1.—(1) These Regulations may be cited as the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 and come into force on 12th December 2025.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Commencement Information
I1Reg. 1 in force at 12.12.2025, see reg. 1(1)
2.—(1) The amendments listed in Schedule 1 have effect.
(2) The Regulations listed in the first column of the Table in Schedule 2 are revoked to the extent specified in the third column of that Table.
Commencement Information
I2Reg. 2 in force at 12.12.2025, see reg. 1(1)
3.—(1) In these Regulations—
“certificate of compliance” means a certificate issued in accordance with regulation 9 (issue of certificate of compliance to large vessels);
“Certifying Authority” has the same meaning as in regulation 4 of the Merchant Shipping (Survey and Certification) Regulations 2015(1);
“code of practice” means—
in relation to a large vessel, Part A of the Red Ensign Group Yacht Code(2) and includes a reference to any document amending or replacing that Code which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
in relation to a small vessel, the Sport or Pleasure Vessel Code (The Safety of Small Vessels in Commercial Use for Sport or Pleasure - A Code of Practice)(3) and includes a reference to any document amending or replacing that Code which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice,
and any reference in these Regulations to the relevant code of practice is to be construed accordingly;
“intended pleasure vessel” means a vessel which would be a pleasure vessel but for it being engaged on a single seagoing voyage solely for the purpose of—
the sale of that vessel;
the repair of that vessel;
the conduct of sea trials of that vessel; or
the delivery of that vessel which is only for one of the purposes described in paragraph (a), (b) or (c), and
is a pleasure vessel immediately before and immediately after it is engaged on the single seagoing voyage solely for one of the purposes described in paragraph (a), (b), (c) or (d);
“large vessel” means a vessel which is not a small vessel;
“length” has the meaning in regulation 2(1) of the Merchant Shipping (Load Line) Regulations 1998(4);
“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;
“passenger” means a person other than—
the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; or
a child under one year of age;
“pleasure vessel” means—
any vessel which at the time it is being used is—
in the case of a vessel wholly owned by—
an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or
a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and
on a voyage or excursion which is one for which the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or
any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club,
where, in the case of any vessel referred to in paragraph (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant;
“prescribed fee” means the fee prescribed by the Secretary of State under section 302 of the Merchant Shipping Act 1995 (fees)(5);
“relevant certificate” means—
in relation to a large vessel, the certificate which was issued following the vessel’s initial survey or last renewal survey;
in relation to a small vessel, the certificate which was issued following the vessel’s compliance examination or last renewal examination;
“seagoing” means going to sea beyond the limits of category A, B, C or D waters, as categorised in Merchant Shipping Notice 1837(M) Amendment 3(6);
“Small Sport or Pleasure Code Certificate” means a certificate issued in accordance with regulation 13 (issue of small sport or pleasure code certificate to small vessels);
“small vessel” means a vessel of less than 24 metres in load line length or, in the case of a vessel the keel of which was laid or which was at a similar stage of construction before 21st July 1968, less than 150 tons, where “similar stage of construction” means a stage at which—
construction identifiable with a specific vessel begins; and
assembly of that vessel has commenced, comprising at least 1% of the estimated mass of all structural material;
“tons” means the gross tons, measured in accordance with the Merchant Shipping (Tonnage) Regulations 1967(7) as in force on 20th July 1968; and
“valid” means in force.
(2) For the purposes of these Regulations—
(a)any provision of the relevant code of practice which is expressed as a thing that “shall” or “should” be done is a requirement;
(b)any reference in the relevant code of practice to “load line length” has the same meaning as “length” as defined in these Regulations;
(c)where a vessel is operated by a person other than its owner, whether on behalf of the owner by a managing agent or some other person, or on that person’s own behalf, a reference to the owner must be construed as including a reference to that person;
(d)a reference to a pleasure vessel includes a vessel which is used as an intended pleasure vessel.
Modifications etc. (not altering text)
C1Reg. 3 applied (12.12.2025) by S.I. 2023/35, Sch. 2 para. 3 (as inserted by The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 (S.I. 2025/1195), reg. 1(1), Sch. 1 para. 23 (with reg. 4))
Commencement Information
I3Reg. 3 in force at 12.12.2025, see reg. 1(1)
4.—(1) These Regulations apply—
(a)to United Kingdom seagoing vessels wherever they may be; and
(b)to other seagoing vessels operating from United Kingdom ports whilst in United Kingdom waters,
which are in commercial use for sport or pleasure.
(2) These Regulations do not apply to—
(a)vessels carrying more than twelve passengers;
(b)pleasure vessels;
(c)craft to which the Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022(8) apply.
(3) Where persons are on board a vessel as a consequence of—
(a)the vessel being in United Kingdom waters by virtue only of stress of weather or any other circumstances which the master, owner or charterer could not have prevented; or
(b)an obligation laid upon the master to carry shipwrecked or other persons(9),
those persons are not to be taken into account for the purpose of determining the application to that vessel of any provision of these Regulations.
Commencement Information
I4Reg. 4 in force at 12.12.2025, see reg. 1(1)
5.—(1) The Secretary of State may exempt from any requirement of these Regulations or the relevant code of practice a large vessel or class of large vessel if satisfied that the conditions in paragraph (3) of chapter 1.10 (exemptions)(10) of the relevant code of practice are met.
(2) The Secretary of State may in exceptional circumstances not provided for in paragraph (1) exempt from any provision of these Regulations or the relevant code of practice a vessel or class of vessel if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that vessel or class of vessel.
(3) An exemption under paragraph (1) or (2) may be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the vessel.
(4) An exemption granted under paragraph (1) or (2) may, on the giving of reasonable notice, be altered or cancelled.
(5) An exemption granted under paragraph (1) or (2), or an alteration or cancellation under paragraph (4), 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.
(6) The requirement that the exemption granted under paragraph (1) or (2), or an alteration or cancellation under paragraph (4), be in writing is satisfied where the text of the approval is—
(a)transmitted by electronic means;
(b)received in legible form; and
(c)capable of being used for subsequent reference.
(7) Where an exemption is granted subject to safety requirements under paragraph (3), the exemption ceases to have effect if those requirements are not complied with.
Modifications etc. (not altering text)
C2Reg. 5 applied (with modifications) (12.12.2025) by S.I. 2023/35, Sch. 2 para. 3 (as inserted by The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 (S.I. 2025/1195), reg. 1(1), Sch. 1 para. 23 (with reg. 4))
Commencement Information
I5Reg. 5 in force at 12.12.2025, see reg. 1(1)
6.—(1) Subject to paragraphs (2) and (3), where the provisions of these Regulations or the relevant code of practice require that—
(a)a particular fitting, material, appliance or apparatus be fitted on, or carried in, a vessel;
(b)any particular arrangement be made on, or in relation to, a vessel; or
(c)any particular provision be made in relation to a vessel,
the Secretary of State may approve any other fitting, material, appliance, apparatus, arrangement or other provision if satisfied by trials or otherwise that it is at least as effective as that required by these Regulations or the relevant code of practice.
(2) The Secretary of State may in relation to a large vessel approve any other fitting, material, appliance, apparatus, arrangement or other provision other than that required under the relevant code of practice if satisfied that the conditions in chapter 1.8 (equivalent arrangements) of the relevant code of practice are met.
(3) The Secretary of State may in relation to a small vessel approve any fitting, material, appliance, apparatus, arrangement or other provision other than that required under the relevant code of practice if satisfied that—
(a)where the vessel is used for a purpose described in paragraph 27A (sailing vessels engaged in racing activities) of the relevant code of practice, the safety conditions in paragraph 27A of the relevant code of practice(11) are satisfied;
(b)where the vessel is used for a purpose described in paragraph 27B (race support boats) of the relevant code of practice, the safety conditions in paragraph 27B of the relevant code(12) are satisfied;
(c)where the vessel is used for a purpose described in paragraph 27C (vessels operating as beachcraft in commercial use) of the relevant code of practice, the safety conditions in paragraph 27C of the relevant code of practice(13) are satisfied.
(4) An approval given under paragraph (1), (2) or (3) may, on the giving of reasonable notice, be continued, altered or cancelled.
(5) Any approval given under paragraph (1), (2) or (3), or a continuation, alteration or cancellation under paragraph (4), 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.
(6) The requirement that the approval referred to in paragraph (1), (2) or (3), or a continuation, alteration or cancellation in paragraph (4), be in writing is satisfied where the text of the approval is—
(a)transmitted by electronic means;
(b)received in legible form; and
(c)capable of being used for subsequent reference.
Modifications etc. (not altering text)
C3Reg. 6 applied (with modifications) (12.12.2025) by S.I. 2023/35, Sch. 2 para. 3 (as inserted by The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 (S.I. 2025/1195), reg. 1(1), Sch. 1 para. 23 (with reg. 4))
Commencement Information
I6Reg. 6 in force at 12.12.2025, see reg. 1(1)
7.—(1) The Secretary of State may grant an approval in relation to a United Kingdom vessel for anything in these Regulations or the relevant code of practice requiring to be—
(a)approved by the Administration;
(b)done to the satisfaction of such Administration; or
(c)acceptable to that Administration(14).
(2) Unless required to be approved under the Merchant Shipping (Marine Equipment) Regulations 2016(15), any equipment required by these Regulations and placed on board a United Kingdom vessel must be approved by the Secretary of State, or any person authorised by the Secretary of State.
(3) An approval given under paragraph (1) or (2) may, on the giving of reasonable notice, be continued, altered or cancelled.
(4) Any approval given under paragraph (1) or (2), or a continuation, alteration or cancellation under paragraph (3), 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.
(5) The requirement that the approval referred to in paragraph (1) or (2), or the continuation, alteration or cancellation under paragraph (3), be in writing is satisfied where the text of the approval is—
(a)transmitted by electronic means;
(b)received in legible form; and
(c)capable of being used for subsequent reference.
(6) In this regulation, “Administration” means the Government of the State whose flag a vessel is entitled to fly.
Modifications etc. (not altering text)
C4Reg. 7 applied (with modifications) (12.12.2025) by S.I. 2023/35, Sch. 2 para. 3 (as inserted by The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 (S.I. 2025/1195), reg. 1(1), Sch. 1 para. 23 (with reg. 4))
Commencement Information
I7Reg. 7 in force at 12.12.2025, see reg. 1(1)
S.I. 2015/508, to which there are amendments not relevant to these Regulations.
Part A of the Red Ensign Group Yacht Code is available on https://www.redensigngroup.org/media/yzlbtkyi/reg-yc-july-2024-edition-part-a.pdf and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk).
The Sport or Pleasure Vessel Code is available on https://www.gov.uk/government/collections/small-craft-codes-of-practice and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk).
S.I. 1998/2241, amended by S.I. 2000/1335 and S.I. 2018/155; there is one other amending instrument but it is not relevant.
The prescribed fee relevant to each individual requirement is found in the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104).
Merchant Shipping Notice 1837(M) Amendment 3 was published on 22ndApril 2024 and is available on https://www.gov.uk/government/publications/msn-1837-m-amendment-3-categorisation-of-waters and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk).
S.I. 1967/172; amended by S.I. 1967/1093. This instrument was revoked by S.I. 1982/841 and is available on https://www.legislation.gov.uk/uksi/1967/172/pdfs/uksi_19670172_en.pdf.
S.I. 2022/41, amended by S.I. 2022/1219.
Regulation 33 in Chapter V of the Annex to the International Convention for the Safety of Life at Sea, 1974 (safety of navigation) places an obligation on the master to provide assistance to persons in distress at sea. This obligation is implemented in the Merchant Shipping (Safety of Navigation) Regulations 2020 (S.I. 2020/673), amended by S.I. 2022/1219 and S.I. 2025/134.
The Conventions referred to in paragraph (3) of chapter 1.10 are listed in Annex L to the Common Annexes, which is applied by Chapter 3 of Part A of the Red Ensign Yacht Code. The Common Annexes are found at https://www.redensigngroup.org/media/1alpazfg/reg-yc-july-2024-edition-common-annexes.pdf.
The safety conditions are set out in paragraph 27A.1.1.2 of the relevant code of practice.
The safety conditions are set out in paragraph 27B.2.1 to 2.15 of the relevant code of practice.
The safety conditions are set out in paragraph 27C.5 and 27C.6 of the relevant code of practice.
The circumstances in which the approval of the Secretary of State is required in relation to United Kingdom ships are set out in the relevant code of practice.
S.I. 2016/1025, amended by S.I. 2019/470, 2019/1304, 2020/1000 and 2024/504; there are other amending instruments but none is relevant. Relevant standards are set out in Annex 1 to Merchant Shipping Notice 1874 (M+F) Amendment 10, which is available on https://www.gov.uk/government/publications/msn-1874-mf-amendment-10-marine-equipment-united-kingdom-conformity-assessment-procedures-for-marine-equipment-other-approval-and-standards and in hard copy from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk).