These regulations amend the procedures for pleasure craft arriving in the United Kingdom by explicitly authorizing electronic methods for notifying arrival and submitting reports.
The person responsible for a vessel must notify an officer of arrival as soon as practicable and maintain a signal flag until instructed otherwise. These rules apply to operators and owners of pleasure craft as defined by previous customs legislation and are administered by His Majesty's Revenue and Customs.
Arguments For
The Explanatory Note states that the regulations seek to put beyond doubt that reports on arrival may be made electronically.
The document notes the removal of obsolete references, such as Customs and Excise post boxes, to reflect modern administrative practices.
Proponents argue the amendments streamline the process by allowing responsible persons to submit arrival reports in advance of the vessel's arrival.
The legislation invokes powers under the Customs and Excise Management Act 1979 to update procedures for vessels arriving in the United Kingdom.
Arguments Against
Legal scholars might question if the shift toward electronic reporting creates barriers for vessel operators who lack reliable digital access while at sea or in remote ports.
Affected parties may find the requirement to fly the 'Q' flag until specifically notified by an officer to be an administrative burden compared to previous fixed-time requirements.
Critics might point out that the document does not include a full impact assessment, potentially overlooking costs to the private sector in adapting to new electronic reporting formats.
The broad discretion granted to the Commissioners to specify 'form and manner' through separate Directions may lead to a lack of transparency for those attempting to comply with the primary regulations.
Citation and commencement
- These Regulations may be cited as the Pleasure Craft (Arrival and Report) (Amendment) Regulations 2026 and come into force on XXXX 202X.
This section establishes the official name of the statutory instrument.
It also specifies the future date on which the new rules become legally enforceable.
Amendment of the Pleasure Craft (Arrival and Report) Regulations 1996
- -(1) The Pleasure Craft (Arrival and Report) Regulations 1996( 2 ) are amended as follows.
- (2) In regulation 2 (interpretation)-
- (a) after the definition of 'arrival', insert-
''CEMA 1979' means the Customs and Excise Management Act 1979;';
- (b) after the definition of 'pleasure craft', insert-
''the Directions' means directions made by the Commissioners under section 35(1) of CEMA 1979;';
- (c) in the definition of 'the prescribed form', for 'directions made under section 35(1) of the Customs and Excise Management Act 1979' substitute 'the Directions';
(3) In regulation 4 (the flying of the signal flag 'Q'), for the words from 'the making' to the end substitute 'being notified by an officer that the flag may be lowered.'.
(4) In regulation 6-
- (a) in paragraph (1) after 'arrived', insert 'or is expected to arrive';
- (b) for paragraph (2) substitute-
'(2) Subject to paragraph (3), the person responsible, or a person acting on behalf of that person ( 'P'), must notify arrival of the vessel to an officer electronically, in person or by telephone as soon as practicable after the arrival of the vessel.';
- (c) for paragraphs (4) to (7), substitute-
- '(4) P must submit an arrival report to an officer as soon as practicable after the arrival of the vessel either electronically or using the prescribed form in accordance with paragraph (5).
- (5) The prescribed form must be provided to an officer in person or posted to the address specified in the prescribed form.
(6) In advance of the arrival of the vessel, P may meet the requirement-
- (a) in paragraph (2), by making a notification of arrival to an officer either electronically or by telephone;
- (b) in paragraph (4), by submitting an arrival report to an officer electronically.
(7) Any notification of arrival or arrival report made or submitted under this regulation must contain the particulars and be made or submitted in the form and manner specified in the Directions.'
This section updates the 1996 regulations to include new definitions and procedures for vessel arrivals.
It mandates that vessels fly a signal flag until a customs officer permits its removal and replaces the existing reporting framework with one that allows for electronic, telephone, or in-person notifications.
It also authorizes the responsible party to satisfy reporting requirements before the vessel actually arrives if done electronically.
Amendment of the Ship's Report, Importation and Exportation by Sea Regulations 1981
- In regulation 1 of the Ship's Report, Importation and Exportation by Sea Regulations 1981( 3 )(citation, commencement , application, interpretation and revocation), for paragraph (2), substitute-
'(2) These Regulations shall not apply to pleasure craft as defined in the Pleasure Craft (Arrival and Report) Regulations 1996.'
This section updates the 1981 Regulations to ensure they correctly reference the 1996 definition of pleasure craft.
This serves to clarify the legal boundary between general shipping regulations and the specific rules applicable to pleasure craft.
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