Consultation on the draft Merchant Shipping (EPIRB and PLB Registration) (Radiocommunications) (Amendment) Regulations 2025
Published 5 December 2024
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Section 1: Overview of this consultation
Aim
1.1. This consultation seeks your views on the draft of The Merchant Shipping (EPIRB and PLB Registration) (Radiocommunications) (Amendment) Regulations 2025 (“the new regulations”) (Annex A).
1.2. The new regulations have six aims. These are:
a) To update and replace the existing instrument: The Merchant Shipping (EPIRB Registration) Regulations 2000;
b) To reflect changes in technology and improve response timings by updating the registration requirements for EPIRBs (Emergency Position Indicating Radio Beacons);
c) To introduce the requirement to register PLBs (Personal Locator Beacons) used in the maritime environment;
d) To strengthen sanctions for breach of the registration requirements;
e) To introduce these changes for UK flagged ships and hovercraft (and include watercraft falling within the scope of the Merchant Shipping (Watercraft) Order 2023);
f) To make amendments to other Statutory Instruments.
Views Sought
1.3. Consultees are invited to comment on any aspect of this consultation. However, you are specifically invited to respond to the following questions:
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Whether the new regulations and accompanying Merchant Shipping Notice give effect to the changes to the registration requirements clearly and appropriately.
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Whether the proposed offences and penalties are appropriate.
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Whether the proposed guidance in Marine Guidance Note 665 Amendment 1 (Annex C) is adequate.
1.4. A full list of consultation questions is contained in Section 5 of this consultation.
Deadline for responses
1.5. Responses are welcomed from 5 December 2024 (09:00) until 30 January 2025 (23:59). For an overview of the timetable please refer to section 4 of this document.
Section 2: Areas for consideration
Introduction
2.1. The Maritime Safety Committee (MSC) at the International Maritime Organization (IMO) recognised in 2006 the importance of registering 406MHz EPIRBs in an international database to aid Search and Rescue (SAR) situations.
2.2. As a result of the MSC decision, the Maritime and Coastguard Agency (MCA) has an international obligation to ensure that EPIRBs on UK flagged vessels of any type are registered. However, it is a decision for the UK only to ensure that PLBs are registered. The requirements for EPIRB registration are currently governed by the Merchant Shipping (EPIRB Registration) Regulations 2000, but this legislation requires updating to reflect changes in technology relating to EPIRBs and to give effect to the UK decision to register PLBs.
2.3. Both EPIRB and PLB registration will ensure that His Majesty’s Coastguard (HMCG) Search and Rescue (SAR) is more efficient. In tandem to any SAR response being initiated, the process of alert validation is performed by HMCG. Registering beacons expedites the mission as the search target will be known plus further amplifying information could be gained through the emergency contacts, further assisting search efforts.
2.4. To strengthen the UK’s maritime safety framework, the new regulations will amend EPIRB registration requirements and introduce new PLB registration requirements.
2.5. The provision for enforcement has also been updated to reflect the new, more comprehensive registration requirements with appropriate offences and detention powers (for which see below the specific text under “Penalties and Offences”).
Proposed Changes
a) The existing legislation governing the registration of EPIRBs will be replaced and updated to reflect changes in technology and, for the first time, will require the registration of PLBs (Personal Locator Beacons) used in the maritime environment. The new regulations will apply the additional registration requirements to UK flagged ships and hovercraft, and watercraft.
b) The new regulations do not require purchase of equipment, but rather they require registration of equipment which has already been purchased. Registration is free and can be accessed online.
c) The amendments to the Merchant Shipping (Radiocommunications) (Amendment) Regulations 2021 will implement discrete changes to international safety requirements under SOLAS Chapter IV (radiocommunications), while the amendment to the Merchant Shipping (Radio Installations) Regulations 1998 will update the definition of EPIRB for the purposes of that instrument and reinstate the application of domestic radio regulations to ships operating in category A,B,C and D waters. The further provision in the new regulations will make minor consequential amendments to two other statutory instruments.
d) The new regulations will make provision for the changes described above in respect of UK flagged ships and hovercraft to also apply to watercraft falling within the scope of the Merchant Shipping (Watercraft) Order 2023. The new regulations will therefore make consequential amendments to the Merchant Shipping (Watercraft) Order 2023 to ensure the 2023 Order makes the corresponding changes to the requirements for watercraft.
Penalties and Offences
2.6. The MCA, as the UK’s maritime regulatory and enforcement authority, has responsibility for both delivering and enforcing the Government’s maritime regulatory objectives relating to ships, seafarers and the seas around the UK. The MCA’s approach to breaches of maritime legislation relies on a range of civil and criminal remedies in which, like many other regulatory regimes in the UK, civil and criminal sanctions sit alongside each other to enable the MCA to take the most proportionate action in relation to a particular breach. The decision on what is the most proportionate approach is determined by matters such as the importance of the requirement being breached, the gravity of the contravention, the effect of the contravention on third parties etc.
2.7. MCA surveyors have enforcement and sanction powers which can be applied locally to ships calling at UK ports. The MCA’s powers to use civil sanctions are primarily contained in the Merchant Shipping Act 1995 (“MSA”). These powers, including improvement and prohibition orders, are limited in scope and available only for specific purposes. Other than the power to detain a ship, it is not possible to replicate all the civil sanctions in the MSA in secondary legislation implementing international obligations or other regulatory objectives as there is no power to do so in the MSA. Because these civil sanctions are contained in primary legislation (the MSA), if they are needed, the sanctions will be enforced directly under the MSA. The general regulatory approach, in line with the MCA’s published enforcement regulations, is to use these civil sanctions whenever possible before using criminal offences.
2.8. The new regulations use civil penalties where it is possible to do so. This includes the ability to detain ships or issue improvement and prohibition notices if the prohibitions or requirements in the draft regulations are breached.
2.9. Maritime regulatory requirements govern both safety and pollution prevention. As such, their purpose includes the prevention of loss of life or injury to persons and the protection of the marine environment and adjoining coastlines. These very compelling objectives necessitate the availability of criminal sanctions in the more serious cases and provide a vital deterrent.
2.10. All of the offences are triable either way (as either a summary offence or an indictable offence). The maximum penalties are:
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on summary conviction, a fine of a maximum up to the statutory maximum, which in England and Wales is unlimited, and in Scotland or Northern Ireland a fine not exceeding the statutory maximum; and
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on indictment, an unlimited fine.
2.11. A ship or hovercraft which does not comply with the requirements of the new regulations applicable may be detained.
2.12. The enforcement arrangements are set out in Part 3 of the new Regulations. The offences are summarised in the table below. It is a defence for a person charged with an offence to prove that they took all reasonable steps to avoid the commission of the offence.
| Provision/offence | Subject matter | Penalty on Summary conviction/ indictment |
|---|---|---|
| Regulation 7(1) | Proceeding, or attempting to proceed, to sea or on any voyage, or arrive within United Kingdom waters in breach of the requirements in regulations 5(1) and (3) and 6(1) and (4)(a): the owner and the master are each guilty of an offence in respect of each case of non-compliance. | On summary conviction, a fine not exceeding the statutory maximum/ on indictment, an unlimited fine. On conviction on indictment, a fine or a sentence of imprisonment of up to 2 years, or both. Applies to owner and master. |
| Regulation 7(2) | A person who carries a PLB on board a ship (“the PLB holder”) in breach of the requirements in regulations 6(2) and (4)(b): the PLB holder is guilty of an offence. | On summary conviction, a fine not exceeding the statutory maximum/ on indictment, an unlimited fine. On conviction on indictment, a fine or a sentence of imprisonment of up to 2 years, or both. Applies to PLB holder |
Merchant Shipping Notice (MSN) 1924 – EPIRB and PLB registration requirements
2.13. A Merchant Shipping Notice (MSN) 1924 (Annex B) has been drafted to supplement the new regulations. It will contain enforceable requirements and therefore is included in this consultation package. The purpose of the MSN is to:
a) specify the registration requirements for EPIRBs;
b) specify the registration requirements for PLBs.
Section 3: Responding to this consultation
3.1. There are specific questions highlighted in section 5 of this document and information on how to respond to this consultation document.
Audience
3.2. Anyone may respond to this consultation and consideration will be given to all responses. We will be particularly interested to hear from ship owners, shipping companies, protection and indemnity clubs, port and terminal operators, individuals, leisure users and other parties with an interest in shipping and the marine environment.
Duration
3.3. This consultation is open for 6 weeks (excluding the 2-week Christmas and New Year break) from 5 December 2024 (09:00). The deadline for responses is 30 January 2025 (23:59).
Submitting your response
3.4. The response form is available at Section 5 of this document. Consultation responses should be emailed to Radio@mcga.gov.uk
3.5. Any questions should be received prior to the end date of the consultation as mentioned above. It may not be possible to consider comments received after the closing date.
3.6. 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
3.7. 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.
3.8. 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.
3.9. 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.
Data Protection
3.10. The MCA is carrying out this consultation to gather evidence to inform the development and implementation of regulations and legislation in accordance with section 86(4) of the Merchant Shipping Act 1995 and section 117(2)(c) of the Railways and Transport Safety Act 2003. 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, and how to contact our Data Protection Manager can be found on gov.uk[footnote 1].
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 reply and let us know at Radio@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. Responses will be analysed during February and March 2025 with the aim to publish an overview of the responses and the MCA’s comments by April 2025. This will be available from: www.gov.uk/government/publications
4.3. Where appropriate the draft regulations, accompanying guidance and De Minimis Assessment (Annex D) will be revised to take into consideration the consultation responses.
4.4. Our aim is for the Merchant Shipping (EPIRB and PLB Registration) (Radiocommunications) (Amendment) Regulations 2025 to come into force on 12 June 2025. The Regulations will be published on www.legislation.gov.uk
4.5. Every effort will be made to publish the revised accompanying guidance on GOV.UK in advance of the Regulations coming into force.
4.6. An overview of the timetable is below for reference:
Section 5: Response form
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:
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.
List of Annexes included in this Consultation
ANNEX B - DRAFT - MSN 1924 (M+F) EPIRB and PLB registration requirements