Expanded marine accident investigation powers and reporting duties to cover watercraft and their users.
This Order extends marine accident investigation and reporting requirements to watercraft, such as jet skis, by amending the Merchant Shipping (Watercraft) Order 2023.
It grants authorities the power to investigate watercraft accidents under the Merchant Shipping Act 1995 and requires persons using watercraft to comply with accident reporting regulations previously applicable only to ships.
The Order applies to the entire United Kingdom and affects any individual or organisation operating watercraft eligible for UK registration.
Arguments For
The order states that it corrects technical errors in the original 2023 Order to ensure legislative clarity.
Proponents argue the amendments are necessary to apply ship-style accident investigation protocols to watercraft, ensuring consistent safety standards across different vessel types.
The document notes that the Secretary of State consulted representative organisations to ensure the changes were appropriate for affected parties.
The explanatory note asserts that the instrument will have no significant financial impact on the private, voluntary, or public sectors.
Arguments Against
Legal commentators might note that the order retroactively corrects errors in the 2023 Order, which suggests previous regulatory ambiguity for watercraft users.
Affected parties may be concerned that applying the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012 creates new reporting burdens for recreational watercraft users who may not be familiar with commercial shipping standards.
The reliance on a de minimis assessment rather than a full impact assessment may be questioned if the actual costs of compliance for watercraft owners prove higher than anticipated.
Citation, commencement, extent and application
- -(1) This Order may be cited as the Merchant Shipping (Watercraft) (Amendment) Order 2026 and comes into force on 17th April 2026.
- (2) This Order extends to, and applies in relation to, the whole of the United Kingdom.
This article establishes the official name of the Order and sets the date it becomes legally enforceable as 17 April 2026.
It specifies that the new regulations apply across England, Wales, Scotland, and Northern Ireland.
Amendment of the Merchant Shipping (Watercraft) Order 2023
- The Merchant Shipping (Watercraft) Order 2023( 2 ) is amended in accordance with articles 3 to 6.
This article serves as the legal trigger for the changes detailed in the subsequent sections of the document.
It confirms that the 2023 Order is the primary legislation being modified.
Amendment of article 6 (conduct endangering watercraft, ships, structures or individuals)
- In article 6, in the opening words, after 'Section 58' insert 'of the 1995 Act'.
This provision adds a specific reference to the Merchant Shipping Act 1995 within the rules regarding dangerous conduct.
This clarification ensures that the enforcement powers for endangering vessels or people are correctly linked to the parent Act.
Insertion of article 10A
- After article 10, insert-
'Part 3A
Accident investigation: watercraft
Accident investigation
10A. The following provisions of the 1995 Act apply in relation to watercraft as they apply in relation to ships-
- (a) section 267 (investigation of marine accidents) as if, in subsection (2)(a)(i), the reference to a United Kingdom ship includes a reference to a watercraft eligible for registration in the United Kingdom;
- (b) section 259 so far as it applies for the purposes of section 267(8).'.
This article inserts a new section into the 2023 Order to allow the official investigation of accidents involving watercraft.
It treats any watercraft eligible for UK registration the same as a UK ship for the purposes of marine accident inquiries and grants inspectors relevant statutory powers.
Amendment of Schedule 1 (application of the Merchant Shipping (Registration of Ships) Regulations 1993 in relation to watercraft)
- In Schedule 1-
- (a) in paragraph 1(2)-
- (i) after ''section 1(1) and (2)' insert 'of the Act', and
- (ii) after '(1A) and (2)' insert 'of the Merchant Shipping Act 1995';
- (b) omit paragraph 1(11);
- (c) renumber paragraph 2(1) as paragraph 2;
- (d) in paragraph 2 (as re-numbered), in sub-paragraph (b)(ii)-
- (i) after 'Schedule 4 to' insert 'the Act', and
- (ii) after 'section 313(1) of' insert 'the Merchant Shipping Act 1995'.
This section makes technical corrections to the schedule governing how watercraft are registered.
It inserts missing references to the Merchant Shipping Act 1995 and removes redundant paragraph numbering to ensure the registration regulations function accurately.
Amendment of Schedule 2 (application of other shipping provisions in relation to watercraft)
- In Schedule 2, after paragraph 3, insert-
' Application of the Merchant Shipping (Accident Reporting and Investigation) Regulations 2012
- The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012( 3 ) apply in relation to watercraft as they apply in relation to ships, as if in the following provisions, any reference to a master includes a reference to any person for the time being using a watercraft-
- (a) regulation 6(1);
- (b) paragraphs (3) and (7) of regulation 10.'.
This provision extends the 2012 Accident Reporting Regulations to include watercraft.
It mandates that anyone operating a watercraft must fulfill the reporting duties normally required of a ship's master, specifically regarding the notification of accidents and the provision of information to investigators.
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