The Merchant Shipping (Polar Code) (Safety) Regulations 2025

SCHEDULE

Regulation 2 PART 1 Amendments Merchant Shipping (Survey and Certification) Regulations 2015 1 The Merchant Shipping (Survey and Certification) Regulations 2015 are amended as follows. 2 In regulation 3 (interpretation)— (a) in paragraph (1)— (i) after the definition of “anniversary date”, insert— “Antarctic Area” has the meaning given to it in regulation 1 of Chapter XIV; “Arctic waters” has the meaning given to it in regulation 1 of Chapter XIV; ; (ii) after the definition of “Certifying Authority”, insert— “Chapter XIV” means Chapter XIV in the Annex to the SOLAS Convention (safety measures for ships operating in polar waters) and includes the amendments adopted by IMO Resolution MSC.532(107); ; (iii) in the definition of “Convention Certificate”, at the end, insert “and, except in regulation 23(2) (availability of certificates on board a ship registered in a country to which the SOLAS Convention applies), includes a Polar Ship Certificate”; (iv) after the definition of “HSC Code Safety Certificate for Offshore Service Craft”, insert— “IMO” means the International Maritime Organization, which is a special agency of the United Nations responsible for shipping safety and security and the prevention of pollution; ; (v) after the definition of “pleasure vessel”, insert— “Polar Code” means the International Code for Ships Operating in Polar Waters as described in regulation 1 of Chapter XIV (safety measures for ships operating in polar waters) and includes the amendments adopted by IMO Resolution MSC.538(107); “Polar Code Safety Regulations” means the Merchant Shipping (Polar Code) (Safety) Regulations 2025; “Polar Ship Certificate” means the certificate of that description, including the record of equipment, contained in Appendix 1 to the Polar Code and which confirms that a ship complies with each requirement of part 1-A of the Polar Code (safety measures) applicable to it and issued in respect of— a United Kingdom ship pursuant to regulation 13B (issue of Polar Ship Certificate); or a ship flying the flag of a State other than the United Kingdom which is a party to the SOLAS Convention, by that State; “polar waters” means Arctic waters and the Antarctic Area; ; (vi) for the definition of “SOLAS Convention”, substitute— “SOLAS Convention” means the International Convention for the Safety of Life at Sea, 1974. ; (b) after paragraph (3), insert— (4) In these Regulations, any reference to Chapter XIV, the Polar Code or the SOLAS Convention is to be construed— (a) as a reference to Chapter XIV, the Polar Code or the SOLAS Convention as modified from time to time; and (b) as, if Chapter XIV, the Polar Code or the SOLAS Convention is replaced, a reference to the replacement. (5) For the purposes of paragraph (4), Chapter XIV, the Polar Code or the SOLAS Convention is modified or replaced if the modification or replacement takes effect in accordance with Article VIII of the SOLAS Convention. (6) A modification or replacement of Chapter XIV, the Polar Code or the SOLAS Convention has effect at the time such modification or replacement comes into force in accordance with Article VIII of the SOLAS Convention. . 3 After regulation 9A (surveys of HSOSC), insert— Surveys of ships operating in polar waters 9B. (1) A United Kingdom ship which is— (a) (i) a passenger ship; or (ii) a cargo ship of 500 gross tons or more; and (b) operating, or intending to operate, in polar waters, must be subject to the surveys specified in paragraph (2), and each such survey must be carried out for the purpose of assessing compliance with each requirement of the Polar Code Safety Regulations that applies to it. (2) The surveys referred to in paragraph (1) are— (a) an initial survey, before the ship operates in polar waters for the first time; and (b) a survey at the same time as any survey required in respect of the ship under regulations 6 to 10 (surveys of passenger ships and cargo ships). (3) Subject to paragraph (4), in the case of a category C polar ship which is a cargo ship, where— (a) an assessment has been undertaken in accordance with regulation 10(2)(a)(ii) of the Polar Code Safety Regulations (operational assessment); and (b) that assessment concludes, in writing, that the ship does not require any additional equipment or structural modification for the purposes of compliance with each requirement of the Polar Code Safety Regulations applicable to it, a survey is not required for the purposes of issuing a Polar Ship Certificate in respect of that ship. (4) Where a Polar Ship Certificate has been issued in respect of a category C polar ship in accordance with paragraph (3), the ship must be subjected to an onboard survey at the next scheduled survey. (5) In this regulation— “category A polar ship” means a ship designed for operation in polar waters in at least medium first-year ice, which may include old ice inclusions; “category B polar ship” means a ship designed for operation in polar waters in at least thin first-year ice, which may include old ice inclusions; “category C polar ship” means a ship designed to operate in open waters or in ice conditions less severe than those in which a category A polar ship or a category B polar ship operates; “first-year ice” means sea ice of not more than one winter’s growth developing from young ice with thickness from 0.3 to 2.0 metres; “medium first-year ice” means first-year ice of 70 to 120 centimetres thickness; “old ice” means sea ice which has survived at least one summer’s melt; “open waters” means a large area of freely navigable water in which sea ice is present in concentrations of less than 10 per cent and no ice of land origin is present; “sea ice” means any form of ice found at sea which has originated from the freezing of sea water; and “thin first-year ice” means first-year ice of 30 to 70 centimetres thickness. . 4 After regulation 13A (issue of certificates to HSOSC), insert— Issue of Polar Ship Certificate 13B. (1) Where a Certifying Authority is satisfied that the conditions set out in paragraph (2) are met in respect of a United Kingdom ship, the Certifying Authority must— (a) issue a Polar Ship Certificate in respect of that ship; or (b) endorse the Polar Ship Certificate issued in respect of the ship under paragraph (a). (2) The conditions referred to in paragraph (1) are that— (a) a survey for the purpose of assessing the ship’s compliance with the Polar Code Safety Regulations has been satisfactorily completed; (b) the ship has been issued with the certificate or certificates applicable to it under regulation 13 (issue of certificates to United Kingdom ships engaged on international or short international voyages); and (c) the master, chief mate and all officers of the navigational watch hold a certificate of proficiency as required by regulation 16A or 16B of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 (requirements for a certificate of proficiency). . 5 In regulation 15 (duration and validity of certificates)— (a) in paragraph (1)(a), for “and a short international voyage Passenger Ship Safety Certificate” substitute “, a short international voyage Passenger Ship Safety Certificate and a Polar Ship Certificate issued in respect of a passenger ship”; (b) in paragraph (1)(b), for “or HSC Code Safety Certificate for Offshore Service Craft” substitute “, HSC Code Safety Certificate for Offshore Service Craft or Polar Ship Certificate issued in respect of a cargo ship”; (c) in paragraph (2)(a), after “Passenger Ship Safety Certificate” insert “or a Polar Ship Certificate issued in respect of a passenger ship”; (d) in paragraph (3)(a), after “Passenger Ship Safety Certificate” insert “or a Polar Ship Certificate issued in respect of a passenger ship”; (e) in paragraph (4)— (i) in the words before sub-paragraph (a)— (aa) after “periodical survey”, insert “or a survey required at the same time as any such survey under regulation 9B(2)(b)”; (bb) for “9A”, substitute “9B”. (ii) in sub-paragraph (b), after “9A” insert “or a survey required at the same time as any such survey under regulation 9B(2)(b)”; (iii) in sub-paragraph (c)— (aa) after “periodical surveys”, insert “, or a survey required at the same time as any such survey under regulation 9B(2)(b)”; (bb) for “9A”, substitute “9B”; (f) in paragraph (6)(b), for “9A” substitute “9B”; (g) after paragraph (6), insert— (7) In this regulation, “1988 Protocol” means the Protocol of 1988 to the SOLAS Convention. . 6 In regulation 16(1) (issue and duration of exemption certificates), after “13A” insert “, 13B”. 7 In regulation 17 (extension and other provisions)— (a) in paragraph (1)— (i) after “Passenger Ship Safety Certificate”, insert “, a Polar Ship Certificate issued in respect of a passenger ship”; (ii) for “9”, substitute “9B”; (b) in paragraph (2), after “9A”, insert “or a survey required at the same time as such renewal survey under regulation 9B”; (c) in paragraph (3), after “9A”, insert “or a survey required at the same time as such renewal survey under regulation 9B”. 8 In regulation 18(1) (issue and endorsement of certificates by another government), for “regulation 13”, substitute “regulations 13 and 13B”. 9 In regulation 19(2) (requests made by other SOLAS governments), for “regulation 13” substitute “regulations 13 and 13B”. 10 In regulation 22 (availability of certificates), after “23(5B)(b)” insert “, or a certificate described in regulation 23(5D)(b)”. 11 In regulation 23 (prohibition on proceeding to sea without the appropriate documentation), after paragraph (5B) insert— (5C) No United Kingdom ship which intends to operate in polar waters and to which regulation 10 of the Polar Code Safety Regulations applies (requirements for passenger ships and cargo ships of 500 gross tonnage or more), may proceed to sea unless there is in force a Polar Ship Certificate. (5D) No ship which is not a United Kingdom ship which intends to commence a voyage from a port in the United Kingdom and as part of that voyage intends to operate in polar waters, may proceed to sea from that port unless there is in force— (a) in the case of a ship registered in a country to which the SOLAS Convention applies, a Polar Ship Certificate; or (b) in the case of a ship registered in a country to which the SOLAS Convention does not apply, a certificate that demonstrates compliance with each requirement of the Polar Code referred to in regulation 10(2) of the Polar Code Safety Regulations that applies to it. . 12 In regulation 26 (penalties)— (a) in paragraph (1) (offence of proceeding to sea in breach of survey requirements), for “9A” substitute “9B”; (b) in paragraph (2) (offence related to responsibilities of owner and master etc.), for “(5B) substitute “(5D)”. Merchant Shipping (Fees) Regulations 2018 13 The Merchant Shipping (Fees) Regulations 2018 are amended as follows. 14 In Schedule 1, in the table in paragraph 5 (fees for inspections, etc.) of Part 1 (surveys, inspections and applications for exemption)— (a) in Section K (manning and certification), in the entry for the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022, in the third column, at the end, insert “2025/1234”; (b) in Section L (survey and certification)— (i) in the entry for the Merchant Shipping (Survey and Certification) Regulations 2015, in the third column, at the end, insert “2025/1234”; (ii) omit the entry for the Merchant Shipping (Polar Code) (Safety) Regulations 2021; (iii) at the end— (aa) in the first column, insert “The Merchant Shipping (Polar Code) (Safety) Regulations 2025”; (bb) in the second column, insert “2025/1234”; (cc) in the third column, insert “None”. Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 15 The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 are amended as follows. 16 In regulation 3 (interpretation)— (a) after the definition of “the Act”, insert— “Antarctic Area” has the meaning given to it in regulation 1 of Chapter XIV; ; (b) after the definition of “approved training provider”, insert— “Arctic waters” has the meaning given to it in regulation 1 of Chapter XIV; “cargo ship” means any ship which is not a passenger ship; ; (c) after the definition of “certificate of proficiency in training for tanker cargo operations”, insert— “Chapter XIV” means Chapter XIV in the Annex to SOLAS (safety measures for ships operating in polar waters) and includes the amendments adopted by IMO Resolution MSC.532(107); ; (d) after the definition of “IBC Code”, insert— “ice free waters” means waters in which no ice is present; ; (e) after the definition of “IGF Code”, insert— “IMO” means the International Maritime Organization, which is a special agency of the United Nations responsible for shipping safety and security and the prevention of pollution; ; (f) after the definition of “oil tanker”, insert— “open waters” means a large area of freely navigable water in which sea ice is present in concentrations of less than 10 per cent and no ice of land origin is present; “other waters” means waters other than ice free waters and open waters; ; (g) after the definition of “pleasure vessel”, insert— “polar waters” means Arctic waters and the Antarctic Area; ; (h) after the definition of “seagoing”, insert— “sea ice” means any form of ice found at sea which has originated from the freezing of sea water; . 17 After regulation 16 (seafarers on a ship subject to the IGF Code – advanced training), insert— Seafarers on a ship operating or intending to operate in polar waters – basic training 16A. (1) This regulation applies to the seafarers specified in paragraph (2) on board— (a) a passenger ship; or (b) a cargo ship of 500 GT or more, operating, or intending to operate, in polar waters in the ice conditions specified in that paragraph. (2) The seafarers and the ice conditions mentioned in paragraph (1) are— (a) subject to paragraph (3), where a ship operates in open waters but not in other waters— (i) the master; (ii) a chief mate; (iii) an officer in charge of a navigational watch; and (b) where a ship operates in other waters, an officer in charge of a navigational watch. (3) Paragraph (2)(a) does not apply to a cargo ship other than a tanker. (4) Subject to regulation 16C (seafarers on a ship operating or intending to operate in polar waters – replacement with other persons), a person to whom this regulation applies must hold a certificate of proficiency in basic training for service on ships operating in polar waters. (5) The Secretary of State, or an approved training provider, may issue a certificate of proficiency required by paragraph (4) only to a person who meets the criteria specified in STCW Regulation V/4, paragraph 2 (basic training for seafarers on ships operating or intending to operate in polar waters). Seafarers on a ship operating or intending to operate in polar waters – advanced training 16B. (1) This regulation applies to the master and a chief mate on board— (a) a passenger ship; or (b) a cargo ship of 500 GT or more, operating, or intending to operate, in polar waters in the ice conditions specified in paragraph (2). (2) The ice conditions mentioned in paragraph (1) are other waters. (3) Subject to regulation 16C (seafarers on a ship operating or intending to operate in polar waters – replacement with other persons), a person to whom this regulation applies must hold a certificate of proficiency in advanced training for service on ships operating in polar waters. (4) The Secretary of State, or an approved training provider, may issue a certificate of proficiency required by paragraph (3) only to a person who meets the criteria specified in STCW Regulation V/4, paragraph 4 (advanced training for seafarers on ships operating or intending to operate in polar waters). Seafarers on a ship operating or intending to operate in polar waters – replacement with other persons 16C. (1) Where each of the conditions specified in paragraph (2) is satisfied, another person may replace a master, chief mate or officer in charge of a navigational watch on a ship operating in polar waters where such master, chief mate or officer in charge of a navigational watch is not qualified in accordance with regulation 16A(4) or 16B(3) (seafarers on a ship operating or intending to operate in polar waters – basic training and advanced training), as the case may be. (2) The conditions referred to in paragraph (1) are that— (a) the person replacing a seafarer mentioned in paragraph (1) holds— (i) a certificate of competency or a certificate of equivalent competency issued in accordance with STCW Regulation II/2 (mandatory minimum requirements for certification of masters and chief mates on ships of 500 GT or more); and (ii) a certificate of proficiency issued in accordance with STCW Regulation V/4, paragraph 4 (advanced training for seafarers on ships operating or intending to operate in polar waters); (b) the ship is manned with an adequate number of seafarers trained in accordance with regulation 16A or 16B for the purpose of undertaking safe navigational, engineering and radio watches; (c) the person is provided with rest periods which comply with the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018; (d) in the case of a passenger ship or a tanker, when operating in polar waters other than open waters or bergy waters, the master, chief mate and officers of a navigational watch must each hold a certificate of proficiency in basic training for service on ships operating in polar waters; (e) in the case of a cargo ship other than a tanker, when operating in polar waters with ice concentration of more than 20 per cent, the master, chief mate and officers of a navigational watch must each hold a certificate of proficiency in basic training for service on ships operating in polar waters. (3) The deployment of a person in place of a master, chief mate or officer of a navigational watch in the circumstances described in paragraph (1) does not relieve the master, a chief mate or an officer of a navigational watch from their duties and obligations for the safety of the ship. (4) For the purposes of paragraph (2)(d), “bergy waters” means an area of freely navigable water in which ice of land origin is present in concentrations of less than 10 per cent and where, if sea ice is present, the total concentration of all ice does not exceed 10 per cent. . 18 In regulation 48(3)(h) (approval of training providers), for “Amendment 1”, substitute “Amendment 2”. 19 In regulation 61 (responsibilities of companies, masters and others), after paragraph (1)(b)— (a) omit “and”; (b) insert— (ba) the conditions specified in regulation 16C(1) (seafarers on a ship operating or intending to operate in polar waters – replacement with other persons) are complied with when a person replaces a seafarer under that regulation; and . PART 2 Revocations Table Regulations revoked | References | Extent of revocation The Merchant Shipping (Polar Code) (Safety) Regulations 2021 | S.I. 2021/1401 | The whole Regulations The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 | S.I. 2022/1342 | Paragraphs 12 to 17 in Part 1 of Schedule 1