The Merchant Shipping (Safety Measures for Ships Carrying Industrial Personnel and Special Personnel) Regulations 2025
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10 Requirements for cargo ships and high speed cargo craft constructed before 1st July 2024
(1) This regulation applies to cargo ships and high speed cargo craft constructed before 1st July 2024. (2) Subject to paragraph (3), an owner and master of a cargo ship must comply with each requirement of— (a) Part III of the IP Code (training and safe transfer requirements); and (b) Part IV of the IP Code (additional regulations for cargo ships), that applies to that ship. (3) Where, before 1st July 2024, a cargo ship was authorised to carry an aggregate of more than 12 persons consisting of industrial personnel, special personnel and passengers, where at least one person is industrial personnel, and that ship was provided with a document confirming compliance with the IMO Interim Recommendations by the relevant authorising body, the owner and master of such ship may, instead of the applicable requirements set out in paragraph (2), comply with each requirement that applies to that ship in— (a) Chapters 2 to 9 of the SPS Code 2008; and (b) subject to paragraph (4)— (i) regulations 1 and 2 of Part III of the IP Code (training and safe transfer requirements), except for paragraph 2.1.7 in regulation 2 (lighting requirements); and (ii) regulations 7 and 8 of Part IV of the IP Code (additional regulations for cargo ships relating to life-saving appliances and arrangements and dangerous goods). (4) Where a cargo ship to which paragraph (3) applies has not been subjected to its first intermediate survey or renewal survey during the period beginning with 1st July 2024 and ending immediately before the day on which these Regulations come into force, that ship need not comply with the requirements of paragraph (3)(b) until immediately before the date of such intermediate survey or renewal survey, whichever occurs first. (5) Subject to paragraph (6), an owner and master of a high speed cargo craft must comply with each requirement of— (a) Part III of the IP Code; and (b) Part V of the IP Code (additional regulations for high speed cargo craft), that applies to that high speed cargo craft. (6) Where, before 1st July 2024— (a) a high speed cargo craft was authorised to carry an aggregate of more than 12 persons consisting of industrial personnel, special personnel and passengers, where at least one person is industrial personnel; and (b) that craft was provided with a document by the relevant authorising body— (i) confirming compliance with the IMO Interim Recommendations; and (ii) specifying the standard, in accordance with the IMO Interim Recommendations, which the craft must meet, the owner and master of such high speed cargo craft may, instead of the applicable requirements set out in paragraph (5), comply with each requirement that applies to that craft set out in paragraph (7). (7) The alternative requirements referred to in paragraph (6) are— (a) the requirements of the standard specified in the document mentioned in paragraph (6)(b) where that standard meets an equivalent level of safety to the requirements of the SPS Code 2008; and (b) subject to paragraph (8)— (i) regulations 1 and 2 of Part III of the IP Code, except for paragraph 2.1.7 in regulation 2; and (ii) regulations 7 and 8 of Part V of the IP Code (additional regulations for high speed cargo craft relating to life-saving appliances and arrangements and dangerous goods). (8) Where a high speed cargo craft to which paragraph (6) applies has not been subjected to its third periodical survey or first renewal survey during the period beginning with 1st July 2024 and ending immediately before the day on which these Regulations come into force, that craft need not comply with the requirements of paragraph (7)(b) until immediately before the date of such periodical survey or renewal survey, whichever occurs first. (9) For the purposes of this regulation— “authorised” means— in the case of a United Kingdom ship, authorised by the Secretary of State; in the case of a non-United Kingdom ship— operating exclusively in and out of a port in the United Kingdom; and which is not engaged on international voyages, authorised by the Secretary of State; or in the case of a non-United Kingdom ship engaged on international voyages, authorised by that ship’s flag administration; “IMO Interim Recommendations” means the recommendations contained in IMO Resolution MSC.418(97); “intermediate survey” means— in the case of a United Kingdom ship, the survey required by regulation 9(1)(c) of the Merchant Shipping (Survey and Certification) Regulations 2015 (surveys of cargo ship structure, machinery and equipment: intermediate survey); in the case of a non-United Kingdom ship flying the flag of a State which is a party to the Convention, the survey required by regulation 10(a)(iii) in Chapter I (intermediate survey); and in the case of a non-United Kingdom ship flying the flag of a State which is not a party to the Convention, a survey which comprises the same matters as the survey specified in sub-paragraph (b); “periodical survey” means— in the case of a United Kingdom high speed cargo craft and a non-United Kingdom high speed cargo craft flying the flag of a State which is a party to the Convention, the survey required by paragraph 1.5.1.3 of the High-Speed Craft Code, 2000 and described in paragraph 1.5.2.2 of that Code; and in the case of a non-United Kingdom high speed cargo craft flying the flag of a State which is not a party to the Convention, a survey which comprises the same matters as the survey specified in sub-paragraph (a); “relevant authorising body” means— with respect to a ship referred to in paragraph (a) or (b) in the definition of “authorised”, the Secretary of State; and with respect to a ship referred to in paragraph (c) in the definition of “authorised”, the ship’s flag administration; “renewal survey” means— with respect to a cargo ship— in the case of a United Kingdom cargo ship, the survey required by regulation 7(b), 8(b) or 9(1)(b) of the Merchant Shipping (Survey and Certification) Regulations 2015 (requirements for cargo ship surveys); in the case of a non-United Kingdom cargo ship flying the flag of a State which is a party to the Convention, the survey required by regulation 8(a)(ii), 9(a)(ii) or 10(a)(ii) in Chapter I (renewal survey); and in the case of a non-United Kingdom cargo ship flying the flag of a ship which is not a party to the Convention, a survey which comprises the same matters as the survey specified in paragraph (ii); and with respect to a high speed cargo craft— in the case of a United Kingdom high speed cargo craft and a non-United Kingdom high speed cargo craft flying the flag of a State which is a party to the Convention, the survey required by paragraph 1.5.1.2 of the High-Speed Craft Code, 2000 and described in paragraph 1.5.2.2 of that Code; and in the case of a non-United Kingdom high speed cargo craft flying the flag of a State which is not a party to the Convention, a survey which comprises the same matters as the survey specified in paragraph (i).
10 Requirements for cargo ships and high speed cargo craft constructed before 1st July 2024
(1) This regulation applies to cargo ships and high speed cargo craft constructed before 1st July 2024. (2) Subject to paragraph (3), an owner and master of a cargo ship must comply with each requirement of— (a) Part III of the IP Code (training and safe transfer requirements); and (b) Part IV of the IP Code (additional regulations for cargo ships), that applies to that ship. (3) Where, before 1st July 2024, a cargo ship was authorised to carry an aggregate of more than 12 persons consisting of industrial personnel, special personnel and passengers, where at least one person is industrial personnel, and that ship was provided with a document confirming compliance with the IMO Interim Recommendations by the relevant authorising body, the owner and master of such ship may, instead of the applicable requirements set out in paragraph (2), comply with each requirement that applies to that ship in— (a) Chapters 2 to 9 of the SPS Code 2008; and (b) subject to paragraph (4)— (i) regulations 1 and 2 of Part III of the IP Code (training and safe transfer requirements), except for paragraph 2.1.7 in regulation 2 (lighting requirements); and (ii) regulations 7 and 8 of Part IV of the IP Code (additional regulations for cargo ships relating to life-saving appliances and arrangements and dangerous goods). (4) Where a cargo ship to which paragraph (3) applies has not been subjected to its first intermediate survey or renewal survey during the period beginning with 1st July 2024 and ending immediately before the day on which these Regulations come into force, that ship need not comply with the requirements of paragraph (3)(b) until immediately before the date of such intermediate survey or renewal survey, whichever occurs first. (5) Subject to paragraph (6), an owner and master of a high speed cargo craft must comply with each requirement of— (a) Part III of the IP Code; and (b) Part V of the IP Code (additional regulations for high speed cargo craft), that applies to that high speed cargo craft. (6) Where, before 1st July 2024— (a) a high speed cargo craft was authorised to carry an aggregate of more than 12 persons consisting of industrial personnel, special personnel and passengers, where at least one person is industrial personnel; and (b) that craft was provided with a document by the relevant authorising body— (i) confirming compliance with the IMO Interim Recommendations; and (ii) specifying the standard, in accordance with the IMO Interim Recommendations, which the craft must meet, the owner and master of such high speed cargo craft may, instead of the applicable requirements set out in paragraph (5), comply with each requirement that applies to that craft set out in paragraph (7). (7) The alternative requirements referred to in paragraph (6) are— (a) the requirements of the standard specified in the document mentioned in paragraph (6)(b) where that standard meets an equivalent level of safety to the requirements of the SPS Code 2008; and (b) subject to paragraph (8)— (i) regulations 1 and 2 of Part III of the IP Code, except for paragraph 2.1.7 in regulation 2; and (ii) regulations 7 and 8 of Part V of the IP Code (additional regulations for high speed cargo craft relating to life-saving appliances and arrangements and dangerous goods). (8) Where a high speed cargo craft to which paragraph (6) applies has not been subjected to its third periodical survey or first renewal survey during the period beginning with 1st July 2024 and ending immediately before the day on which these Regulations come into force, that craft need not comply with the requirements of paragraph (7)(b) until immediately before the date of such periodical survey or renewal survey, whichever occurs first. (9) For the purposes of this regulation— “authorised” means— in the case of a United Kingdom ship, authorised by the Secretary of State; in the case of a non-United Kingdom ship— operating exclusively in and out of a port in the United Kingdom; and which is not engaged on international voyages, authorised by the Secretary of State; or in the case of a non-United Kingdom ship engaged on international voyages, authorised by that ship’s flag administration; “IMO Interim Recommendations” means the recommendations contained in IMO Resolution MSC.418(97); “intermediate survey” means— in the case of a United Kingdom ship, the survey required by regulation 9(1)(c) of the Merchant Shipping (Survey and Certification) Regulations 2015 (surveys of cargo ship structure, machinery and equipment: intermediate survey); in the case of a non-United Kingdom ship flying the flag of a State which is a party to the Convention, the survey required by regulation 10(a)(iii) in Chapter I (intermediate survey); and in the case of a non-United Kingdom ship flying the flag of a State which is not a party to the Convention, a survey which comprises the same matters as the survey specified in sub-paragraph (b); “periodical survey” means— in the case of a United Kingdom high speed cargo craft and a non-United Kingdom high speed cargo craft flying the flag of a State which is a party to the Convention, the survey required by paragraph 1.5.1.3 of the High-Speed Craft Code, 2000 and described in paragraph 1.5.2.2 of that Code; and in the case of a non-United Kingdom high speed cargo craft flying the flag of a State which is not a party to the Convention, a survey which comprises the same matters as the survey specified in sub-paragraph (a); “relevant authorising body” means— with respect to a ship referred to in paragraph (a) or (b) in the definition of “authorised”, the Secretary of State; and with respect to a ship referred to in paragraph (c) in the definition of “authorised”, the ship’s flag administration; “renewal survey” means— with respect to a cargo ship— in the case of a United Kingdom cargo ship, the survey required by regulation 7(b), 8(b) or 9(1)(b) of the Merchant Shipping (Survey and Certification) Regulations 2015 (requirements for cargo ship surveys); in the case of a non-United Kingdom cargo ship flying the flag of a State which is a party to the Convention, the survey required by regulation 8(a)(ii), 9(a)(ii) or 10(a)(ii) in Chapter I (renewal survey); and in the case of a non-United Kingdom cargo ship flying the flag of a ship which is not a party to the Convention, a survey which comprises the same matters as the survey specified in paragraph (ii); and with respect to a high speed cargo craft— in the case of a United Kingdom high speed cargo craft and a non-United Kingdom high speed cargo craft flying the flag of a State which is a party to the Convention, the survey required by paragraph 1.5.1.2 of the High-Speed Craft Code, 2000 and described in paragraph 1.5.2.2 of that Code; and in the case of a non-United Kingdom high speed cargo craft flying the flag of a State which is not a party to the Convention, a survey which comprises the same matters as the survey specified in paragraph (i).
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