The Merchant Shipping (Polar Code) (Safety) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement the requirements of Chapter XIV in the Annex to the International Convention for the Safety of Life at Sea, 1974 (“the Convention”), which incorporates the safety related requirements for ships in the International Code for Ships Operating in Polar Waters (“the Polar Code”). They apply, with certain limited exceptions, to United Kingdom ships certified in accordance with the Merchant Shipping (Survey and Certification) Regulations 2015 (S.I. 2015/508) operating in, or intending to operate in, polar waters (regulation 3). They also apply to non-United Kingdom ships with appropriate certification which commence a voyage from, or end a voyage in, a port in the United Kingdom, and as part of that voyage operate in, or intend to operate in, polar waters. Appropriate certification means the ship has been certified in accordance with Chapter I of the Convention or, in the case of a non-Convention ship, in accordance with the requirements of the State whose flag that ship is entitled to fly and which demonstrates compliance with the requirements of Chapter I.

The Regulations provide for the granting of exemptions (regulation 5), approval of equivalents (regulation 6) and alternative design and arrangements for United Kingdom ships (regulation 7). The Secretary of State may also approve matters contained in the Polar Code requiring the approval of the Administration (regulation 8). Provision is made for the approval of training providers who provide courses for seafarers leading to a Certificate of Proficiency, which is required by chapter 12 of part 1-A of the Polar Code and Regulation V/4 of the International Convention on Standards of Training, Certification and Watchkeeping, 1978 (regulations 9 and 10).

All the safety related provisions of the Polar Code are implemented by these Regulations. The requirements for ships operating in polar waters are contained in regulation 12 and the manning and training requirements in chapter 12 of part 1-A of the Polar Code are contained in regulations 13 to 17. Regulations 18 to 24 contain provisions relating to the survey and certification procedure for a Polar Ship Certificate, including the particular responsibilities of the owner and master (regulation 20). The majority of these requirements are incorporated into the Regulations by direct reference to the requirements in the Polar Code. Future amendments to the referenced Polar Code and other Convention requirements will be automatically incorporated into the Regulations pursuant to the ambulatory reference provision in regulation 4.

Regulation 25 provides for an arbitration procedure where there is a dispute in relation to a survey carried out in respect of a United Kingdom ship. The Regulations also provide for offences and penalties in the event of a contravention of the requirements of the Regulations (regulation 26). Regulation 27 provides a power for a surveyor to inspect a non-United Kingdom ship in order to verify that there is a valid certificate for operation in polar waters. In cases of non-compliance with the Regulations, a ship may also be detained (regulation 28).

Regulation 29 requires the Secretary of State to review the operation and effect of these Regulations and publish a report before 6th January 2027 and at intervals not exceeding 5 years after that. Following a review, it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or to be amended or revoked. A further instrument would be needed to amend or revoke the Regulations.

Marine Guidance Note 637(M) also provides guidance on how the Secretary of State will exercise discretion where the Polar Code permits this. Marine Guidance Note 637(M) is available from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone [phone] and email [e-mail]) https://www.gov.uk/topic/ships-cargoes/m-notices. Merchant Shipping Notice M.1613 is also available at the same link and from the MCA.

The Convention and its Protocol of 1988 may be obtained in copy from the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR and both are available on the Foreign, Commonwealth and Development Office (FCDO) treaties database (https://treaties.fco.gov.uk/responsive/app/consolidatedSearch). The text of the IMO Resolutions amending the Convention and Protocol may be obtained from the IMO or found in Marine Information Note 637(M), or on the FCDO treaties database (https://treaties.fco.gov.uk/responsive/app/consolidatedSearch).

Future amendments to the Convention and to the Protocol may be obtained in copy from the IMO and, after coming into force in the United Kingdom, found on the FCDO treaties database (https://treaties.fco.gov.uk/responsive/app/consolidatedSearch). Until such publication is made on the FCDO treaties database, an amendment will be available from the MCA and on https://www.gov.uk. An amendment will be publicised in advance of its in-force date by means of a Parliamentary Statement to both Houses of Parliament and by way of a Marine Guidance Note, which will be available in copy from the MCA and on https://www.gov.uk.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk .