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The Merchant Shipping (Carriage of Cargoes) Regulations 2024

Type Statutory-Instrument

Publication 2024-05-15

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 15th May 2024

Laid before Parliament: 20th May 2024

Coming into force: 11th June 2024

The Secretary of State, after consulting the persons referred to in section 86(4) of the Merchant Shipping Act 1995[^f00001], and in exercise of the powers conferred by sections 85(1), (3)(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (n), (o), (p) and (q), and (5) to (7), 86(1)(a), (b), (c) and (d), 302(1) and 306A of that Act, and with the consent of the Treasury, makes the following Regulations.

PART 1 — Preliminary

Citation, commencement and extent

1

(1) These Regulations may be cited as the Merchant Shipping (Carriage of Cargoes) Regulations 2024 and come into force on 11th June 2024.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendments and revocation

2

(1) The amendments listed in the Schedule have effect.

(2) The Merchant Shipping (Carriage of Cargoes) Regulations 1999[^f00002] are revoked.

Interpretation

3

(1) In these Regulations—

“cargo ship” means a ship which is not a passenger ship;

“Chapter VI” means Chapter VI in the Annex to the Convention (relating to the carriage of cargoes and oil fuels)[^f00003];

“Convention” means the International Convention for the Safety of Life at Sea, 1974[^f00004];

“fishing vessel” means a ship used for catching fish, whales, seals, walrus or other living resources of the sea;

“forwarder” means a person who receives the appropriate cargo information in preparation for eventual delivery of the cargo to the ship or its agent, and may include a cargo packer or consolidator;

“gross tonnage” means gross tonnage as determined in accordance with regulation 6 or 12(1) of the Merchant Shipping (Tonnage) Regulations 1997[^f00005];

“International Grain Code” means the International Code for the Safe Carriage of Grain in Bulk adopted by the Maritime Safety Committee of the International Maritime Organization by resolution MSC.23(59)[^f00006];

“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;

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

“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;

“passenger ship” means a ship which carries more than 12 passengers;

“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 paragraphs (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;

“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[^f00007];

“ship” includes hovercraft;

“shipper” means any person who, whether as principal or agent for another, consigns goods for carriage by sea;

“terminal representative” means a person appointed by the terminal or other facility where the ship is loading or unloading who has responsibility for operations conducted by that terminal or other facility with regard to the particular ship.

(2) Where a ship is operated by a person other than its owner, whether on behalf of the owner or some other person, or on that person’s own behalf, a reference in these Regulations to the owner must be construed as including a reference to that person.

Application

4

(1) Subject to paragraphs (2) to (4), these Regulations apply to the carriage of cargo on—

(a) seagoing United Kingdom ships, wherever they may be; and

(b) seagoing non-United Kingdom ships while they are within United Kingdom waters.

(2) These Regulations do not apply to—

(a) ships of war and naval auxiliary ships;

(b) ships owned or operated by a State and engaged only on governmental non-commercial service;

(d) wooden ships of primitive build;

(e) pleasure vessels;

(f) fishing vessels;

(g) ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island and, on the north side of Anticosti Island, the 63rd meridian.

(3) A non-United Kingdom ship flying the flag of a State which is not a party to the Convention 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.

(4) Where persons are on board a ship as a consequence of—

(a) the circumstances described in paragraph (3); or

(b) an obligation laid upon the master to carry shipwrecked or other persons[^f00008],

those persons are not to be taken into account for the purpose of determining the application to that ship of any provision of these Regulations.

Ambulatory reference

5

(1) In these Regulations, any reference to Chapter VI or the International Grain Code is to be construed—

(a) as a reference to Chapter VI or the International Grain Code as modified from time to time; and

(b) as, if Chapter VI or the International Grain Code is replaced, a reference to the replacement.

(2) For the purposes of paragraph (1), Chapter VI or the International Grain Code 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 VI or the International Grain Code has effect at the time such modification or replacement comes into force in accordance with Article VIII of the Convention.

Exemptions

6

(1) The Secretary of State may grant an exemption from any requirement of a regulation in Part 2 to the extent that it requires compliance with Part A or B of Chapter VI in respect of a cargo ship of less than 500 gross tonnage or class of such cargo ship if satisfied that the sheltered nature and conditions of the voyage make it unreasonable or unnecessary to apply that requirement.

(2) The Secretary of State may, in exceptional circumstances not provided for in paragraph (1), grant an exemption from any provision of these Regulations in respect of a ship or class of ship if satisfied that compliance with such provision is either impracticable or unreasonable in the case of that ship or class of ship.

(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 ship.

(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

(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 exemption, alteration or cancellation is—

(a) transmitted by electronic means;

(b) received in legible form; and

(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.

Equivalents

7

(1) Where the provisions of Chapter VI require that—

(a) a particular fitting, material, appliance or apparatus be fitted on, or carried in, a ship;

(b) any particular arrangement be made on, or in relation to, a ship; or

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 Chapter VI.

(2) An approval under paragraph (1) may be granted subject to such safety requirements as the Secretary of State thinks fit to ensure the overall safety of the ship.

(3) An approval given under paragraph (1) may, on the giving of reasonable notice, be continued, altered or cancelled.

(4) An approval given under paragraph (1), or a continuation, alteration or cancellation under paragraph (3), must—

(a) be in writing;

(b) specify the date on which it takes effect; and

(5) The requirement that the approval referred to in paragraph (1), or a continuation, alteration or cancellation under paragraph (3), 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

(6) Where an approval is granted subject to safety requirements under paragraph (2), the approval ceases to have effect if those requirements are not complied with.

Approvals

8

(1) The Secretary of State, or any person authorised by the Secretary of State, may grant an approval in relation to a ship for anything in Chapter VI requiring to be—

(a) approved by the Administration of the State whose flag the ship is entitled to fly; or

(b) done to the satisfaction of such Administration[^f00009].

(2) Unless approved under the Merchant Shipping (Marine Equipment) Regulations 2025, equipment required by Chapter VI and placed on board a United Kingdom ship 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) An 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

(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, continuation, alteration or cancellation is—

(a) transmitted by electronic means;

(b) received in legible form; and

PART 2 — Requirements in relation to the carriage of cargoes and oil fuels

Requirements in relation to ships: owners and masters

9

(1) An owner and master must ensure that a ship complies with—

(a) each requirement in Chapter VI[^f00011] applicable in relation to that ship, other than a requirement in—

(i) paragraphs 1 to 5 of regulation 2 (cargo information);

(ii) regulation 4 (use of pesticides in ships);

(iii) paragraphs 2 and 5 of regulation 5 of Chapter VI (stowage and securing); or

(iv) regulation 5-1 (material safety data sheets); and

(b) each requirement in Merchant Shipping Notice 1917(M)[^f00012] applicable in relation to that ship, other than the requirements in paragraphs 3.1 and 3.3, where pesticides are used on the ship.

(2) An owner and master of a ship must not accept for carriage, or take or receive on board any cargo, for which information as required by regulation 2 (cargo information) of Chapter VI has not been provided.

Requirements in relation to owners or masters

10

(1) An owner of a ship must ensure that the master is provided with the information described in regulation 6 (acceptability for shipment) of Chapter VI.

(2) A master must comply with the requirements in paragraphs 3.1 and 3.3 of Merchant Shipping Notice 1917(M).

Requirements in relation to shippers and forwarders

11

(1) Subject to paragraph (3), a shipper or forwarder must comply with each requirement of Chapter VI listed in paragraph (2) applicable to them.

(2) The requirements for a shipper are—

(a) paragraphs 1 to 5 of regulation 2 (cargo information);

(b) paragraphs 2 and 5 of regulation 5 (stowage and securing); and

(3) Where a shipper does not deliver cargo to a ship or its agent—

(a) the shipper must provide the forwarder with the information described in paragraphs 1 to 3 of regulation 2 (cargo information);

(b) the forwarder must comply with the requirements on the shipper in paragraphs 1 to 5 of regulation 2 (cargo information);

(c) the forwarder must comply with the requirements on the shipper in paragraphs 2 and 5 of the regulation 5 (stowage and securing); and

(d) the forwarder must comply with the requirements in regulation 5-1 (material safety data sheets).

Requirements in relation to terminal representatives

12

A terminal representative must comply with the provisions in paragraphs 3, 4 and 5 of regulation 7 of Chapter VI (loading etc. of solid bulk cargoes) applicable to a terminal representative.

International Grain Code: document of authorisation

13

(1) The Secretary of State or any person authorised by the Secretary of State may issue a document of authorisation in accordance with section 3 of Part A of the International Grain Code.

(2) A document of authorisation issued under paragraph (1) must—

(a) be in writing;

(b) specify the date on which it takes effect; and

PART 3 — Control and enforcement

Offences: owner and master

14

(1) If a ship proceeds or attempts to proceed to sea or on any voyage, or arrives within United Kingdom waters, in breach of any of the requirements in regulation 9 the owner and the master are each guilty of an offence in respect of each case of non-compliance.

(2) An owner who fails to ensure that the master is provided with information in accordance with regulation 10(1) is guilty of an offence.

(3) A master who fails to comply with regulation 10(2) is guilty of an offence in respect of each case of non-compliance.

Offences: shipper and forwarder

15

(1) A shipper who fails to provide information in accordance with regulation 11(1) or (3)(a) is guilty of an offence in respect of each case of non-compliance.

(2) A forwarder who fails to comply with regulation 11(1), (3)(b), (c) or (d) is guilty of an offence in respect of each case of non-compliance.

(3) A shipper or forwarder who knowingly or recklessly provides false information under regulation 11(1) or (3) is guilty of an offence.

Offence: terminal representative

16

A terminal representative who fails to comply with regulation 12 is guilty of an offence in respect of each case of non-compliance.

Penalties

17

(1) An offence under regulation 14, 15 or 16 is punishable—

(a) on summary conviction—

(i) in England and Wales by a fine; or

(ii) in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both.

(2) It is a defence for a person charged with an offence under regulation 14, 15 or 16 to prove that the person charged took all reasonable steps to avoid the commission of the offence.

Detention

18

(1) For the purposes of this regulation, any reference to “the Act” is a reference to the Merchant Shipping Act 1995.

(2) Any ship which does not comply with the requirements of these Regulations applicable to that ship may be detained.

(3) Section 284 of the Act (enforcing detention of ship)[^f00013] applies where a ship is liable to be detained under this regulation as if—

(a) references to detention of a ship under the Act were references to detention of the ship in question under this regulation; and

(b) subsection (7) were omitted.

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