Consultation Document: The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 and accompanying Code, The Code of Practice for Small Vessels in Commercial use for Sport or Pleasure (“Sport or Pleasure Vessel Code”)
Published 4 December 2024
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Section 1: Overview of this Consultation
Aim
1.1. This consultation seeks your views on a new Statutory Instrument (SI) and accompanying code, The Code of Practice for Small Vessels in Commercial use for Sport or Pleasure (“Sport or Pleasure Vessel Code”).
1.2. The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 (“the new Regulations”) will apply to vessels used commercially for Sport or Pleasure. The new Regulations will apply to seagoing United Kingdom vessels wherever they may be and to other seagoing vessels operating from United Kingdom ports whilst in United Kingdom waters.
1.3. The new Regulations will revoke and replace the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 (S.I. 1998/2771) (“the 1998 Regulations”). The new Regulations will give effect to two Codes of Practice: Part A of the REG Yacht Code for large vessels of 24 metres or more load line length and the new “Sport or Pleasure Vessel Code” for small vessels of less than 24 metres load line length. The new Regulations will provide a more coherent legal framework for operators of large or small vessels operating commercially for sport or pleasure.
1.4. Part A of the REG Yacht Code already has effect. The REG Yacht Code is not the subject of this consultation; however, the new Regulations will continue to give effect to this Code as well as set out comprehensive requirements for the survey and certification of large vessels.
1.5. The new Sport or Pleasure Vessel Code reflects the development of standards since the publication of the previous editions, addresses a number of key Marine Accident Investigation Branch (MAIB) recommendations into improving safety standards for vessels in this sector and contains a regulatory framework for vessels using alternative fuel sources and propulsion types that will keep the UK at the forefront of decarbonising the shipping industry.
1.6. The new Regulations also make consequential amendments to other instruments to ensure that the requirements for vessels in commercial use for sport or pleasure apply consistently across the maritime regulatory framework.
Views Sought
1.7. Consultees are invited to comment on any aspect of this consultation. A more in-depth explanation of the areas for consideration can be found in Section 2 of this document.
1.8. A full list of consultation questions you are specifically invited to respond to is contained in Section 5 of this consultation. We are interested to know your views on the draft of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 which can be found in Annex A and the accompanying Code which can be found in Annex B of this consultation document.
Deadline for responses
1.9. Responses are welcomed from 4 December 2024 until 25 February 2025.
1.10. Following the conclusion of this consultation and consideration of the feedback, the new Regulations and associated documents will be finalised, including any revisions made as a result of this consultation.
Section 2: Areas for Consideration
Background
2.1. Part A of the REG Yacht Code is applicable to vessels (e.g. yachts) which are 24 metres and over in load line length in commercial use for sport or pleasure and which do not carry more than 12 passengers. It has been developed jointly by the United Kingdom, its overseas territories and crown dependencies, and international industry representatives. The REG Yacht Code prescribes standards of safety, and points operators to existing pollution prevention requirements, which are appropriate to the size and type of the vessel. The standards applied are either set by the relevant International Conventions or by equivalent standards where it is not reasonable or practicable for such vessels to comply.
2.2. In 1998, four small vessel Codes of Practice were published to set standards for commercially operating small vessels. For vessels operating commercially for the purposes of sport or pleasure, these were the Safety of Small Commercial Motor Vessels (“the Yellow Code”), the Safety of Small Commercial Sailing Vessels (“the Blue Code”) and the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point (NDP) (“the Red Code”). The remaining Code of Practice, the Safety of Small Workboats & Pilot Boats (“the Brown Code”), set standards for workboats and pilot boats. These Codes set national standards and were generally accepted by industry because they could be easily referenced and understood, and compliance with them disapplied a number of statutory instruments for these vessels whilst creating a level playing field within the sector. The Codes were recognised internationally by some national maritime administrations as a basis for setting equivalent safety standards, and as a basis for setting standards for their own vessels. As a result, UK flagged small commercial vessels were able to operate widely across the UK and in Europe.
2.3. In 2004 the four Codes of Practice were consolidated into a harmonised Code of Practice which was issued as Marine Guidance Note 280 (M) (“MGN 280”). This aimed to create one Code of Practice to serve both workboats and pilot boats, and vessels operating commercially for sport or pleasure.
2.4. As the small vessel sector developed the harmonised approach in MGN 280 resulted in specific areas of the workboat industry (such as the offshore windfarm sector) were not appropriately covered by the Code of Practice, and work to divide the Codes of Practice to create a distinct updated set of standards for the workboat industry which would replace both the Brown Code and MGN 280 was undertaken.
2.5. In 2018 a revised version of the Workboat Code (“Workboat Code Edition 2”) was published. In 2023 the Workboat Code was updated further, and the Workboat Code Edition 3 was published as a replacement.
Many of the changes proposed for implementation in the Workboat Code Edition 3 are also very relevant to the Sport or Pleasure industry and the work required to update the legislation and harmonise the remaining Colour Codes (Blue, Yellow and Red) and MGN 280 to create a new single, comprehensive Code of Practice for small vessels in commercial use for sport or pleasure is now complete.
2.6. The latest version of the Code (the “Sport & Pleasure Vessel Code”) clearly separates the requirements for small vessels in commercial use for sport or pleasure from workboats and brings the Code up to date with the development of standards since the publication of the previous editions.
Application
2.7. The new Regulations will apply to any vessel not carrying more than twelve passengers which is used commercially for sport or pleasure. Therefore, the new Regulations do not apply to any vessels that are pleasure vessels which, as is well known across the industry, are defined in this and other maritime legislation as vessels used on a private and/or non-commercial basis. The new Regulations will cover seagoing United Kingdom vessels wherever they are and other seagoing vessels operating from United Kingdom ports whilst in United Kingdom waters.
Proposed Changes
2.8. The 1998 Regulations are being revoked and replaced as they do not provide a coherent legal framework setting out the survey and certification process for the vessels they are intended to cover and how such vessels may continue to comply, or fail to comply, following certification. There are ambiguities and inconsistencies in the 1998 Regulations that should be addressed at the earliest possible opportunity so vessel owners and operators can continue to operate in confidence that they are fulfilling their legal obligations.
2.9. The new Regulations will be made in the exercise of the safety powers conferred by sections 85(1), (3)(a), (c) to (l) and (n) to (q), (5) to (7) and 86(1)(a), (b), (c) and (d) and 302(1) of the Merchant Shipping Act 1995 and is domestic legislation to support this growing sector.
2.10. The introduction of the new Regulations and Sport or Pleasure Vessel Code will clarify and give legal certainty to the certification process and set out clear, updated requirements for small commercial vessels engaged in racing activities, vessels engaged as race support boats and vessels operating as beachcraft in commercial use. The new Regulations and Sport or Pleasure Vessel Code also set out clearer obligations for owners, operators and Certifying Authorities with regards emergency examinations following an incident.
2.11. The transitional arrangements are outlined in Appendix 8 of the Sport or Pleasure Vessel Code and set out the phase in periods for existing vessels that are certificated under the original Codes of Practice for the Safety of Small Commercial Vessels (“the Yellow Code”, “the Blue Code” and “the Red Code”), or their equivalent standard published in the technical Annex to MGN 280 (M).
2.12. The proposal is subject to De Minimis Assessment (DMA) no. DfTDMA307 which is included in this consultation document at Annex C, and which includes further details of all the proposed amendments to the existing small commercial vessel codes.
Summary of Options and Recommendation
2.13. The options being considered are:
Option 0- Do Nothing scenario.
One option would be to do nothing which would be the continuation of the current position which does not provide a coherent legal framework and certification process for the vessels it is intended to cover. This option is not viable because clarity is required, and the current small commercial vessel codes does not provide satisfactorily standards for this growing sector.
Option 1 – Retain the current SI 1998/2771 and encourage voluntary application of the replacement Sport or Pleasure Code of Practice.
This would be the continued application of the current legal framework, including its inconsistencies and ambiguities, and a significantly weaker requirement for any technical standards. This option is not viable because legal clarity is required, and a voluntary small commercial vessel code of practice would not deliver a satisfactory uptake in compliance with more appropriate and up to date standards for this growing sector.
Options 0 and 1 are not viable as clarity is required, and the current regulations and code do not provide satisfactory standards for this growing sector. These options have not been considered further.
Option 2 – Amend Legislation and publish a Statutory Code.
This is the preferred option: the introduction of the revised Sport or Pleasure Vessel Code along with legislation giving effect to it. This Code has been developed to address the regulatory gaps and ambiguities present in the current codes of practice. This Code is statutory, providing a pragmatic standard of safety appropriate for the construction and operation of small vessels in commercial use for sport or pleasure with backing from the industry.
2.14. The preferred option is Option 2. To amend legislation and to give these required vessels bespoke legislation to improve safety, provide clarity and reduce unnecessary burdens between the Administration and its Operators while focusing on making it a more level playing field.
Supporting Information
Merchant Shipping Notice
2.15. It is our intention to publish a Merchant Shipping Notice, to accompany the publication of the new Sport or Pleasure Vessel Code, which is expected to come into force in 2025. This will outline what vessel owners/operators will be required to follow to continue to operate.
2.16. The draft of the Sport or Pleasure Vessel Code can be found at Annex B as part of this consultation.
Offences and Penalties
2.17. The MCA, as the UK’s maritime regulatory and enforcement authority, has responsibility for both delivering and enforcing the Government’s maritime technical 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.
2.18. 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 technical 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 approach, in line with the MCA’s published enforcement procedures, is to use these civil sanctions whenever possible before using criminal offences.
2.19. 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.
2.20. 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 level 5 on the standard scale; and
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on indictment, an unlimited fine or imprisonment for a maximum of two years, or both.
2.21. The enforcement arrangements are set out in Part 6 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 24(1) | Proceeding, or attempting to proceed, to sea or on any voyage, or arrive within United Kingdom waters in breach of the requirements in or under the new Regulations: 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 24(2) | Contravening the prohibition on altering etc. a certificate, or failing to surrender a certificate if required to do so: the person in question 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 the person in question. |
2.22. Where a vessel is managed by a person other than its owner (whether on behalf of the owner or some other persons or on that person’s own behalf) a reference to the owner is to be construed as including a reference to that person.
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.
Consultees
3.2. While the consultation is published on GOV.UK for any member of the public who wishes to read it and/or respond to it. The Maritime & Coastguard Agency (MCA) has specifically notified other Maritime Associations such as Certifying Authorities, Recognised Organisations, the Professional Charter Association, the Professional Boatmans Association and other interested parties, including other Government departments and devolved Administrations.
Duration
3.3. Regular engagement has taken place with those with an interest in this consultation throughout the development of this technical objective therefore this consultation is open for 12 weeks from 4 December 2024. The deadline for responses is midnight on 25 February 2025.
Submitting your response
3.4. The preference is for consultation responses to be emailed to Codes@mcga.gov.uk. Any questions should also be sent to this email address. You can also send in your response by post.
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 most 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 regulatory decisions and legislation under the enabling provisions of the Merchant Shipping Act 1995 Part IV Section 86. 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:
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 Codes@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 Winter 2024/5. Our aim is to publish an overview of the responses and the MCA’s comments in early 2025, which will be available on www.gov.uk along with the consultation.
4.3. Where appropriate the draft Regulations/Guidance, accompanying guidance and impact assessment will be revised to take into consideration the consultation responses.
4.4. Our aim is for the Regulations to come into force Spring 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 Regulations coming into force.
4.6. An indicative 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 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.
List of Annexes Included in this Consultation
The following Annexes can be found with this consultation document on the
Gov.UK web site: www.gov.uk/government/publications