{
  "url": "https://openlegislation.uk/draft-merchant-shipping-port-state-control-regulations-2026/note",
  "json_url": "https://openlegislation.uk/draft-merchant-shipping-port-state-control-regulations-2026/note.json",
  "legislation": "ukdsi/2026/9780348280098",
  "legislation_title": "The Merchant Shipping (Port State Control) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-merchant-shipping-port-state-control-regulations-2026",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThe United Kingdom is a signatory to the Paris Memorandum of Understanding on Port State Control which provides an international regime for the enforcement of standards for ship safety, pollution prevention and shipboard living and working conditions.\nThese Regulations revoke and replace the Merchant Shipping (Port State Control) Regulations 2011 (S.I. 2011/2601) (the 2011 Regulations) which apply to ships that are flagged with foreign States and which call at a port or anchorage in the United Kingdom. The 2011 Regulations are secondary assimilated EU law within the meaning of section 12(2) of the Retained EU Law (Revocation and Reform) Act 2023 (c.28).\nIn these Regulations—\nregulations 1 to 8 set out the commencement, extent, revocation and interpretive provisions and information about the ships to which the Regulations apply and inspections of those ships;\nregulations 9 provides for the prior notification requirements relating to a ship due to call at a port or anchorage within the United Kingdom;\nregulation 10 and Schedule 1 provide for an inspection report to be completed following an inspection of a ship and for a copy to be provided to the master of the ship and regulation 11 and Schedule 2 provide for the qualification criteria to be satisfied by inspectors;\nregulation 12 and Schedule 3, regulations 13 to 14 deal with all the matters related to the rectification and detention of ships and circumstances when such ships may be permitted to proceed to an appropriate repair yard;\nregulations 15 to 17, provide for the issuing of refusal of access notices to ships and the effect of such notices;\nregulation 18 provides for exceptional circumstances under which prohibited ships may be permitted to enter a port;\nregulations 19 to 21 set out rights of appeal, arbitration and compensation in relation to these Regulations;\nregulation 22 provides for the additional application of regulation 20 and 21 to certain specified Regulations;\nregulations 23 and 24 impose a duty on pilots and port authorities to report anomalies concerning ship arrivals and departures;\nregulation 25 makes provision in relation to complaints about a ship made to the Secretary of State and regulation 26 makes provision as to the payment of costs for inspections in connection with a refusal of access notice or detention of a ship;\nregulation 27 provides for offences and penalties for contraventions of these Regulations;\nregulation 28 and Schedule 4 set out the consequential amendments and revocations that need to be made to other Statutory Instruments in order to update cross-references to the Merchant Shipping (Port State Control) Regulations 2011.\nA full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.\nInstead, a de minimis assessment has been prepared and has been published, with an Explanatory Memorandum, alongside the instrument on www.legislation.gov.uk.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348280098/note",
    "retrieved_at": "2026-10-30T14:37:45.200804+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}