Regulations 2001	S.I. 2001/1638	Regulations 3 and 7
>The Merchant Shipping (Fire Protection) Regulations 2003	S.I. 2003/2950	The whole Regulations
The Merchant Shipping (Fire Protection) Regulations (Amendment) Regulations 2003	S.I. 2003/2951	Regulations 2 to 11
The Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018	S.I. 2018/1221	Regulation 3(2)(c) and paragraph 6 in the Schedule

Regulation 4

SCHEDULE 2 Classification of ships

Passenger ships	Description of class of ship
Class I	ships engaged on voyages any of which are long international voyages;
Class II	ships engaged only on short international voyages;
Class II(A)	ships engaged on voyages of any kind other than international voyages, which are not— (i)    ships of Classes III to VI(A) as defined in the Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998(7); (ii)    ships of Classes A, B, C or D as defined in the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 and engaged on domestic voyages for the purposes of those Regulations;
Class III	ships engaged only on voyages in the course of which they are at no time more than 70 miles by sea from their point of departure and not more than 18 miles from the coast of the United Kingdom, and which are at sea only in favourable weather and during restricted periods;
Class IV	ships engaged only on voyages in Category A, B, C or D waters;
Class V	ships engaged only on voyages in Category A, B or C waters;
Class VI	ships engaged only on voyages with not more than 250 passengers on board, to sea, or in Category A, B, C or D waters, in all cases in favourable weather and during restricted periods, in the course of which the ships are at no time more than 15 miles, exclusive of any Category A, B, C or D waters, from their point of departure nor more than 3 miles from land;
Class VI(A)	ships carrying not more than 50 passengers for a distance of not more than 6 miles on voyages to or from isolated communities on the islands or coast of the United Kingdom, and which do not proceed for a distance of more than 3 miles from land;
Non-passenger ships	Description of class of ship
Class VII	ships, other than ships of Classes I, VII(A), VII(T), XI and XII, engaged on voyages any of which are long international voyages;
Class VII(A)	ships employed as fish processing or canning factory ships, and ships engaged in the carriage of persons employed in the fish processing or canning industries;
Class VII(T)	tankers engaged on voyages any of which are long international voyages;
Class VIII	ships, other than ships of Classes II, VIII(T), IX, XI and XII, engaged only on short international voyages;
Class VIII(A)	ships, other than ships of Classes II(A) to VI(A) inclusive, VIII(A)(T), IX, IX(A), IX(A)(T), XI and XII, engaged only on voyages which are not international voyages;
Class VIII(T)	tankers engaged on voyages any of which are short international voyages;
Class VIII(A)(T)	tankers engaged only on voyages which are not international voyages;
Class IX	tugs and tenders, other than ships of Classes II, II(A), III, VI and VI(A), which proceed to sea but are not engaged on long international voyages;
Class IX(A)	ships, other than ships of Classes IV to VI inclusive, which do not proceed to sea;
Class IX(A)(T)	tankers which do not proceed to sea;
Class XI	sailing ships, other than fishing vessels and ships of Class XII, which proceed to sea;
Class XII	pleasure vessels of 13.7 metres in length or over.

(1)

S.I. 1998/1609. The table contained in the Schedule was substituted by S.I. 2016/354. There are other amending instruments but none is relevant.

(2)

S.I. 2003/2950, amended by S.I. 2005/2114, S.I. 2016/1025 and S.I. 2019/470.

(3)

S.I. 1998/2771, amended by S.I. 2018/242. The tables contained in Schedules 1 and 2 were substituted by S.I. 2016/353. There are other amending instruments but none is relevant.

(4)

S.I. 2000/2687. There are amending instruments but none is relevant.

(5)

S.I. 2005/2114. There are amending instruments but none is relevant.

(6)

S.I. 2018/1104. There is an amending instrument which is not relevant.

(7)

S.I. 1998/2515. There are amending instruments but none is relevant.