The Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Chapter IX (Management for the Safe Operation of Ships) of the Safety of Life at Sea Convention 1974, added in 1994 by a diplomatic conference, except in relation to ro-ro passenger ferries (already implemented by Council Regulation EC No. 3051/95 on the safety management of ro-ro passenger ferries and enforced by the Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997).

They also repeal the Merchant Shipping (Operations Book) Regulations 1988.

The Regulations apply (on and after 1st July 1998) to non ro-ro passenger ships and certain cargo ships of 500 tons or over, and from 1st July 2002 to other cargo ships (including mobile offshore drilling units) of that size. Companies are required to comply with the International Safety Management (ISM) Code, including holding valid Documents of Compliance and Safety Management Certificates in respect of their ships. Provision is made for annual and intermediate audits of the operation of the safety management systems of companies and ships in respect of those Documents and Certificates. There is a power to suspend services.

There are ancillary provisions as to offences concerning Documents and Certificates issued pursuant to the Regulations, a general defence to offences under the Regulations and powers of detention of ships.

The ISM Code and the Safety of Life at Sea Convention 1974, its Protocol and amendments (including the added Chapter IX) may be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1.

Merchant Shipping Notices are obtainable from Eros Marketing Support Services Ltd., Delta House, Imber Court Business Park, Orchard Lane, East Molesey, Surrey KT8 0BN.

A copy of the compliance cost assessment for these Regulations can be obtained from the Marine Information Centre of the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG.