UK Statutory Instrument 2014 United Kingdom

Merchant Shipping (ISM Code) Regulations 2014

What this means for your business

4 obligations
1 penalties
1 guides
Enforced by
MCA
Applies to
United Kingdom
On this page
4 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

4 compliance obligations under this legislation.

Appointments 1

Appoint and empower a designated person for ship safety management

If your company operates a ship covered by the ISM Code, you must name a qualified individual to be responsible for monitoring the vessel’s safe and efficient operation, especially safety and pollution‑prevention. You also have to give that person enough authority, resources and the appropriate ship‑operating knowledge and experience, and ensure they keep the ship properly manned, equipped and maintained.

Employer s.8 MCA When you operate a ship to which the EU ISM Regulation applies …

Management duties 2

Ensure EU Regulation compliance before operating a ship

If your business runs a ship that falls under the relevant EU Regulation, you must not put that ship into service unless you have met the specific requirements set out in Article 5 of the EU Regulation and the associated Regulation 6. In practice this means checking and documenting compliance for each ship before it is operated.

Any Person s.4 MCA When operating a ship to which the EU Regulation applies

Operate ship in line with its Safety Management System

If your vessel is covered by the EU ISM Regulation (or falls under regulation 5(2)), the master must run the ship exactly as set out in the Safety Management System that was used to issue its Safety Management Certificate (or Interim certificate). In practice this means the captain follows the approved procedures, checks and controls at all times while the ship is operating.

Employee s.7 MCA Ship is subject to the EU ISM Regulation or is within regulation …

Offences and prohibitions 1

Breach ISM Code regulations 4, 5 or 8(1)

Unlimited fine

If your ISM company fails to follow regulation 4, 5 or 8(1) of the ISM Code you commit a criminal offence. On conviction you can be fined – the court can impose an unlimited fine whether the case is heard in the magistrates’ court or the Crown Court. No prison term is possible for this breach.

Any Person s.15 MCA

Penalties for non-compliance

1 penalty under this legislation. 1 carry an unlimited fine.

Unlimited fine

Breach ISM Code regulations 4, 5 or 8(1)

Unlimited fine

Either way s.15 Penalises: Breach ISM Code regulations 4, 5 or 8(1)

Practical guidance

Our guides explain how to comply with the requirements above.

Running a maritime business

How to register ships with the UK Ship Register and comply with maritime regulations. Covers ship registration, seafarer certification, ISM …

Sections and provisions

19 classified provisions from this legislation.

4 Duties 1 Offences and penalties 4 Powers 5 Definitions 3 Exemptions

Duties 4

  • s.4 Duty on ISM company where EU Regulation applies An ISM company
  • s.7 Duty of master
  • s.8 Designated person
  • s.19 Review

Offences and penalties 1

  • s.15 Offences and penalties

Powers 4

  • s.9 Issue and endorsement of documents by Certifying Authority
  • s.11 Issue and endorsement of documents on behalf of other governments
  • s.12 Exemptions
  • s.13 Suspension or cancellation of documents

Definitions 5

  • s.2 Interpretation
  • s.3 Application
  • s.6 Certification requirements of regulations 4 and 5
  • s.14 Detention
  • s.18 Transitional provisions

Exemptions 3

  • s.5 Duty on ISM company where EU Regulation does not apply
  • s.16 Defence
  • s.17 Amendment to Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001