Ship Security Regulations 2004
What this means for your business
- Enforced by
- MCA
- Applies to
- United Kingdom
- On this page
- 10 compliance obligations
What you must do
10 compliance obligations under this legislation — 3 can result in imprisonment.
Offences and prohibitions 6
Enter or remain in a ship's restricted area without permission
Unlimited fineIf anyone goes onto, into, or stays in a part of a ship that has been marked as a restricted area without permission from the master or ship security officer, they commit an offence. On conviction in the magistrates’ court the person can be fined an unlimited amount. Ship owners and operators must ensure proper authorisation procedures and clear signage to avoid this risk.
Enter or stay in a restricted port area without permission
Unlimited fineIf anyone goes onto, or remains in, a part of a port that has been marked as a restricted area without the security officer’s permission, they commit a criminal offence. On conviction in the Magistrates' Court they face an unlimited fine. No prison term is mentioned.
Fail to comply with an enforcement notice
Unlimited fineIf you (or your company) receive an enforcement notice from the Maritime and Coastguard Agency and do not follow it, and you have no reasonable excuse, you commit a criminal offence. On a summary conviction you face a fine up to the statutory maximum; on an indictment you face an unlimited fine. If the breach continues after you have been convicted, you can be fined up to £100 for each day the breach persists.
Fail to comply with a ship detention notice
2 years imprisonmentIf a ship is detained under SOLAS or the ISPS Code and a detention notice is served, you must carry out the steps set out in the notice and keep the ship from sailing. Failing to do so without a reasonable excuse is a criminal offence. Conviction can lead to an unlimited fine and up to two years' imprisonment.
Fail to provide or give false information to a ship security officer
2 years imprisonmentIf an authorised officer conducting a security inspection of a ship or port facility asks you for information required by the security plan and you refuse without a reasonable excuse, or you knowingly give false information, you commit an offence. On conviction you face an unlimited fine, and if tried on indictment you can also be sentenced to up to two years’ imprisonment. The case can be heard in either a magistrates' court or the Crown Court.
Obstruct a duly authorised officer
2 years imprisonmentIf anyone deliberately blocks or hinders a ship‑security officer who is lawfully carrying out powers under the EC Regulation or these Regulations, they commit a criminal offence. On conviction the court can impose an unlimited fine, and if tried in Crown Court the offence can also carry up to two years’ imprisonment.
Record keeping 2
Retain ship and port security declarations for at least three years
You must keep any security declaration you complete for a ship or a port facility for at least three years after you last use it. For ships you also need to keep the declarations that relate to the last ten port calls for as long as they are linked to those calls, even if that means keeping them longer than three years.
Retain ship security records for at least three years
You must keep any security‑related records called for by the ISPS Code (and listed in your ship’s security plan) on board the vessel for a minimum of three years after each activity takes place. This means you can’t discard or delete those records until that time has passed.
Reporting and filing 2
Object to enforcement notice within 7 days
If a ship security enforcement notice is served on you, you must put in writing to the Secretary of State why you disagree with it. You have to send this objection, setting out the reasons and any supporting information, within seven days of receiving the notice.
Obtain approval before changing ship or port security plans
If you run a shipping company or own a port facility, you must get the Secretary of State’s written approval before you make any changes to your approved security plan. You cannot implement amendments until that approval is received.
Penalties for non-compliance
6 penalties under this legislation. 3 can result in imprisonment. 6 carry an unlimited fine.
Fail to comply with a ship detention notice
Unlimited fine and/or 2 years imprisonment
Fail to provide or give false information to a ship security officer
Unlimited fine and/or 2 years imprisonment
Obstruct a duly authorised officer
Unlimited fine and/or 2 years imprisonment
Enter or remain in a ship's restricted area without permission
Unlimited fine
Enter or stay in a restricted port area without permission
Unlimited fine
Fail to comply with an enforcement notice
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
21 classified provisions from this legislation.