Merhant Shipping (ISPS Code) Regulations 2018 Index MERCHANT SHIPPING (ISPS CODE) REGULATIONS 2018 Index Regulation Page PART 1 INTRODUCTORY 3 1 Title... 3 2 Commenement... 3 3 Interpretation... 3 4 Appliation... 5 5 Company s responsibility... 6 6 Provisions relating to offenes... 6 PART 2 MANX SHIPS 7 7 Requirement to omply... 7 8 Continuous Synopsis Reord... 7 9 Ship Seurity Alert System... 8 10 Master s disretion for ship safety and seurity... 8 11 Delaration of seurity... 8 12 Ship seurity plan... 8 13 Reords... 9 14 Duration and validity of International Ship Seurity Certifiate... 9 15 Equivalent seurity arrangements... 9 16 Exemption... 10 17 Validity of approvals... 10 PART 3 FOREIGN SHIPS 10 18 Requirement to omply with SOLAS Chapter XI-I regulation 5, SOLAS Chapter XI-2 and the ISPS Code... 10 19 Inspetion of a foreign ship in port... 10 20 Provisions relating to detention... 11 PART 4 REVOCATION AND CONSEQUENTIAL AMENDMENTS 12 21 Revoation... 12 22 Consequential amendments... 12 SD 2018/0278 Page 1
Index Merhant Shipping (ISPS Code) Regulations 2018 SCHEDULE 13 CONSEQUENTIAL AMENDMENTS 13 Page 2 SD 2018/0278
Merhant Shipping (ISPS Code) Regulations 2018 Regulation 1 Statutory Doument No. 2018/0278 Merhant Shipping At 1985 MERCHANT SHIPPING (ISPS CODE) REGULATIONS 2018 Laid before Tynwald: 20 November 2018 Coming into Operation: 1 Deember 2018 The Department for Enterprise, having arried out the onsultation required by setion 1(1) and setion 2(2) of the Merhant Shipping At 1985, makes the following Regulations under setion 1 and setion 2 of that At. PART 1 INTRODUCTORY 1 Title These Regulations are the Merhant Shipping (ISPS Code) Regulations 2018. 2 Commenement These Regulations ome into operation on 1 Deember 2018. 3 Interpretation In these Regulations At means the Merhant Shipping At 1985; 1988 Protool means the Protool adopted on 11 November 1988 by the IMO International Conferene on the Harmonized System of Survey and Certifiation (1988 SOLAS Protool), whih ame into fore on 3 February 2000; argo ship means a ship whih is not a passenger ship; ompany in relation to a ship means the owner of a ship; or any other organisation or person (for example, the manager, or bareboat harterer of the ship) (i) that has assumed responsibility for operation of the ship from the owner; and SD 2018/0278 Page 3
Regulation 3 Merhant Shipping (ISPS Code) Regulations 2018 (ii) that, on assuming suh responsibility, has agreed to take over all the duties and responsibilities imposed by the SOLAS Convention; Continuous Synopsis Reord or CSR means the Continuous Synopsis Reord speified by SOLAS Chapter XI-1 regulation 5; Contrating Government means the government of a ountry whih has onsented to be bound by the SOLAS Convention; ontrolled marine area has the meaning given by setion 7 of the Marine Infrastruture Management At 2016; Delaration of seurity means an agreement, reahed between a ship and either a port faility or another ship with whih it interfaes, speifying the seurity measures eah party to the agreement will implement; Department means the Department for Enterprise; fishing vessel means a vessel used for athing fish, whales, seals, walrus or other living resoures of the sea; foreign ship means any ship that is not a Manx ship; IMO means the International Maritime Organization; ISPS Code means the International Ships and Port Faility Seurity Code adopted by Resolution 2 of the Conferene of Contrating Governments to the International Convention for the Safety of Life at Sea, 1974, on 12 Deember 2002 and whih ame into fore on 1 July 2004, and inludes all amendments made to that Code up to and inluding those adopted by IMO Resolution MSC.196(80) on 20 May 2005 whih ame in to fore on 1 January 2009; inspetor means a person appointed as an inspetor under setion 3 of the At; international voyage means a voyage from a ountry to a port outside that ountry; Manx ship has the meaning given by setion 1 of the Merhant Shipping Registration At 1991 and inludes a ship registered under Part IV of that At (the Demise Charter Register); MSN means a Manx Shipping Notie issued by the Department, and inludes any doument whih amends that notie; passenger ship means a ship whih arries more than 12 passengers; pleasure vessel has the meaning given by regulation 6 of the Merhant Shipping (Pleasure Vessel) Regulations 2003 1 ; RSO means any of the reognised organisations speified in MSN 020 whih are authorised by the Department to undertake the speified funtion; 1 SD 396/03 Page 4 SD 2018/0278
Merhant Shipping (ISPS Code) Regulations 2018 Regulation 4 ship seurity plan means a plan developed to ensure the appliation of measures on board the ship designed to protet persons on board, argo, argo transport units, ship s stores or the ship from the risks of a seurity inident; SOLAS Convention means the International Convention for the Safety of Life at Sea 1974, as amended by the 1988 Protool; SOLAS Chapter XI-1 means Chapter XI-1 of the SOLAS Convention inluding all amendments made to that Chapter up to and inluding those adopted by IMO Resolution MSC.194(80) on 20 May 2005 (whih ame in to fore on 1 January 2009); SOLAS Chapter XI-2 means Chapter XI-2 of the SOLAS Convention inluding all amendments made to that Chapter up to and inluding those adopted by IMO Resolution MSC.194(80) on 20 May 2005 (whih ame in to fore on 1 January 2009); and territorial waters of the Island means the territorial sea adjaent to the Isle of Man (as that term is defined in setion 1(1) of the Territorial Sea At 1987 (as applied to the Island); and the ontrolled marine area. 4 Appliation (1) Unless expressly provided otherwise, Parts 1 and 2 of these Regulations apply to a Manx ship whih engages on international voyages; and the ompany of that ship. This is subjet to paragraph (3). (2) Unless expressly provided otherwise, Parts 1 and 3 of these Regulations apply to a foreign ship whilst it is within the territorial waters of the Island. This is subjet to paragraph (3). (3) These Regulations do not apply to a Manx ship or a foreign ship whih is () (d) (e) (f) a argo ship of less than 500gt; a pleasure vessel; a fishing vessel; a ship not propelled by mehanial means; a wooden ship of primitive build; and a warship, naval auxiliary and other ships owned or operated by a Contrating Government and used only on Government nonommerial servie. SD 2018/0278 Page 5
Regulation 5 Merhant Shipping (ISPS Code) Regulations 2018 5 Company s responsibility (1) The ompany of a ship must ensure that the ship omplies with suh of the requirements of these Regulations as apply in relation to a ship of its desription. (2) Paragraph (1) applies whether or not these Regulations impose an obligation on another person. (3) A ompany whih fails to omply with paragraph (1) ommits an offene and is liable on onvition on information (i) (ii) in the ase of a body orporate, to a fine; or in the ase of an individual, to a fine or ustody for a term not exeeding 2 years, or both; or on summary onvition, to a fine not exeeding level 5 on the standard sale. 6 Provisions relating to offenes (1) It is a defene for a person harged with an offene under these Regulations to show that he or she took all reasonable steps to avoid the ommission of the offene. (2) If the ommission by any person of an offene under these Regulations is due to the at or default of some other person, that other person ommits the offene; and may be harged with and onvited of the offene by virtue of this regulation, whether or not proeedings are taken against the first-mentioned person. (3) If a body orporate ommits an offene under these Regulations and that offene is proved to have been ommitted with the onsent or onnivane of, or to have been attributable to any neglet on the part of a diretor, manager, seretary or other similar offier of the body orporate; or any person who was purporting to at in any suh apaity, he or she, as well as the body orporate, ommits that offene and is liable to be proeeded against and punished aordingly. (4) If the affairs of a body orporate are managed by its members, paragraph (3) applies in relation to the ats and defaults of a member in onnetion with his or her funtions of management as if the member were a diretor of the body orporate. Page 6 SD 2018/0278
Merhant Shipping (ISPS Code) Regulations 2018 Regulation 7 (5) For the purposes of this regulation, body orporate inludes a limited liability ompany onstituted under the Limited Liability Companies At 1996 and, in relation to that ompany, any referene to a diretor or other offier of a body orporate is a referene to a member and to the ompany s manager and registered agent. PART 2 MANX SHIPS 7 Requirement to omply (1) A ship and its ompany must omply with suh of the requirements of SOLAS Chapter XI - 1 regulation 5; SOLAS Chapter XI - 2; () (d) Part A of the ISPS Code; and Part B of the ISPS Code, as apply to a ompany or ship of its desription. Subparagraph (d) is subjet to paragraph (2). (2) Setions 8 to 13 of Part B of the ISPS Code are mandatory for all ships. (3) If there is a footnote in SOLAS Chapter XI-I regulation 5, SOLAS Chapter XI-2 or the ISPS Code, and it is lear from the wording and the ontext that the ontent of the footnote or of a doument referred to in the footnote is intended to form part of the requirement, then suh ontent must be treated as part of the requirement. (4) Unless the ontext learly indiates otherwise, referenes to Administration in SOLAS Chapter XI-2 or the ISPS Code are to be read as referenes to the Department or RSO, subjet to any more speifi provision in these Regulations or MSN 064. (5) For the purposes of SOLAS Chapter XI-2 and the ISPS Code, referenes to Administration or Contrating Government in relation to the setting of seurity levels, seurity related advie and ativity must be read as a referene to the Department of Her Majesty s Government in the United Kingdom speified in MSN 064. (6) For the purposes of SOLAS Chapter XI-2 and the ISPS Code, referenes to Administration in relation to ship seurity plans must be read as a referene to the Department. 8 Continuous Synopsis Reord For the purposes of SOLAS Chapter XI-1 regulation 5, a CSR may only be issued by the Department. SD 2018/0278 Page 7
Regulation 9 Merhant Shipping (ISPS Code) Regulations 2018 9 Ship Seurity Alert System (1) For the purposes of SOLAS Chapter XI-2 regulation 6.2.1, the ompetent authority is speified in MSN 064. (2) In addition to the requirement in SOLAS Chapter XI-2 regulation 6.2.1 to transmit a ship-to-shore seurity alert to the ompetent authority, the ship-to-shore seurity alert system, when ativated, must also initiate and transmit a ship-to-shore seurity alert to the other parties speified in MSN 064. (3) The ship-to-shore seurity alert system, when ativated, must transmit the following information () the identity of the ship; the loation of the ship; and an indiation that the ship is under threat or has been ompromised. 10 Master s disretion for ship safety and seurity For the purposes of SOLAS Chapter XI-2 regulation 8.2, whih permits the master to implement temporary seurity measures, referene to the Administration in the phrase inform the Administration must be read as a referene to the Department. 11 Delaration of seurity (1) For the purposes of the ISPS Code, Part A setion 5.7, a Delaration of Seurity must be retained on board the ship for a minimum period of 12 months or 10 port visits, whihever is the greater; and on board or ashore for a further 2 years following the expiry of the 12 month period or 10 port visits speified in paragraph. (2) If the Delaration of Seurity is kept ashore in aordane with paragraph 1, this must be made available upon request to the Department or RSO as soon as pratiable, but in any ase within 3 months. 12 Ship seurity plan For the purposes of the ISPS Code, Part A setion 9.4, the ship seurity plan must be written in the working language or languages of the ship and, if this is not in English, must be aompanied by an English translation. Page 8 SD 2018/0278
Merhant Shipping (ISPS Code) Regulations 2018 Regulation 13 13 Reords (1) For the purposes of the ISPS Code, Part A setion 10.1, the reords speified in setions 10.1.1 to 10.1.10 must be retained on board the ship for a minimum period of 12 months or 10 port visits, whihever is the greater; and on board or ashore for a further 2 years following the expiry of the 12 month period or 10 port visits speified in paragraph. (2) If the reords speified in paragraph (1) are kept ashore in aordane with paragraph 1, the reords must be made available upon request to the Department or RSO as soon as pratiable, but in any ase within 3 months. (3) The reords speified in paragraph (1) must be written in the working language or languages of the ship and, if this is not in English, must be aompanied by an English translation. 14 Duration and validity of International Ship Seurity Certifiate (1) For the purpose of the ISPS Code, Part A setion 19.3.1, an International Ship Seurity Certifiate is valid for the period stated in it whih must not exeed 5 years. (2) To avoid doubt, the requirement in paragraph (1) is subjet to the provisions of the ISPS Code, Part A setion 19. 15 Equivalent seurity arrangements (1) In aordane with SOLAS Chapter XI-2 regulation 12, the Department may allow a partiular ship or a group of ships to implement other seurity measures equivalent to those presribed in SOLAS Chapter XI-2, the ISPS Code Part A, or the ISPS Code Part B setions 8 to 13. (2) An equivalent seurity arrangement under paragraph (1) may only be granted to a ship or group of ships provided that suh seurity measures are at least as effetive as those presribed in SOLAS Chapter XI-2, the ISPS Code Part A, or the ISPS Code Part B setions 8 to 13. (3) An equivalent seurity arrangement issued in aordane with paragraph (1) is only valid if it is in writing; and it speifies the date on whih it takes effet. (4) If any ondition speified in aordane with paragraph (3) is not omplied with, the seurity arrangements will thereby be invalidated and the ship or group of ships, as the ase may be, will be deemed to not have met the relevant requirements of this Part. SD 2018/0278 Page 9
Regulation 16 Merhant Shipping (ISPS Code) Regulations 2018 16 Exemption (1) In aordane with SOLAS Chapter I regulation 4, a ship whih is not normally engaged on international voyages but whih, in exeptional irumstanes, is required to undertake a single international voyage, may be exempted by the Department from any of the requirements of SOLAS Chapter XI - 1 regulation 5, SOLAS Chapter XI - 2 and the ISPS Code. (2) The Department may grant to a ship an exemption under paragraph (1) only if the Department is satisfied that the ship omplies with safety requirements whih are adequate for the voyage to be undertaken. (3) An exemption issued in aordane with paragraph (1) is only valid if () it is in writing; it speifies the date on whih it takes effet; and any onditions stated in it are omplied with. 17 Validity of approvals An approval permitted by SOLAS Chapter XI-2 and the ISPS Code is only valid if () it is in writing; it speifies the date on whih it takes effet; and any onditions stated in it are omplied with. PART 3 FOREIGN SHIPS 18 Requirement to omply with SOLAS Chapter XI-I regulation 5, SOLAS Chapter XI-2 and the ISPS Code A foreign ship in the territorial waters of the Island must omply with suh of the requirements of SOLAS Chapter XI-I regulation 5, SOLAS Chapter XI-2 and the ISPS Code as apply in relation to a ship of its desription. 19 Inspetion of a foreign ship in port (1) A foreign ship in a port of the Island is subjet to inspetion by an inspetor to verify that there is on board a valid CSR required by SOLAS Chapter XI-1 regulation 5; and a valid International Ship Seurity Certifiate or a valid Interim International Ship Seurity Certifiate issued under the provisions of Part A of the ISPS Code. Page 10 SD 2018/0278
Merhant Shipping (ISPS Code) Regulations 2018 Regulation 20 (2) For the purposes of paragraph (1), an inspetor may aept any ertifiate that he or she onsiders to be equivalent to the CSR required by SOLAS Chapter XI-1 regulation 5, and the International Ship Seurity Certifiate or Interim International Ship Seurity Certifiate issued under the provisions of Part A of the ISPS Code, if the flag State of the foreign ship is not a Party to the SOLAS Convention. 20 Provisions relating to detention (1) If an inspetor arries out an inspetion in aordane with regulation 19 and finds that the ertifiates are not produed, have expired or eased to be valid; or there are lear grounds for believing (i) (ii) the ondition of the foreign ship or its equipment does not orrespond substantially with the partiulars of the ertifiate; or the foreign ship or its equipment are not in ompliane with the requirements of SOLAS Chapter XI-1 regulation 5, SOLAS Chapter XI-2 or the ISPS Code, Part A, an inspetor may impose any one or more of the ontrol measures speified in paragraph (2). (2) The ontrol measures whih an inspetor may impose on a ship in aordane with paragraph (1) inlude () (d) (e) inspeting the ship; delaying the ship; detaining the ship; restriting operations inluding movement within the port; and expelling the ship from port. (3) In addition (or as an alternative) to the ontrol measures speified in paragraph (2), an inspetor may impose other administrative or orretive measures that are less severe. (4) If an inspetion is onduted, or when measures are taken, in aordane with paragraph (1), (2) or (3) any measure imposed must be proportionate, taking into aount the guidane given in Part B of the ISPS Code; and all reasonable efforts must be made to avoid a foreign ship being unreasonably delayed or detained. SD 2018/0278 Page 11
Regulation 21 Merhant Shipping (ISPS Code) Regulations 2018 (5) If a foreign ship is detained in aordane with this regulation, setion 74 of the Merhant Shipping Registration At 1991 (whih relates to the detention of a ship) has effet, subjet to the following modifiations In sub-setions (1) and (2), after offier of the Department, insert «or any inspetor,»; in sub-setion (3), for this At (wherever ourring) substitute «the ISPS Code Regulations»; and () after sub-setion (3) add «(4) In this setion inspetor has the meaning given by regulation 3 of the ISPS Code Regulations; and ISPS Code Regulations means the Merhant Shipping (ISPS Code) Regulations 2018.» PART 4 REVOCATION AND CONSEQUENTIAL AMENDMENTS 21 Revoation The Merhant Shipping (ISPS Code) Regulations 2004 2 are revoked. 22 Consequential amendments The Shedule (onsequential amendments) has effet. MADE 27 Otober 2018 LAURENCE SKELLY Minister for Enterprise 2 SD 523/04 Page 12 SD 2018/0278
Merhant Shipping (ISPS Code) Regulations 2018 SCHEDULE SCHEDULE CONSEQUENTIAL AMENDMENTS (1) The Merhant Shipping (Manning and STCW) Regulations 2014 3 are amended in regulation 22(1) by omitting Merhant Shipping (ISPS Code) Regulations 2004, and substituting the following «Merhant Shipping (ISPS Code) Regulations 2018». (2) The Merhant Shipping (Demise Charter Register) Regulations 1991 4 are amended by omitting from Shedule 2, Part II (in the table entitled Appliation of subordinate legislation ) the following 523/04 Merhant Shipping (ISPS Code) Regulations 2004 The whole Regulations 3 SD 2014/0238 4 SD 394/91 SD 2018/0278 Page 13
Explanatory Note Merhant Shipping (ISPS Code) Regulations 20188 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations require a Manx ship and its ompany to omply with suh of the requirements of SOLAS Chapter XI-1 regulation 5 ( CSR ), SOLAS Chapter XI-2 Speial Measures to Enhane Maritime Seurity, and the International Ships and Port Faility Seurity Code ( ISPS Code ) as apply to a ompany or a ship of its desription. SOLAS Chapter XI-2 and the ISPS Code form the basis of the mandatory seurity regime for international shipping. The ISPS Code is divided into two setions: Part A outlines detailed maritime and port seurity related requirements for ships and their ompanies, SOLAS ontrating governments and port authorities. Part B of the ISPS Code provides guidelines on how to meet the requirements of Part A, of whih setions 8 to 13 are to be treated as mandatory. SOLAS Chapter XI-1 regulation 5, requires every ship to have a Continuous Synopsis Reord ( CSR ) on board whih provides a traeable history of the ship for its life and reords all hanges of owner, flag, name, Class, amongst other details. Subjet to regulation 4(3), whih exludes ertain vessels suh as argo ships under 500gt, pleasure vessels and fishing vessels, these Regulations apply to Manx ships and their ompanies, whih engage on international voyages and to foreign ships whilst they are within the territorial waters of the Island. The Regulations do not implement those measures in SOLAS Chapter XI and the ISPS Code whih relate to Isle of Man port seurity whih is the remit of the Department of Infrastruture. These Regulations ome into operation on 1 Deember 2018. Further information on ompliane with these Regulations an be found in MSN 064. Copies of this doument and Manx Shipping Noties are obtainable from the Isle of Man Ship Registry, Department for Enterprise, St Georges Court, Upper Churh Street, Douglas, Isle of Man, IM1 1EX and an be aessed via the website: http://www.iomshipregistry.om Page 14 SD 2018/0278