The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025

law://uk/uksi/2025/1195@2026-11-12

Contents

Part 1 · Preliminary

1Citation, commencement and extent#

(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.

2Consequential amendments and revocation#

(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.

3General interpretation#

(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;• “code of practice” means—(a) in relation to a large vessel, Part A of the Red Ensign Group Yacht Code 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;(b) 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) 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—(a) the sale of that vessel;(b) the repair of that vessel;(c) the conduct of sea trials of that vessel; or(d) the delivery of that vessel which is only for one of the purposes described in paragraph (a), (b) or (c), andis 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;• “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—(a) 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(b) a child under one year of age;• “pleasure vessel” means—(a) any vessel which at the time it is being used is—(a) in the case of a vessel wholly owned by—(aa) an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or(bb) 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(b) 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(b) 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);• “relevant certificate” means—(a) in relation to a large vessel, the certificate which was issued following the vessel’s initial survey or last renewal survey;(b) 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;• “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—(a) construction identifiable with a specific vessel begins; and(b) 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 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.

4Application#

(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 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,

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.

5Exemptions#

(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) 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.

6Equivalents#

(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 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 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 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.

7Approvals#

(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.

(2)Unless required to be approved under the Merchant Shipping (Marine Equipment) Regulations 2016, 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.

Part 2 · Survey and certification of large vessels

8Surveys of large vessels#

(1)A large vessel must not proceed, or attempt to proceed, to sea or on any voyage unless it has been—

(a)subjected to the surveys specified in paragraph (2); and

(b)issued with—

(i)a valid certificate of compliance; and

(ii)the certificates described in Annex M of the Common Annexes to the Red Ensign Group Yacht Code applicable in relation to that vessel.

(2)The surveys referred to in paragraph (1)(a) are—

(a)the surveys specified in regulations 7 (surveys of cargo ship safety equipment), 8 (surveys of cargo ship radio installations) and 9 (surveys of cargo ship structure, machinery and equipment) of the Merchant Shipping (Survey and Certification) Regulations 2015; and

(b)in the circumstances specified in paragraph (4), an additional survey.

(3)The surveys required by paragraph (1)(a) must be conducted in accordance with the alternative arrangements for a large vessel contained in the relevant code of practice.

(4)The circumstances referred to in paragraph (2)(b) are where—

(a)a report is made in accordance with regulation 21(2) (responsibilities of owner and master); and

(b)a Certifying Authority has decided under regulation 21(3) (responsibilities of owner and master) that an additional survey is required to be carried out.

9Issue of certificate of compliance to large vessels#

(1)Subject to payment of any prescribed fee, a Certifying Authority must, on being notified by a surveyor of the matters specified in paragraph (2) in respect of a large vessel, issue a certificate of compliance in respect of that vessel.

(2)The matters referred to in paragraph (1) are that the surveyor—

(a)has carried out an initial or renewal survey as required in accordance with the cargo ship surveys specified in regulation 8(2)(a) in respect of that vessel; and

(b)is satisfied at the date of the relevant survey that the vessel complies with the requirements of the relevant code of practice that apply to it.

(3)Subject to payment of any prescribed fee, a Certifying Authority must, on being notified by a surveyor of the matters specified in paragraph (4) in respect of a large vessel, endorse a certificate of compliance in respect of that vessel.

(4)The matters referred to in paragraph (3) are that the surveyor—

(a)has carried out an annual, intermediate or periodical survey as required in accordance with the cargo ship surveys specified in regulation 8(2)(a) in respect of that vessel; and

(b)is satisfied at the date of the relevant survey that the vessel complies with the requirements of the relevant code of practice that apply to it.

10Application for review#

(1)If an applicant for a certificate of compliance is dissatisfied with the outcome of a survey carried out for those purposes, the applicant may request a review of that outcome to be carried out by the Certifying Authority.

(2)An application for a review under paragraph (1)—

(a)must—

(i)be made in writing within a period of 21 days beginning with the date on which the outcome of the survey was notified; and

(ii)state the reasons for requesting the review; and

(b)may be accompanied by such further evidence as the applicant believes supports those reasons.

(3)Before carrying out a review, the Certifying Authority—

(a)may request further evidence in support of the application;

(b)must notify the applicant and the surveyor who carried out the survey in respect of which a review has been requested; and

(c)must advise the applicant—

(i)that they may request a representative or professional adviser to give evidence on their behalf; and

(ii)that evidence may be given in writing, or in person by agreement with the Certifying Authority.

(4)Any decision made by the Certifying Authority following its review must be notified in writing to the persons mentioned in paragraph 3(b).

11Arbitration#

(1)If an applicant is dissatisfied for any reason with the outcome of a review carried out by the Certifying Authority under regulation 10 (application for review), the applicant may serve a written notice on the Certifying Authority within 21 days beginning with the date of receiving notification of the review decision—

(a)stating that there is a dispute in relation to the survey and the review decision; and

(b)requesting that the dispute be referred to a single arbitrator.

(2)Subject to paragraphs (3), (4) and (6), an arbitrator referred to in paragraph (1) must be appointed by agreement between the applicant and the Certifying Authority.

(3)Except in relation to Scotland, if the applicant and the Certifying Authority are unable to agree an arbitrator—

(a)the arbitrator is such a person as may be appointed by an independent arbitration organisation nominated for that purpose by agreement between the applicant and the Certifying Authority; and

(b)where there is no agreement under paragraphs (2) and (3)(a), the arbitrator is such a person as may be appointed by the High Court following a request made by—

(i)one party, after giving written notice to the other party; or

(ii)the parties jointly.

(4)No person is to be an arbitrator under this regulation unless that person is—

(a)a person who holds a certificate of competency as a Class 1 Deck Officer or Class 1 Marine Engineer Officer, or a certificate of competency which is equivalent to such a certificate;

(b)a naval architect;

(c)a qualified person;

(d)a person with special experience of shipping matters or of activities carried on in ports; or

(e)a member of the Chartered Institute of Arbitrators.

(5)An arbitrator appointed under this regulation has the powers of an inspector conferred by section 259 of the Merchant Shipping Act 1995 (powers of inspectors in relation to premises and ships).

(6)In the application of this regulation to Scotland—

(a)any reference to an arbitrator is to be construed as a reference to an arbiter; and

(b)the reference in paragraph (1) to a single arbitrator appointed by agreement between the applicant and the Certifying Authority is to be construed as a reference to a single arbiter so appointed, or in default of agreement, appointed by a sheriff.

(7)The rules for arbitration set out in Merchant Shipping Notice No. M.1613 apply unless alternative procedures are agreed between the applicant and the Secretary of State before the commencement of arbitration proceedings.

(8)In this regulation—• “applicant” means a person who makes an application for a certificate required by these Regulations;• “the parties” means the applicant and the Certifying Authority, and “party” is to be construed accordingly;• “qualified person” means—(a) a person who satisfies the judicial appointment eligibility condition on a seven-year basis within the meaning of section 50 of the Tribunals, Courts and Enforcement Act 2007 (period over which a person is qualified);(b) a person who is an advocate or solicitor in Scotland of at least seven years’ standing; or(c) a person who is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland of at least seven years’ standing.

Part 3 · Survey and certification of small vessels

12Surveys of small vessels#

(1)A small vessel must not proceed, or attempt to proceed, to sea or on any voyage unless it has been—

(a)subjected to the surveys specified in paragraph (2); and

(b)issued with a valid Small Sport or Pleasure Code Certificate.

(2)The surveys referred to in paragraph (1)(a) are—

(a)before the vessel is put into service, a compliance examination;

(b)subject to any extension granted under regulation 15 (extension of certificates), before the end of every period of five years beginning with the day of the satisfactory completion of the vessel’s compliance examination, a renewal examination;

(c)within the period of—

(i)three months ending with the vessel’s anniversary date; or

(ii)three months beginning with the day after the vessel’s anniversary date,

(d)within the period of—

(i)three months ending with the vessel’s second anniversary date or third anniversary date; or

(ii)three months beginning with the day after the vessel’s second anniversary date or third anniversary date,

(e)in the circumstances specified in paragraph (3), an emergency examination.

other than where an intermediate survey is required to be carried out within that period, an annual examination;an intermediate examination;

(3)The circumstances referred to in paragraph (2)(e) are where—

(a)a report is made in accordance with regulation 21(2) (responsibilities of owner and master); and

(b)a Certifying Authority has decided that an emergency examination under regulation 21(3) (responsibilities of owner and master) is required to be carried out.

(4)In this regulation—• “anniversary date” means the day and the month of each year which corresponds to the date of expiry of the relevant certificate;• “emergency examination” means the survey of that description specified in section 4.8 of the Code;• “annual examination” means the survey of that description specified in section 4.5 of the Code;• “compliance examination” means the survey of that description specified in section 4.4 of the Code;• “intermediate examination” means the survey of that description specified in section 4.6 of the Code;• “renewal examination” means the survey of that description specified in section 4.7 of the Code;• “the Code” means the code of practice in relation to a small vessel.

13Issue of Small Sport or Pleasure Code Certificate to small vessels#

(1)Subject to payment of any prescribed fee, a Certifying Authority must, on being notified by a surveyor of the matters specified in paragraph (2) in respect of a small vessel, issue a Small Sport or Pleasure Code Certificate in respect of that vessel.

(2)The matters referred to in paragraph (1) are that the surveyor—

(a)has carried out a survey specified in regulation 12(2)(a) or (b) (compliance and renewal examinations of small vessels) in respect of that vessel; and

(b)is satisfied at the date of the relevant survey that the requirements of the relevant code of practice which apply to that vessel have been met.

(3)Subject to payment of any prescribed fee, a Certifying Authority must, on being notified by a surveyor of the matters specified in paragraph (4) in respect of a small vessel, endorse a Small Sport or Pleasure Code Certificate in respect of that vessel.

(4)The matters referred to in paragraph (3) are that the surveyor—

(a)has carried out the survey specified in—

(i)regulation 12(2)(c) (annual examination of small vessels) in respect of the vessel;

(ii)regulation 12(2)(d) (intermediate examination of small vessels) in respect of the vessel; or

(iii)regulation 12(2)(e) (emergency examination of small vessels) in respect of the vessel; and

(b)is satisfied at the date of the relevant survey that the requirements of the relevant code of practice which apply to that vessel have been met.

(5)In this regulation, a surveyor includes any person who carries out an annual examination of a small vessel and where such an examination is carried out by a person other than a surveyor, a reference in this regulation to the surveyor must be construed as including a reference to that person.

Part 4 · Survey and certification of large and small vessels

14Duration of certificates#

(1)Subject to regulations 16 (validity of certificates), 17 (cancellation of certificates) and 22 (deficient vessels)—

(a)subject to paragraphs (2) and (3), a certificate of compliance issued in respect of a large vessel; or

(b)a Small Sport or Pleasure Code Certificate issued in respect of a small vessel,

is valid for such period as is specified in the certificate, not exceeding five years, beginning with the date of the satisfactory completion of the initial or renewal survey of a large vessel or the initial or renewal examination of a small vessel.

(2)Where a renewal survey of a large vessel is completed after the date of expiry of a certificate of compliance, the new certificate may be issued for a period of validity beginning with the date of the satisfactory completion of the renewal survey to the end of a period not exceeding five years beginning with the day following the date of expiry of the existing certificate.

(3)When a renewal survey of a large vessel is completed more than three months before the date of expiry of a certificate of compliance, the new certificate may be issued for a period of validity beginning with the date of the satisfactory completion of the renewal survey and not exceeding five years.

15Extension of certificates#

(1)A Certifying Authority that has issued a certificate in respect of a large or small vessel may extend the period of validity of that certificate for a period not exceeding three calendar months provided the conditions in paragraph (2) are met.

(2)The conditions are that—

(a)the Certifying Authority has been notified by a surveyor that—

(i)in relation to a large vessel, a renewal survey has been carried out under regulation 8(2)(a) (renewal surveys of large vessels); or

(ii)in relation to a small vessel, a renewal examination has been carried out under regulation 12(2)(b) (renewal surveys of small vessels); and

(b)the Certifying Authority has notified the surveyor that the Certifying Authority is unable to issue a new certificate in respect of the vessel prior to the expiry of the existing certificate,

and in such a case the surveyor may endorse the existing certificate in accordance with the notification given by the Certifying Authority.

16Validity of certificates#

(1)A certificate issued or endorsed in respect of a vessel ceases to be valid if—

(a)the vessel is sold or there is a change of owner;

(b)a survey is not completed within the period specified for it in regulation 8 (large vessels) or regulation 12 (small vessels);

(c)a material change has been made to the vessel or its equipment without the written approval of the Certifying Authority that issued the certificate;

(d)that certificate is replaced by a new certificate;

(e)that certificate has expired;

(f)the vessel suffers an incident of a type referred to in regulation 21(4) which is not reported as required under regulation 21 (responsibilities of owner and master); or

(g)the vessel, its equipment or machinery has sustained damage or a defect is discovered since the completion of any survey required under these Regulations and the damage or deficiency is a material change.

(2)For the purposes of paragraph (1)(c) and (g), a change is material if it affects, or is likely to affect—

(a)the safety of that vessel;

(b)the health and safety of any persons on that vessel; or

(c)compliance with the requirements of the relevant code of practice that applies to that vessel.

17Cancellation of certificates#

(1)A certificate may be cancelled by the Certifying Authority if there is reason to believe that the certificate was issued on false or erroneous information.

(2)The Certifying Authority may direct that a cancelled certificate is surrendered unless that certificate has expired.

(3)Any direction under paragraph (2) may require that the certificate must be surrendered within such time and in such manner as the Certifying Authority sees fit.

18Prohibited acts in relation to certificates#

A person must not—

(a)intentionally alter a certificate;

(b)intentionally make a false certificate;

(c)in connection with any survey required by these Regulations, knowingly or recklessly furnish false information;

(d)with intent to deceive, use or lend a certificate or permit a certificate to be used by another person; or

(e)fail to surrender a certificate required to be surrendered under regulation 17(3) (cancellation of certificates).

Part 5 · Requirements for large and small vessels

19Requirements for large vessels#

(1)A large vessel must comply with each requirement in the relevant code of practice applicable to it.

(2)Where—

(a)a large vessel has been issued with a certificate of compliance, and that certificate is still valid; or

(b)a large vessel is used as an intended pleasure vessel,

the Regulations listed in the first column of the table in Schedule 3 do not apply to the extent specified in the third column of that table.

20Requirements for small vessels#

(1)A small vessel must comply with each requirement in the relevant code of practice applicable to it.

(2)Where—

(a)a small vessel has been issued with a Small Sport or Pleasure Code Certificate, and that certificate is still valid; or

(b)a small vessel is used as an intended pleasure vessel,

the Regulations listed in the first column of the table in Schedule 4 do not apply to the extent specified in the third column of that table.

21Responsibilities of owner and master#

(1)The owner and master of any vessel that has been certified in accordance with regulation 9 (issue of certificate of compliance in relation to large vessels) or 13 (issue of small sport or pleasure code certificate to small vessels) must ensure that—

(a)the vessel and its equipment is maintained so as to ensure that the vessel in all respects remains fit to proceed to sea without danger to that vessel or persons on board;

(b)after any survey of the vessel required by these Regulations has been carried out, no change is made in the structural arrangements, machinery, equipment and other items covered by the survey, without the approval of the Certifying Authority, except by direct replacement.

(2)Where an owner or master of a vessel issued with a certificate under these Regulations becomes aware that the vessel for which that certificate has been issued has been involved in an incident described in paragraph (4), the owner or the master must report the incident as soon as practicable to the Certifying Authority which issued the certificate.

(3)Where a report has been made under paragraph (2) a Certifying Authority must—

(a)as soon as practicable, decide whether the vessel should be subjected to—

(i)in relation to a large vessel, an additional survey under regulation 8(2)(b); or

(ii)in relation to a small vessel, an emergency examination under regulation 12(2)(e); and

(b)notify the owner and the master of its decision.

(4)In this regulation “incident” includes—

(a)any collision;

(b)any grounding except where this occurs as a part of the vessel’s intended operation;

(c)any fire;

(d)any event or sequences of events other than those listed in sub-paragraphs (a) to (c) which has occurred directly in connection with the operation of a vessel that endangered, or if not corrected would endanger, the safety of a vessel, its occupants or any other person or the environment involving—

(i)the hull;

(ii)the keel or keel attachments;

(iii)the rudder;

(iv)any other fitting that is below the waterline;

(v)the propulsion system, including the rig;

(vi)any steerage equipment;

(vii)any machinery; or

(viii)the failure of any other part which makes it unsafe to operate the vessel or compromises the safety of—

(aa)persons on board;

(bb)other vessels; or

(cc)the marine environment.

22Deficient vessels#

(1)This regulation applies to a large or small vessel where a surveyor determines that—

(a)the condition of the vessel or its equipment does not correspond substantially with the particulars of the certificate issued in respect of the vessel;

(b)the condition of a vessel is such that it is not fit to undertake a voyage without danger to the vessel or to any person on board; or

(c)the vessel is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment.

(2)In the circumstances described in paragraph (1) the surveyor must—

(a)immediately inform the owner and master of the corrective action which, in the opinion of the surveyor, is required;

(b)specify the period within which such corrective action should be taken; and

(c)where the vessel has a valid certificate, notify the Certifying Authority which issued the certificate in respect of that vessel that the owner or master has been so advised.

(3)The owner or master must notify the surveyor and the Certifying Authority once corrective action required under paragraph (2)(a) has been completed.

(4)If the surveyor approves the corrective action undertaken for the purposes of paragraph (2)(a), the surveyor must provide confirmation of such approval to—

(a)the owner or master of the vessel, and

(b)the Certifying Authority.

(5)If corrective action is not completed within such reasonable period as the surveyor may specify, the Certifying Authority may suspend the relevant certificate.

(6)A certificate suspended by a Certifying Authority may be—

(a)reinstated if the Certifying Authority is notified by a surveyor of the vessel that corrective action has been taken, or

(b)cancelled by the Certifying Authority if a notification is not received from a surveyor of the vessel within a period of 3 months following the date of the suspension that corrective action has been taken.

(7)The period provided for in paragraph (6)(b) may be extended by the Certifying Authority if the Certifying Authority believes that the owner or master of the vessel is taking reasonable steps to bring the vessel into compliance.

(8)The Secretary of State may give written notice to a Certifying Authority requiring the suspension or cancellation of a certificate it has issued if the Secretary of State has reasonable grounds to believe that the vessel to which the certificate relates does not satisfy the requirements of these Regulations or the relevant code of practice.

(9)The Certifying Authority must give notice in writing of a suspension, an extension of any suspension, a cancellation or a reinstatement of a certificate to—

(a)the owner or master of the vessel;

(b)the surveyor of that vessel;

(c)the Secretary of State where the Certifying Authority is not the Secretary of State.

(10)Where the owner of the vessel has been notified of the suspension, reinstatement or cancellation of a certificate under paragraph (5) or (6), that owner must, as soon as reasonably practicable—

(a)give notice in writing to the master of the vessel in question of the suspension, reinstatement or cancellation; and

(b)where the vessel is in a port outside the United Kingdom, give notice in writing of such suspension, reinstatement or cancellation to the appropriate maritime authorities of the country in which the port is situated.

Part 6 · Enforcement

23Offences#

(1)If a vessel 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 or under these Regulations applicable to or in relation to that vessel the owner and the master are each guilty of an offence in respect of each case of non-compliance.

(2)Any contravention of regulation 18 (prohibited acts in relation to certificates) is an offence by the person in question.

(3)Any offence under paragraph (1) or (2) is punishable—

(a)on summary conviction—

(i)in England and Wales by a fine;

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

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

(4)It is a defence for a person charged with an offence under this regulation to prove that the person charged took all reasonable steps to avoid the commission of the offence.

24Detention of vessels#

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

(2)Where a person with power to detain a vessel has clear grounds for believing that there is a contravention of any of the requirements of these Regulations in relation to that vessel, the vessel may be detained in the United Kingdom.

(3)Section 284 of the Act (enforcing detention of ship) applies where a vessel 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 vessel in question under this regulation; and

(b)subsection (7) were omitted.

(4)Where a vessel is liable to be detained under this regulation, the person detaining the vessel must serve on the master a detention notice which—

(a)states the grounds for the detention; and

(b)requires the terms of the notice to be complied with until the vessel is released by any person mentioned in section 284(1) of the Act.

(5)Subject to paragraph (6), section 96 (references of detention notices to arbitration) and section 97 (compensation in connection with invalid detention of a ship) of the Act apply in relation to a detention notice issued pursuant to this regulation as they apply in relation to detention notices issued pursuant to section 95 (power to detain dangerously unsafe ship).

(6)For the purposes of paragraph (5)—

(a)section 96 of the Act applies as if—

(i)subsection (3) were omitted;

(ii)the words “as a dangerously unsafe ship” in subsection (5) were omitted;

(iii)subsection (11) were omitted; and

(b)sections 96 and 97 of the Act apply as if “the relevant inspector” means a person issuing the detention notice pursuant to this regulation.

(7)Subject to paragraph (8), where a non-United Kingdom vessel is detained, the Secretary of State must immediately inform the vessel’s flag administration in writing.

(8)If it is not possible to inform the vessel’s flag administration in accordance with paragraph (7), the Secretary of State must inform the Consul of the State of the flag administration, or in the absence of a Consul, the nearest diplomatic representative of the State of the flag administration.

(9)For the purposes of paragraphs (7) and (8), “flag administration” in relation to a vessel means the administration of the State whose flag the vessel is entitled to fly.

Schedule 1 · Amendments

(1)The Merchant Shipping (Registration of Ships) Regulations 1993 are amended as follows.

(2)In regulation 1(2), for the definition of “pleasure vessel” substitute—“• “pleasure vessel” means a pleasure vessel as defined in regulation 3(1) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025;”

(3)The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 are amended as follows.

(4)In regulation 2(2), in the definition of “sea-going”, for sub-paragraph (a)(iii) substitute—“iii a ship which is a large vessel within the meaning of regulation 3(1) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 in respect of which a certificate of compliance has been issued in accordance with regulation 9 of those Regulations; or”

(5)The Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010 are amended as follows.

(6)In regulation 2, in the definition of “sea-going”, for paragraph (c) substitute—“c a ship which is a large vessel within the meaning of regulation 3(1) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 in respect of which a certificate of compliance has been issued in accordance with regulation 9 of those Regulations, or”

(7)The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 are amended as follows.

(8)In regulation 2(1), in the definition of “sea-going”, for paragraph (c) substitute—“c a ship which is a large vessel within the meaning of regulation 3(1) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 in respect of which a certificate of compliance has been issued in accordance with regulation 9 of those Regulations; or”

(9)Omit regulation 3(1).

(10)The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc) Regulations 2014 are amended as follows.

(11)In regulation 2(1), in the definition of “sea-going”, for paragraph (c) substitute—“c a ship which is a large vessel within the meaning of regulation 3(1) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 in respect of which a certificate of compliance has been issued in accordance with regulation 9 of those Regulations; or”

(12)The Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014 are amended as follows.

(13)In regulation 2(1), in the definition of “sea-going”, for paragraph (c) substitute—“c a ship which is a large vessel within the meaning of regulation 3(1) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 in respect of which a certificate of compliance has been issued in accordance with regulation 9 of those Regulations; or”

(14)The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 are amended as follows.

(15)In regulation 2(1), in the definition of “sea-going”, for paragraph (c) substitute—“c a ship which is a large vessel within the meaning of regulation 3(1) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 in respect of which a certificate of compliance has been issued in accordance with regulation 9 of those Regulations; or”

(16)The Merchant Shipping (Fees) Regulations 2018 are amended as follows.

(17)In Schedule 1 (fees under the Merchant Shipping Act 1995), in the table in paragraph 5 (fees for inspections, etc) of Part 1 (surveys, inspections and applications for exemption)—

(a)in Section A (crew), in the entry for the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997, in the third column, after “2016/1026” insert—“• 2018/1109• 2018/1202• 2022/1219• 2025/1195”

(b)in Section B (crew accommodation), in the entry for the Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014, in the third column, after “2018/667” insert—“• 2020/1166• 2022/1219• 2025/1195”

(c)in Section E (fire and life-saving)—

(i)in the entry for the Merchant Shipping (Life-Saving Appliances and Arrangements) Regulations 2020, in the third column, after “2023/787” insert “2025/1195”;

(ii)in the entry for the Merchant Shipping (Fire Protection) Regulations 2023, in the third column, for “None” substitute “2025/1195”;

(d)in Section H (radio and navigational equipment), in the entry for the Merchant Shipping (Safety of Navigation) Regulations 2020, in the third column, after “2025/134” insert “2025/1195”.

(e)in Section I (construction and equipment)—

(i)omit the entry for the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998;

(ii)in the entry for the Merchant Shipping (High Speed Craft) Regulations 2022, in the third column, for “None” substitute—“• 2023/1216• 2025/1195”

(iii)in the entry for the Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023, in the third column, for “None” substitute “2025/1195”;

(iv)at the end—

(aa)in the first column, insert “The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025”;

(bb)in the second column, insert “2025/1195”;

(cc)in the third column, insert “None”.

(f)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, for “None” substitute “2025/1195”.

(g)in Section L (survey and certification), in the entry for Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013, in the third column, for “2018/667” substitute—“• 2018/242• 2018/667• 2019/716• 2022/1219• 2022/1342• 2025/1195”

(h)in Section Q (registration), in the entry for the Merchant Shipping (Registration of Ships) Regulations 1993, in the third column, after “2017/879” insert—“• 2018/1221• 2018/1299• 2019/509• 2019/746• 2022/203• 2022/241• 2022/748• 2025/1195”

(18)The Merchant Shipping (High Speed Craft) Regulations 2022 are amended as follows.

(19)In regulation 4(2), in sub-paragraph (h), for “a Code of Practice referred to in regulations 4 or 5 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998” substitute “regulations 9 or 13 of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025”.

(20)The Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 are amended as follows.

(21)In regulation 54(2), for sub-paragraph (e) substitute—“e vessels—i which are small vessels as defined in regulation 3(1) of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025; andii to which those Regulations apply.”

(22)The Merchant Shipping (Watercraft) Order 2023 is amended as follows.

(23)In Schedule 2, after paragraph 2, insert—“3 1 The following provisions of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 apply in relation to watercraft as they apply in relation to ships.2 Regulation 3 (general interpretation), for the purposes of interpreting an applied shipping provision mentioned in this paragraph.3 Regulation 5 (exemptions) as if in paragraph (2) the reference to a vessel was a reference to watercraft.4 Regulation 6 (equivalents) as if in paragraph (3) the reference to a small vessel was a reference to a watercraft.5 Regulation 7 (approvals) as if the reference to a United Kingdom ship was a reference to a watercraft in United Kingdom waters.6 Regulation 20 (requirements for small vessels) as if in paragraph (1) the reference to a small vessel was a reference to a watercraft.7 Regulation 23 (offences), as if in paragraph (1)—a the reference to a vessel was a reference to a watercraft; andb the reference to the owner and master was a reference to the owner and operator of the watercraft.8 Regulation 24 (detention of vessels), as if—a a reference to a vessel was a reference to a watercraft; andb a reference to the master was a reference to the owner or operator of the watercraft.”

1Citation, commencement and extent#

2Consequential amendments and revocation#

3General interpretation#

4Application#

5Exemptions#

6Equivalents#

7Approvals#

8Surveys of large vessels#

9Issue of certificate of compliance to large vessels#

10Application for review#

11Arbitration#

12Surveys of small vessels#

13Issue of Small Sport or Pleasure Code Certificate to small vessels#

14Duration of certificates#

15Extension of certificates#

16Validity of certificates#

17Cancellation of certificates#

18Prohibited acts in relation to certificates#

19Requirements for large vessels#

20Requirements for small vessels#

21Responsibilities of owner and master#

22Deficient vessels#

23Offences#

24Detention of vessels#

Connections

Defined terms · 33

History · 1 version

Key facts

1Citation, commencement and extent#

2Consequential amendments and revocation#

3General interpretation#

4Application#

5Exemptions#

6Equivalents#

7Approvals#

8Surveys of large vessels#

9Issue of certificate of compliance to large vessels#

10Application for review#

11Arbitration#

12Surveys of small vessels#

13Issue of Small Sport or Pleasure Code Certificate to small vessels#

14Duration of certificates#

15Extension of certificates#

16Validity of certificates#

17Cancellation of certificates#

18Prohibited acts in relation to certificates#

19Requirements for large vessels#

20Requirements for small vessels#

21Responsibilities of owner and master#

22Deficient vessels#

23Offences#

24Detention of vessels#