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

The Secretary of State is satisfied, for the purposes of section 47(2) of the Merchant Shipping Act 19951, that it is necessary or expedient, in the interests of safety, to make Regulations in so far as they require ships to carry qualified seamen.

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 47(1), (3), (4), (4A) and (4B), 85(1), (3) and (5) to (7), 86(1)(a) to (d), 128(5), 302(1), 306A and 307(1) of the Merchant Shipping Act 19952, article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 19963, and article 2 of the Merchant Shipping (Control of Pollution) (SOLAS) Order 19984, and with the consent of the Treasury.

The Secretary of State has consulted such persons in the United Kingdom as the Secretary of State considers will be affected by the exercise of powers in this instrument in accordance with sections 86(4) and 306(4) of the Merchant Shipping Act 1995.

PART 1

Preliminary

Citation, commencement and extent 1.

(1)

These Regulations may be cited as the Merchant Shipping (Polar Code) (Safety) Regulations 2025 and come into force on 1st January 2026.

(2)

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

Amendments and revocations 2.

(1)

The amendments listed in Part 1 of the Schedule have effect.

(2)

The Regulations listed in the first column of the Table in Part 2 of the Schedule are revoked to the extent specified in the third column of that Table.

Interpretation 3.

(1)

In these Regulations—

“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;

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

“Chapter XIV” means Chapter XIV in the Annex to the Convention (safety measures for ships operating in polar waters) and includes the amendments adopted by IMO Resolution MSC.532(107)5;

“Company” means, in relation to a ship, the operator of the ship, who is either—

(a) the owner; or

(b) any person who has assumed responsibility for the operation of the ship from the owner;

“Convention” means the International Convention for the Safety of Life at Sea, 19746;

“Convention country” means a country or territory which is either—

(a) a country the Government of which is party to the Convention; or

(b) a territory to which the Convention extends, whether or not it is subject to the amendments to, or reservations in respect of, the Convention;

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

“gross tonnage” means gross tonnage determined in accordance with regulation 6 or 12(1) of the Merchant Shipping (Tonnage) Regulations 19977;

“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;

“length overall” means the distance between the foreside of the foremost fixed permanent structure and the after side of the aftermost fixed permanent structure;

“master” includes the skipper of a fishing vessel;

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

“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;

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

“pleasure vessel” means—

(a) any vessel which at the time it is being used is—

(i) 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

(ii) 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;

“Polar Code” means the International Code for Ships Operating in Polar Waters and includes the amendments adopted by IMO Resolution MSC.538(107)8;

“Polar Water Operational Manual” means a manual containing information regarding a ship’s operational capabilities and limitations, and procedures to be followed, in polar waters, in accordance with chapter 2 of part 1-A of the Polar Code;

“polar waters”9 means Arctic waters and the Antarctic Area;

“skipper” means the person having command of a fishing vessel;

“United Kingdom ship” has the meaning given to it in section 85(2) of the Merchant Shipping Act 1995.

(2)

Any reference in these Regulations to a communication to be given “in writing” includes the provision of such communication by electronic mail, facsimile or other means, which is capable of producing a document containing the text of any communication and in a form sufficiently permanent to be used for subsequent reference.

Application 4.

(1)

Subject to paragraph (2), these Regulations apply to—

(a) United Kingdom ships which are operating, or which intend to operate, in polar waters; and

(b) non-United Kingdom ships which—

(i) commence a voyage from a port in the United Kingdom or end a voyage in a port in the United Kingdom; and

(ii) as part of that voyage operate, or intend to operate, in polar 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;

(c) cargo ships of less than 300 gross tonnage;

(d) ships not propelled by mechanical means;

(e) wooden ships of primitive build;

(f) pleasure vessels of less than 300 gross tonnage;

(g) fishing vessels of less than 24 metres in length overall;

(h) 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 Convention country is not subject to these Regulations if it would not have been in a United Kingdom port 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 persons10,

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 XIV or the Polar Code is to be construed—

(a) as a reference to Chapter XIV or the Polar Code as modified from time to time; and

(b) as, if Chapter XIV or the Polar Code is replaced, a reference to the replacement.

(2)

For the purposes of paragraph (1), Chapter XIV or the Polar 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 XIV or the Polar 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 exempt a ship which does not normally engage on international voyages but is, in exceptional circumstances, required to undertake a single international voyage which includes, as part of that voyage, entering polar waters, from any requirement of these Regulations.

(2)

Subject to paragraph (3), in circumstances other than the circumstances specified in paragraph (1), the Secretary of State may exempt a ship or class of ship to which these Regulations apply from any requirement of these Regulations if satisfied that compliance with such requirement is either impracticable or unreasonable in the case of that ship or class of ship.

(3)

An exemption under paragraph (2) may be granted only where it is compatible with the requirements of Chapter XIV or part 1-A of the Polar Code, as the case may be.

(4)

An exemption under paragraph (1) or (2) may be granted subject to such terms as the Secretary of State considers fit to ensure the safety of the ship or class of ship.

(5)

An exemption granted under paragraph (1) or (2) may, on the giving of reasonable notice, be altered or cancelled.

(6)

An exemption granted under paragraph (1) or (2), or an alteration or cancellation under paragraph (5), 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.

(7)

Where an exemption is granted subject to terms specified by the Secretary of State, the exemption ceases to have effect if any of those terms is not complied with.

(8)

For the purposes of this regulation—

“any requirement of these Regulations” is to be interpreted as including any requirement of Chapter XIV or part 1-A of the Polar Code applicable to a ship under these Regulations;

“international voyage” means a voyage between—

(a) a port in the United Kingdom and a port outside the United Kingdom; or

(b) a port in a country other than the United Kingdom, or a territory, and a port in any other country or territory, whether a Convention country or not, which is outside the United Kingdom.

Equivalents 7.

(1)

Where these Regulations require that—

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

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

(c) any particular provision be made in relation to a ship,

the Secretary of State may approve any other fitting, material, appliance or apparatus, arrangement or other provision if satisfied that it is at least as effective as that required by these Regulations.

(2)

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

(3)

Any approval given under paragraph (1), or a continuation, alteration or cancellation under paragraph (2), 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.

(4)

For the purposes of paragraph (1), a reference to “these Regulations” is to be interpreted as including a reference to Chapter XIV or part 1-A of the Polar Code.

Alternative design and arrangements 8.

(1)

Structural arrangements, machinery and electrical installations, fire safety design and arrangement measures, and life-saving appliances and arrangements for ships to which these Regulations apply, may deviate from the requirements of chapters 3, 6, 7 and 8 of part 1-A of the Polar Code (“the relevant chapters”), provided that any alternative design or arrangement—

(a) meets the intent of the goal and functional requirements of the relevant chapters; and

(b) provides an equivalent level of safety to the requirements in those chapters.

(2)

In relation to a ship to which paragraph (1) applies—

(a) an alternative design or arrangement must be subjected to an engineering analysis in accordance with regulation 4 of Chapter XIV (alternative design and arrangement); and

(b) a copy of the engineering analysis must be provided by the owner to the Secretary of State.

(3)

In relation to the alternative design or arrangement and the engineering analysis referred to in paragraph (2), the Secretary of State—

(a) must evaluate and, if satisfied that the requirements of regulation 4 of Chapter XIV are met, approve the engineering analysis; and

(b) if satisfied that the alternative design or arrangement is at least as effective as that required by the relevant chapters, must approve the alternative design or arrangement.

(4)

Where there are changes to the assumptions and operational restrictions stipulated in the alternative design or arrangement approved in accordance with paragraph (3)—

(a) a further engineering analysis must be carried out which takes into account the changed assumptions and operational restrictions; and

(b) where the alternative design or arrangement requires amendment, the Secretary of State—

(i) must evaluate such amendment; and

(ii) if satisfied that the amended alternative design or arrangement is at least as effective as that required by the relevant chapters, approve the amended alternative design and arrangement.

(5)

Paragraphs (2) and (3)(a) apply to the requirement for the further engineering analysis referred to in paragraph (4)(a).

(6)

An approval given under paragraph (3) or (4) may, on the giving of reasonable notice, be continued, altered or cancelled.

(7)

An approval given under paragraph (3) or (4), or a continuation, alteration or cancellation under paragraph (6), 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.

(8)

Any alternative design or arrangement deviating from the requirements of the relevant chapters, together with the technical and operational measures and conditions for the approved deviation, must be recorded in the ship’s Polar Ship Certificate and the ship’s Polar Water Operational Manual.

(9)

For the purposes of paragraph (8), “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) a United Kingdom ship pursuant to regulation 13B of the Merchant Shipping (Survey and Certification) Regulations 201511 (issue of Polar Ship Certificate); or

(b) a non-United Kingdom ship flying the flag of a Convention country, by that country.

Approvals 9.

(1)

The Secretary of State, or any person authorised by the Secretary of State, may give an approval in relation to a United Kingdom ship—

(a) for anything in part 1-A of the Polar Code which provides that it must be—

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

(ii) done to the satisfaction of such Administration; or

(iii) acceptable to that Administration12; or

(b) for the purposes of the equipment required by paragraph 4.3.1.2.2 in chapter 4 of part 1-A of the Polar Code (means for removing ice).

(2)

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

(3)

An approval given under paragraph (1), or a continuation, alteration or cancellation under paragraph (2), 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.

PART 2

Requirements for ships operating or intending to operate in polar waters

Requirements for passenger ships and cargo ships of 500 gross tonnage or more 10.

(1)

This regulation applies to—

(a) passenger ships; and

(b) cargo ships of 500 gross tonnage or more.

(2)

A ship to which this regulation applies must comply with each requirement of the following provisions in part 1-A of the Polar Code applicable to that ship—

(a) in chapter 1 (general)—

(i) paragraph 1.4 (performance standards); and

(ii) paragraph 1.5 (operational assessment);

(b) chapter 2 (Polar Water Operational Manual);

(c) chapter 3 (ship structure);

(d) chapter 4 (subdivision and stability);

(e) chapter 5 (watertight and weathertight integrity);

(f) chapter 6 (machinery installations);

(g) chapter 7 (fire safety and fire protection);

(h) chapter 8 (life-saving appliances and arrangements);

(i) chapter 9 (safety of navigation);

(j) chapter 10 (communication); and

(k) chapter 11 (voyage planning).

Requirements for fishing vessels of 24 metres or over in length overall, pleasure vessels of 300 gross tonnage or more and cargo ships of at least 300 gross tonnage but under 500 gross tonnage 11.

(1)

Subject to paragraph (2), this regulation applies to—

(a) fishing vessels of 24 metres or over in length overall;

(b) pleasure vessels of 300 gross tonnage or more; and

(c) cargo ships of at least 300 gross tonnage but under 500 gross tonnage.

(2)

This regulation does not apply to a non-United Kingdom ship described in paragraph (1) which is—

(a) flying the flag of an Arctic coastal State; and

(b) operating, or intending to operate, solely in the internal waters and territorial sea of that State when in Arctic waters.

(3)

A ship to which this regulation applies must comply with each requirement of the following provisions in part 1-A of the Polar Code applicable to that ship—

(a) chapter 9-1 (safety of navigation); and

(b) chapter 11-1 (voyage planning).

(4)

A ship to which this regulation applies must comply, so far as is reasonably practicable, with each requirement of the following provisions in chapter 1 (general) of part 1-A of the Polar Code applicable to that ship—

(a) paragraph 1.4 (performance standards); and

(b) paragraph 1.5 (operational assessment).

(5)

In the case of ships constructed before 1st January 2026, the requirements in paragraphs (3) and (4) apply on 1st January 2027.

(6)

In this regulation—

“Arctic coastal State” means a Convention country which has a coastline bordering Arctic waters;

“baseline” means the low-water line along a coastline as marked on large-scale charts officially recognised by the relevant coastal State;

“constructed” means, with respect to a ship, that the keel is laid or that the ship is at a similar stage of construction;

“internal waters” means the waters on the landward side of the baseline of the territorial sea;

“nautical mile” means a distance of 1,852 metres;

“similar stage of construction” means the stage at which—

(a) construction identifiable with a specific ship begins; and

(b) assembly of that ship has commenced comprising at least 50 tons or 1% of the estimated mass of all structural material, whichever is less; and

“territorial sea” means the area of sea which extends up to a limit not exceeding 12 nautical miles from the baseline of a coastal State at any given point.

Additional requirements relating to the Polar Water Operational Manual 12.

(1)

This regulation applies to—

(a) passenger ships; and

(b) cargo ships of 500 gross tonnage or more.

(2)

A Company and a master must ensure that—

(a) a ship to which this regulation applies is operated in compliance with the Polar Water Operational Manual applicable to that ship; and

(b) every seafarer on a ship to which this regulation applies is made familiar with the procedures and equipment referred to in the Polar Water Operational Manual relevant to the seafarer’s assigned duties in accordance with paragraph 12.3.4 in chapter 12 of part 1-A of the Polar Code (familiarity with Polar Water Operational Manual).

(3)

In this regulation, “seafarer” means any person, including a master, who is employed or engaged or works in any capacity on board a ship and whose normal place of work is on that ship.

PART 3

Enforcement

Offences and penalties 13.

(1)

Any contravention of—

(a) regulation 8(8) (recording of alternative design and arrangements);

(b) regulation 10(2)(a)(i) (performance standards);

(c) regulation 10(2)(a)(ii) (operational assessment);

(d) regulation 10(2)(b) to (j) (requirement to comply with chapters 2 to 9 and 10 of part 1-A of the Polar Code: safety measures);

(e) regulation 11(3)(a) (safety of navigation under chapter 9-1 of part 1-A of the Polar Code);

(f) regulation 11(4)(a) (requirement to comply so far as is reasonably practicable with performance standards); or

(g) regulation 11(4)(b) (requirement to comply so far as is reasonably practicable with operational assessment),

is an offence by the owner and master of the ship in respect of each case of non-compliance.

(2)

Any contravention of—

(a) regulation 10(2)(k) (voyage planning under chapter 11 of part 1-A of the Polar Code); or

(b) regulation 11(3)(b) (voyage planning under chapter 11-1 of part 1-A of the Polar Code),

is an offence by the master in respect of each case of non-compliance.

(3)

Any contravention of—

(a) regulation 12(2)(a) (requirement to operate a ship in compliance with the Polar Water Operational Manual); or

(b) regulation 12(2)(b) (requirement to ensure familiarity with the Polar Water Operational Manual),

is an offence by the Company and master in respect of each case of non-compliance.

(4)

An offence under paragraph (1), (2) or (3) 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.

(5)

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.

Detention 14.

(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 ship has clear grounds for believing that there is a contravention of any of the requirements of these Regulations in relation to that ship, the ship may be detained in the United Kingdom.

(3)

Section 284 of the Act (enforcing detention of ship)13 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.

(4)

Where a ship is liable to be detained under this regulation, the person detaining the ship 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 ship 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)14 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)15.

(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 ship other than a United Kingdom ship is detained, the Secretary of State must immediately inform the ship’s flag administration in writing.

(8)

If it is not possible to inform the ship’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” means, in relation to a ship, the administration of the State whose flag the ship is entitled to fly.

Signed by authority of the Secretary of State for Transport

Keir Mather Parliamentary Under Secretary of State Department for Transport 1st December 2025

We consent to the making of these Regulations

Stephen Morgan Gen Kitchen Two of the Lords Commissioners of His Majesty’s Treasury 25th November 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.

In regulation 3 (interpretation)—

(a) in paragraph (1)—

(i) in 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 202516; “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) a United Kingdom ship pursuant to regulation 13B (issue of Polar Ship Certificate); or

(b) 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.”.

After regulation 9A (surveys of HSOSC), insert—

“Surveys of ships operating in polar waters 9B.

(1) A United Kingdom ship which is—

(a) a passenger ship; or

(b) 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.”.

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 202217 (requirements for a certificate of proficiency).”.

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) in paragraph (1)(a), for “periodical survey”, insert “, periodical survey, 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 198818 to the SOLAS Convention.”.

In regulation 16(1) (issue and duration of exemption certificates), after “13A” insert “, 13B”.

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”.

In regulation 18(1) (issue and endorsement of certificates by another government), for “regulation 13”, substitute “regulations 13 and 13B”.

In regulation 19(2) (requests made by other SOLAS governments), for “regulation 13” substitute “regulations 13 and 13B”.

In regulation 22 (availability of certificates), after “23(5B)(b)” insert “, or a certificate described in regulation 23(5D)(b)”.

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.”.

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 201819 are amended as follows.

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.

In regulation 3 (interpretation)—

(a) in paragraph (1)—

(i) 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;”.

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 201820;

(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.”.

In regulation 48(3)(h) (approval of training providers), for “Amendment 1”, substitute “Amendment 2”.

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

EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations revoke and replace the Merchant Shipping (Polar Code) (Safety) Regulations 2021 (S.I. 2021/1401), which implemented the requirements of Chapter XIV in the Annex to the International Convention for the Safety of Life at Sea, 1974 (“the Convention”) and the safety related requirements for ships in the International Code for Ships Operating in Polar Waters (“the Polar Code”).

The new Regulations also implement the latest amendments to Chapter XIV and the Polar Code, adopted, respectively, by International Maritime Organization (IMO) Resolutions MSC.532(107) and MSC.538(107). The amendments to Chapter XIV apply the amendments to the Polar Code contained in Resolution MSC.538(107) to cargo ships of at least 300 gross tonnage but under 500 gross tonnage, fishing vessels of 24 metres or over in length overall, and pleasure vessels of 300 gross tonnage or more (“the additional categories of ship”); these amendments relate to the safety of navigation and voyage planning only. The amendments to the Polar Code insert new chapters 9-1 (safety of navigation) and 11-1 (voyage planning) into part 1-A of the Polar Code (safety requirements), which apply only to the additional categories of ship. Ships falling within the additional categories of ship which were constructed before 1st January 2026 need not comply with the additional requirements in chapters 9-1 and 11-1 until 1st January 2027, but all other ships must comply on the date these Regulations come into force.

The Regulations apply, with certain limited exceptions, to United Kingdom ships and to the additional categories of ship, operating, or intending to operate, in polar waters (regulation 4). They also apply to non-United Kingdom ships of the same types which commence a voyage from, or end a voyage in, a port in the United Kingdom, and as part of that voyage operate in, or intend to operate in, polar waters.

The Regulations provide for the granting of exemptions (regulation 6), approval of equivalents (regulation 7) and alternative design and arrangements (regulation 8). The Secretary of State may also approve matters contained in the Polar Code which provide for the approval of a ship’s flag administration (referred to in the Polar Code as “the Administration”) (regulation 9).

All the safety related provisions of the Polar Code are implemented by these Regulations. The requirements for passenger ships and cargo ships of 500 gross tonnage or more operating in polar waters, other than the manning and training requirements, are contained in regulation 10. The requirements for fishing vessels of 24 metres in length overall, pleasure vessels of 300 gross tonnage or more and cargo ships of at least 300 gross tonnage but under 500 gross tonnage are contained in regulation 11. Regulation 12 contains specific provision relating to the Polar Water Operational Manual. The majority of these requirements are incorporated into the Regulations by direct reference to the requirements in the Polar Code. Future amendments to the provisions of Chapter XIV or the Polar Code will be automatically incorporated into the Regulations pursuant to the ambulatory reference provision in regulation 5.

The Regulations provide for offences and penalties in the event of a contravention of the requirements of the Regulations (regulation 13). In cases of non-compliance with the Regulations, a ship may also be detained (regulation 14).

Part 1 of the Schedule to the Regulations makes provision for the survey and certification of ships intending to operate in polar waters by way of amendment of the Merchant Shipping (Survey and Certification) Regulations 2015 (S.I. 2015/508), including new regulations 9B and 13B.

Part 1 of the Schedule to the Regulations also implements the manning and training requirements contained in chapter 12 of part 1-A of the Polar Code (other than paragraph 12.3.4 in that chapter, which is implemented in regulation 12(2)(b)) by way of amendment of the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 (S.I. 2022/1342) (“the 2022 Regulations”); these requirements are contained in new regulations 16A to 16C of the 2022 Regulations.

Part 1 of the Schedule to the Regulations also makes consequential amendments to the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104).

Marine Guidance Note 637 (M) has been revised and provides guidance on how the Secretary of State will exercise discretion where the Polar Code permits this. Merchant Shipping Notice 1866 (M) Amendment 1 has also been revised as a consequence of the amendments to the 2022 Regulations. Marine Guidance Note 637 (M) Amendment 1 and Merchant Shipping Notice 1866 (M) Amendment 2 are available from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email [email protected]) and can be found at https://www.gov.uk/topic/ships-cargoes/m-notices.

The Convention and its Protocol of 1988 may be obtained in copy from the IMO, 4 Albert Embankment, London SE1 7SR and both are available on the Foreign, Commonwealth and Development Office (FCDO) treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch). The text of the IMO Resolutions containing the amendments to the Convention and Protocol may be obtained from the IMO directly or at https://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Pages/MSC-2022-23.aspx (the Resolutions for IMO meeting MSC.107), or from the MCA, or found on the FCDO treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch).

Future amendments to the Convention and to the Protocol may be obtained in copy from the IMO and, after coming into force in the United Kingdom, found on the FCDO treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch). Until such publication is made on the FCDO treaties database, an amendment will be available from the MCA and on https://www.gov.uk. An amendment will be publicised in advance of its in-force date by means of a Parliamentary Statement to both Houses of Parliament and by way of a Marine Guidance Note, which will be available in copy from the MCA and on www.gov.uk/government/collections/marine-guidance-notices-mgns.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. Instead, a de minimis assessment has been prepared and is published alongside the instrument on www.legislation.gov.uk.

An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.