Consultation outcome

Consultation Document: Marine Guidance Note 627 (M) Amendment 1

Updated 16 November 2023

Section 1: Overview of this consultation

Aim

1.1 This consultation seeks your views on changes to Marine Guidance Note (MGN) 627(M) which provides and overview of the changes made by the Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2022 (“the 2022 Regulations”) (sometimes colloquially known as the “Grandfather Rights Regulations”) and its associated Marine Notices. MGN 627(M) itself formed part of this legislative package (“the package”).

Views sought

1.2 Your views are sought in respect of the proposed changes to the original version of MGN 627(M) which are designed to provide additional clarity, and enable the MGN to better reflect the legislative changes implemented by the “Grandfather Rights Regulations” and its associated Marine Notices:

Deadline for responses

1.3. Responses are welcomed from 1 to 28 August 2023.

1.4 Following the conclusion of this consultation and consideration of the feedback, the updates to this MGN will be finalised.

Section 2: Areas for consideration

Background

2.1 The Guidance contained in MGN 627(M) was issued in December 2022 to provide a layman’s explanation to the measures introduced by the package.

2.2 Since the publication of the original package, queries on the requirements contained in it have been raised by various individuals. While these have been addressed on a case by case basis, it is believed that benefit would be gained from updating MGN 627(M) to provide extra clarity on the issues which have been brought to light, to ensure that the guidance and description it contains fully and accurately reflects the mandatory changes made by the package. This will help to promote reader understanding, as well as consistency in application across the UK.

2.3 Enhancements are as follows:

a) text at the end of paragraph 2.2 to clarify that if a surveyor requires an evacuation demonstration to support an application for a vessel on Category B Waters to be exempt the uplift in lifejackets / buoyancy aids, the surveyor may specify that this demonstration takes place at a particular location on the vessel’s route. This may be where the vessel is at highest risk or a dry-shod evacuation is most challenging;

b) text in paragraph 2.5 of the MGN is added to make it clearer that the requirement in new Regulation 8A of the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 for a fixed firefighting system to be fitted in non-Category A machinery spaces applies to all ships of Class III to VI(A), and detail the standards which are likely to be deemed acceptable;

c) text in paragraph 2.8 to clarify the minimum outcome which must be demonstrated by ships brought within scope of the buoyancy test by the “Grandfather Rights” Regulations;

d) text in 2.9 added to fully reflect Schedule 2, Section 1, paragraph 3 of Merchant Shipping Notice (MSN) 1699 Amendment 3, which states that the exemption from stability requirements for passenger vessels operating on tidal Category C Waters based on a Risk Assessment to evidence that it is an area of Lower Operation Risk, is available to vessels operating in daylight hours only.

Section 3: Responding to this consultation

Consultees

3.1 Anyone may respond to this consultation and consideration will be given to all responses. We will be particularly interested to hear from operators of passenger ships affected by the Regulations.

Duration

3.2 This consultation is open for 4 weeks from 1 August 2023. The deadline for responses is 28 August 2023.

Submitting your response

3.4. The preference is for consultation responses to be emailed to dpv@mcga.gov.uk. Any questions should also be sent to this email address. You can also send in your response by post to: Maritime and Coastguard Agency, Spring Place, (Attention: Matt Giacomini, Passenger Ships Team, Bay 2/23), 105 Commercial Road, Southampton SO15 1EG.

3.5. When responding, representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions.

Freedom of Information

3.6. Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

3.7. If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

3.8. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department/MCA.

3.9. The MCA will process your personal data in accordance with the data protection framework and, in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.

Data Protection

3.10. The MCA is carrying out this consultation to gather evidence to inform the development and implementation of policy and legislation (in accordance with section 86(4) of the Merchant Shipping Act 1995). This consultation and the processing of personal data that it entails is necessary for the exercise of our functions as a government department. If your answers contain information that allows you to be identified, under data protection law, the MCA, as an Executive Agency of the Department for Transport, will be the Controller for this information.

3.11. The MCA will use your contact details to send you information about the consultation, for example if we need to ask follow-up questions. You do not have to give us this personal information but if you do choose to provide it, it will not be used for any other purpose without your permission.

3.12. Details about how the MCA looks after personal data, your rights, how to complain, and how to contact our Data Protection Manager can be found on gov.uk at:

https://www.gov.uk/government/organisations/maritime-and-coastguard-agency/about/personal-information-charter

3.13. Your information will be kept securely on the MCA’s IT system and any written responses will be held in a secure file and cabinet and kept for up to five years, until a post-implementation review has been completed.

3.14. If you do not wish to remain on this list, please let us know at dpv@mcga.gov.uk .

Section 4: Outline of plans beyond this consultation

4.1. Once this consultation closes, we will review all responses. In considering the responses we will apply appropriate weight to those from organisations and individuals with specialist knowledge of the subject area.

4.2. We will be analysing the responses during May 2023. Our aim is to publish an overview of the responses and the MCA’s comments within at most 3 months of the end of the consultation, which will be made available on www.gov.uk on the same page as the consultation documents. To be notified of changes to this page, subscribe here free of charge.

4.3. It is intended to publish a revised version of the Marine Guidance Note during June.

4.6. An overview timetable is below for reference:

Section 5: Response form – Marine Guidance Note 627(M) Amendment 1

This can be found here.

Section 6: Conduct of this consultation

6.1. This consultation has been conducted in accordance with the Cabinet Office Consultation Principles.

Consultation principles

6.2. The Cabinet Office Consultation Principles can be found at Consultation Principles 2018:

Feedback on conduct of consultation

6.3. If you have any comments regarding the conduct of this consultation, please contact the Consultation Co-ordinator at consultation.coordinator@mcga.gov.uk.

6.4. We are continually trying to improve the way in which we conduct consultations and appreciate your views. We would be grateful if you could complete and return the attached feedback form. These should be submitted to the Consultation Co-ordinator and are not affected by the deadline for this consultation.

6.5 If you require this consultation in an alternative format, please contact either the Consultation Co-ordinator or the named official conducting this consultation.