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

Interpretation U.K.

2.  In these Regulations—

[F1 “the 2022 Regulations” means the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022];

“approved training provider” means a person approved by the Secretary of State under regulation 9(2) or 9(4);

“certificate of proficiency” means a certificate issued to a seafarer stating that the relevant requirements of training, competencies or seagoing service under the STCW Convention have been met;

“Certifying Authority” has the meaning given to it in regulation 4 of the Merchant Shipping (Survey and Certification) Regulations 2015(1);

“Chapter I” means Chapter I in the Annex to the Convention (general provisions)(2);

“Chapter XIV” means Chapter XIV in the Annex to the Convention (safety measures for ships operating in polar waters)(3);

“chief mate” means the officer next in rank to the master and upon whom the command of the ship will fall in the event of the incapacity of the master;

“Convention” means the International Convention for the Safety of Life at Sea, 1974(4);

“Convention country” means a country or territory which is either—

(a)

a country the Government of which is party to the Convention; or

(b)

a territory to which the Convention extends whether or not it is subject to the amendments to, or reservations in respect of, the Convention;

“non-United Kingdom ship” means any ship other than a United Kingdom ship;

“Polar Code”(5) has the meaning given to it in regulation 1 of Chapter XIV;

“Polar Ship Certificate” means a certificate prescribed by paragraph 1.3 of chapter 1 of part I-A of the Polar Code (certificate and survey) and issued in respect of—

(a)

a United Kingdom ship pursuant to regulation 18(1) (issue of Polar Ship Certificate); or

(b)

a ship flying the flag of a Convention country, by that country;

“polar waters”(6) has the meaning given to it in regulation 1 of Chapter XIV;

“Polar Water Operational Manual” means a manual containing information regarding the ship’s operational capabilities and limitations, and procedures to be followed in polar waters, in accordance with chapter 2 of part I-A of the Polar Code;

“prescribed fee” means the fee prescribed by the Secretary of State under section 302 of the Merchant Shipping Act 1995 (fees)(7);

“seafarer” means any person, including a master, who is employed or engaged or works in any capacity on board a ship and whose normal place of work is on that ship;

“seagoing service” means service on board a ship relevant to the issue or revalidation of a certificate of proficiency;

“STCW Code” means the Seafarers’ Training, Certification and Watchkeeping Code(8);

“STCW Convention” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978(9);

“STCW Regulation” means a Regulation contained in the Annex to the STCW Convention and any reference to a requirement in an STCW Regulation also constitutes a reference to the corresponding section of Part A of the STCW Code;

“surveyor” means a surveyor of ships, or any other person appointed by a Certifying Authority other than the Secretary of State to be a surveyor;

“valid” means in force and “validity” is to be construed accordingly.

Textual Amendments

F1 Words in reg. 2 substituted (10.1.2023) by The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 (S.I. 2022/1342), reg. 1(1), Sch. 1 Pt. 1 para. 13

Commencement Information

I1 Reg. 2 in force at 6.1.2022, see reg. 1(1)

(1)

S.I. 2015/508, amended by S.I. 2018/53 and S.I. 2018/1221.

(2)

Chapter I has not been amended.

(3)

Chapter XIV was inserted into the Convention by IMO Resolution MSC.386(94), which is available from the IMO of 4 Albert Embankment, London SE1 7SR, or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fco.gov.uk/responsive/app/consolidatedSearch).

(4)

Cmnd 7874. The Convention may be obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office (FCDO) treaties database (https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=79786). The Convention was modified by its Protocol of 1978 (Cmnd. 8277) (https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=68013), which was replaced and abrogated by the Protocol of 1988 (Cm 5044) (https://treaties.fco.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 International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the FCDO treaties database (https://treaties.fco.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).

(5)

The International Code for Ships Operating in Polar Waters, known as the “Polar Code”, was adopted by IMO Resolutions MSC.385(94) and MEPC.264(68) and took effect on 1st January 2017 upon entry into force of new Chapter XIV of the Convention, in which it is referenced, and amendments to Annexes I, II, IV and V of the International Convention for the Prevention of Pollution from Ships 1973 (MARPOL). IMO Resolution MSC.386(94) amended the Convention to incorporate Chapter XIV and the safety related provisions of the Polar Code, and MEPC.265(68) amended Annexes I, II, IV and V of MARPOL to incorporate the environment related provisions. MARPOL was published in Cmnd 5748 and was amended by the Protocols of 1978 (Cmnd 7347) and 1997 (Cm 4427). The Polar Code is available from the IMO of 4 Albert Embankment, London SE1 7SR, and on the IMO website at https://wwwcdn.imo.org/localresources/en/MediaCentre/HotTopics/Documents/POLAR%20CODE%20TEXT%20AS%20ADOPTED.pdf . 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. MARPOL and the IMO Resolutions are also available from the IMO or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fco.gov.uk/responsive/app/consolidatedSearch).

(6)

Polar waters are illustrated in figure 1 and figure 2 in the Introduction to the Polar Code.

(7)

The prescribed fee is found in the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104), which were made under section 302 of the Merchant Shipping Act 1995 and the Hovercraft (General) Order 1974 (S.I. 1974/674).

(8)

The Seafarers’ Training, Certification and Watchkeeping Code (STCW Code) is part of the STCW Convention. It contains mandatory provisions in Part A of the Code and guidance in Part B. The Code was replaced in full in 2010 following a conference of the parties to the STCW Convention held in Manila, The Philippines (“the Manila Conference”). The Code has since been amended by IMO Resolutions MSC.397(95) and MSC.417(97). The STCW Code and the amendments to it are available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fco.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.

(9)

Cmnd 7543. The Annex to the STCW Convention was replaced in full in 2010 following the Manila Conference. The Convention has since been amended by IMO Resolutions MSC.396(95) and MSC.416(97). The STCW Convention and the amendments to it are available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database ( https://treaties.fco.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.