The Merchant Shipping (Nuclear Ships) Regulations 2022

PART 1 U.K. Preliminary

Citation, commencement, extent and amendments U.K.

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.

Commencement Information

I1 Reg. 1 in force at 8.12.2022, see reg. 1(1)

Interpretation U.K.

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(1) (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—

(a)

construction identifiable with a specific ship begins; and

(b)

assembly 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(2);

“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)(3);

“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(4);

“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)(5);

“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—

(a)

in England and Wales, and Scotland, the Radiation (Emergency Preparedness and Public Information) Regulations 2019(6); and

(b)

in Northern Ireland, the Radiation (Emergency Preparedness and Public Information) Regulations (Northern Ireland) 2019(7);

“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(8);

“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.

Commencement Information

I2 Reg. 2 in force at 8.12.2022, see reg. 1(1)

Application U.K.

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.

Commencement Information

I3 Reg. 3 in force at 8.12.2022, see reg. 1(1)

Ambulatory reference U.K.

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.

Commencement Information

I4 Reg. 4 in force at 8.12.2022, see reg. 1(1)

Equivalents U.K.

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

(c) any particular provision be made in relation to a nuclear ship,

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

(c) specify the terms, if any, on which it is given.

(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

(c) capable of being used for subsequent reference.

(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).

Commencement Information

I5 Reg. 5 in force at 8.12.2022, see reg. 1(1)

Approvals U.K.

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

(c) acceptable to that administration(9).

(2) An approval given under—

(a) paragraph (1);

(b) regulation 7 (safety assessment);

(c) regulation 10 (approval of reactor installation);

[F1 (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

(c) specify the terms, if any, on which it is given.

(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

(c) capable of being used for subsequent reference.

Textual Amendments

F1 Reg. 6(2)(ca) inserted (29.3.2023) by The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023 (S.I. 2023/246), regs. 1(1), 22(2)

Commencement Information

I6 Reg. 6 in force at 8.12.2022, see reg. 1(1)

(1)

S.I. 2015/508. There are amending instruments but none is relevant.

(2)

Cmnd. 7874. The Convention may be obtained in copy from the International Maritime Organization (IMO) of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=79786). The Convention was modified by its Protocol of 1978 (Cmnd. 8277) (https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=68013), which was replaced and abrogated by the Protocol of 1988 (Cm 5044) (https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=69573) with respect to the parties to the 1988 Protocol. The amendments to the Convention are available from the IMO or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/). Hard copies of the Command Papers are available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW. The Parliamentary Archives catalogue numbers for the Command Papers are HL/PO/JO/10/11/2031/2878 (Cmnd. 7874), HL/PO/JO/10/11/1959/2032 (Cmnd. 8277) and HL/PO/JO/10/11/3156/2280 (Cm 5044).

(3)

Merchant Shipping Notice 1751 (M+F) (Amendment 1) is available on https://www.gov.uk/government/publications/msn-1751-harmonised-system-of-survey-and-certification-hssc, and in hard copy from the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(4)

The Nuclear Code, as adopted by the IMO, comprises guidance only but the provisions of the Code referred to in these Regulations are made mandatory.

(5)

The prescribed fee relevant to each individual requirement is found in the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104).

(6)

S.I. 2019/703, amended by S.I. 2021/1110.

(7)

S.R. 2019 No. 185.

(8)

Merchant Shipping Notice 1837(M) Amendment 2 is available on https://www.gov.uk/government/publications/msn-1837-m-amendment-2-categorisation-of-waters, and in hard copy from the Maritime and Coastguard Agency of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).

(9)

Guidance in relation to the matters requiring the approval of the Secretary of State in the Nuclear Code is set out in Marine Guidance Note (MGN) 679 (M). MGN 679 (M) is available on https://www.gov.uk/topic/ships-cargoes/m-notices and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]).