{
  "url": "https://openlegislation.uk/draft-merchant-shipping-port-state-control-regulations-2026/regulation-3",
  "json_url": "https://openlegislation.uk/draft-merchant-shipping-port-state-control-regulations-2026/regulation-3.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": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Interpretation",
  "text": "(1) In these Regulations—\n“1992 Civil Liability Convention” means the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969;\n“Act” means the Merchant Shipping Act 1995;\n“Anti-Fouling Systems Convention” means the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001;\n“Ballast Water Management Convention” means the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004, including its Annex and Appendices;\n“black list” means the black list of States for the purposes of the Paris MOU;\n“Bunkers Convention” means the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001;\n“classification certificate” means a document confirming compliance with SOLAS, Chapter II-1, Part A-1, Regulation 3-1;\n“classification society” means an organisation which—\n(a) develops and applies technical standards for the design, construction and survey of ships, and\n(b) carries out surveys and inspections on board ships;\n“COLREG” means the Convention on the International Regulations for Preventing Collisions at Sea, 1972;\n“company” means the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming the responsibility, has agreed to take over all the duties and responsibilities imposed by the International Safety Management Code;\n“competent authority” means—\n(a) in relation to the United Kingdom, the Secretary of State;\n(b) in relation to a member state other than the United Kingdom, the maritime authority of that member state;\n“complaint” means any information or report submitted by a person or organisation with a legitimate interest in the safety of the ship, including an interest in safety or health hazards to its crew, on-board living and working conditions and the prevention of pollution;\n“Convention enactment” means—\n(a) the Act, and\n(b) statutory instruments made under the Act (including statutory instruments made under an order made under the Act) which implement the Conventions;\n“Conventions” means—\n(a) the Load Lines Convention;\n(b) the Tonnage Convention;\n(c) COLREG;\n(d) MARPOL;\n(e) SOLAS;\n(f) STCW;\n(g) the SOLAS Protocol;\n(h) the Load Lines Protocol;\n(i) the 1992 Civil Liability Convention;\n(j) the Anti-Fouling Systems Convention;\n(k) the Bunkers Convention;\n(l) the Ballast Water Management Convention;\n(m) the MLC;\n(n) the Wreck Removal Convention;\n“detention notice” means a notice issued for the purposes of these Regulations in accordance with regulation 12(2);\n“expanded inspection” means an inspection which covers at least the items listed in paragraph 7 of Annex 9 to the Paris MOU;\n“flag administration”, in relation to a ship, means the administration of the State whose flag the ship is entitled to fly;\n“flag State” means the State whose flag the ship is entitled to fly;\n“grey list” means the grey list of States for the purposes of the Paris MOU;\n“IMO” means the International Maritime Organization;\n“initial inspection” means an inspection in order to check compliance with the relevant Conventions including at least the checks set out in regulation 7(1);\n“inspector” means a person duly authorised by the Secretary of State to carry out inspections required by these Regulations;\n“Load Lines Convention” means the International Convention on Load Lines, 1966;\n“Load Lines Protocol” means the protocol of 1988 relating to the Load Lines Convention;\n“MARPOL” means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997;\n“master” includes every person (except a pilot) having command or charge of a ship;\n“member state” means a State which is, or whose maritime authority is, a signatory to the Paris MOU;\n“MLC” means Maritime Labour Convention, 2006;\n“more detailed inspection” means an inspection including an in-depth examination of the areas mentioned in paragraphs 4 and 5 of Annex 9 to the Paris MOU;\n“owner” includes, in relation to a ship, any individual or company, an operator, manager, charterer or agent who has assumed responsibility for the operation of the ship;\n“Paris MOU” means the Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982;\n“Paris MOU region” means the geographical area in which the signatories to the Paris MOU conduct inspections in the context of the Paris MOU;\n“port authority” means a harbour authority within the meaning of section 57(1) of the Harbours Act 1964 or, in Northern Ireland, of section 38(1) of the Harbours Act (Northern Ireland) 1970, or if there is no such authority, the person having control of the operation of the port;\n“recognised organisation” means a classification society or other body, authorised by and carrying out statutory tasks on behalf of a flag State;\n“refusal of access notice” means a notice issued by a member state in respect of a ship, stating that the ship will be refused access to all ports and anchorages in the territory of any member state;\n“ship” includes hovercraft;\n“SOLAS” means the International Convention for the Safety of Life at Sea, 1974;\n“SOLAS Protocol” means the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974;\n“statutory certificate” means a certificate issued by or on behalf of a flag State in accordance with a Convention;\n“STCW” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978;\n“Tonnage Convention” means the International Convention on Tonnage Measurement of Ships, 1969;\n“Wreck Removal Convention” means the Nairobi International Convention on the Removal of Wrecks, 2007.\n(2) References in these Regulations to the United Kingdom include United Kingdom waters.\n(3) A reference to a “Convention” is—\n(a) other than in respect of the MLC and the Tonnage Convention, to be construed—\n(i) as a reference to the Convention as it is modified from time to time; and\n(ii) as, if the Convention is replaced, a reference to the replacement;\n(b) in respect of the MLC and the Tonnage Convention, to be construed—\n(i) as a reference to the Convention as it is modified from time to time; and\n(ii) as, if the Convention is replaced, a reference to the replacement,\ninsofar as the modification or replacement relates to all or any of the purposes set out in section 85(1) of the Act.\n(4) for the purposes of paragraph (3) a Convention is modified or replaced if the modification or replacement takes effect in accordance with the relevant Article referred to in paragraph (5).\n(5) The relevant Article is—\n(a) for the Load Lines Convention, Article 29 or Article VI of the Load Lines Protocol;\n(b) for the Tonnage Convention, Article 18;\n(c) for COLREG, Article VI;\n(d) for MARPOL, Article 16;\n(e) for SOLAS, Article VIII;\n(f) for STCW, Article XII;\n(g) for the SOLAS Protocol, Article VI;\n(h) for the Load Lines Protocol, Article VI;\n(i) for the 1992 Civil Liability Convention, Article 14;\n(j) for the Anti-Fouling Systems Convention, Article 16;\n(k) for the Bunkers Convention, Article 16;\n(l) for the Ballast Water Management Convention, Article 19;\n(m) for the MLC, Article XIV;\n(n) for the Wreck Removal Convention, Article 14.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Cm 3432, which may be found on the Foreign, Commonwealth & Development Office treaties database (https://treaties.fcdo.gov.uk/data/Library2/pdf/1996-TS0086.pdf). The Protocol was previously published as “Miscellaneous No. 36 (1994) Cm 2657”. The Protocol of 1992 may be obtained in hard copy from the International Maritime Organization, 4 Albert Embankment, London, SE1 7SR."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Cm 8284, which may be found on the Foreign, Commonwealth & Development Office treaties database (https://treaties.fcdo.gov.uk/data/Library2/pdf/2012-TS0013.pdf). The Convention was previously published as “Miscellaneous No. 13 (2009) Cm 7781”. The Convention may be obtained in hard copy from the International Maritime Organization, 4 Albert Embankment, London, SE1 7SR."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "CP 557, which may be found on the National Archives database ( https://assets.publishing.service.gov.uk/media/6184f8fe8fa8f52979b6cbd4/MS_6.2021_Convention_Ships_Ballast_Water_Sediment_2004.pdf). The Convention was adopted on 13th February 2004 by the International Conference on Ballast Water Management for Ships, 2004, convened by the International Maritime Organization. It entered into force on 8th September 2017 and has been amended by IMO Resolutions 2018 MEPC.296(72), 2018 MEPC.297(72), 2018 MEPC.299(72) and 2020 MEPC.325(75). The Convention is available from the International Maritime Organization, 4 Albert Embankment, London, SE1 7SR."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "The list of States on the black list can be found via this link - https://parismou.org/Statistics%26Current-Lists/white-grey-and-black-list."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Cm 8489, which may be found on the Foreign, Commonwealth & Development Office treaties database (https://treaties.fcdo.gov.uk/data/Library2/pdf/2012-TS0047.pdf). The Convention was previously published as “Miscellaneous No. 8 (2005) Cm 6693”. The Convention may be obtained in hard copy from the International Maritime Organization, 4 Albert Embankment, London, SE1 7SR."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Cmnd. 6962, which may be found on the Foreign, Commonwealth & Development Office treaties database (https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=67638). The Convention was previously published in “Miscellaneous No. 28 (1973), Cmnd. 5471”. The Convention was amended in 1981, 1987, 1989, 1993, 2001, 2009 and 2016. The Convention may be obtained in hard copy from the International Maritime Organization, 4 Albert Embankment, London, SE1 7SR."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Also referred to as the ISM Code and adopted by IMO resolution A.741(18) on 4 November 1993. The code has been subsequently amended by IMO resolution MSC.104(73), MSC.179(79), MSC.195(80), MSC.273(85) and MSC.353(92). The Code and relevant amendments may be obtained in hard copy from the International Maritime Organization, 4 Albert Embankment, London, SE1 7SR."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "The list of States on the grey list can be found via this link - https://parismou.org/Statistics%26Current-Lists/white-grey-and-black-list."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Cmnd. 3708, which may be found on the Foreign, Commonwealth & Development Office treaties database (https://treaties.fcdo.gov.uk/data/Library2/pdf/1968-TS0058.pdf). The English text of the Convention was first published as part of “Miscellaneous No. 9 (1966) Cmnd. 3070”. The Convention was modified by the Protocol of 1988 and amended by IMO Resolutions A.972(24), A.1082(28) and A.1083(28). The Protocol was amended by IMO Resolutions MSC.143(77), MSC.172(79), MSC.223(82), MSC.270(85), MSC.329(90), MSC.345(91), MSC.356(92), MSC.375(93) and MSC491(104). The Convention may be obtained in hard copy from the International Maritime Organization, 4 Albert Embankment, London, SE1 7SR The text of IMO Resolutions A.972(24), A.1082(28) and A.1083(28) may also be obtained in hard copy from the International Maritime Organization, or in Marine Information Note 560(M) issued by the Maritime Coastguard Agency and which is available in hard copy by prior appointment with the Maritime & Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk). See the definition of “Load Lines Protocol” for more information about the Protocol of 1988."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "Cm 4829, which may be found on the Foreign, Commonwealth & Development Office treaties database (https://treaties.fcdo.gov.uk/data/Library2/pdf/2000-TS0100.pdf). The Protocol was previously published as “Miscellaneous No. 26 (1999) Cm 4419”. The Protocol was amended by IMO Resolutions MSC.143(77), MSC.172(79), MSC.223(82), MSC.270(85), MSC.329(90), MSC.345(91), MSC.356(92), MSC.375(93) and MSC.491(104). The text of the amendments to the Protocol up to and including those made by IMO Resolution MSC.375(93) may be obtained from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or in Marine Information Note 560(M) issued by the MCA and available in copy from Spring Place, 105 Commercial Road, Southampton SO15 1EG or on https://www.gov.uk."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "The Convention was published in Cmnd. 5748, and amended by the Protocols of 1978 (Cmnd. 7347) and 1997 (Cm. 4427). Hard copies of the Command Papers are available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London, SW1A 0PW. The Parliamentary Archives catalogue numbers are as follows: HL/PO/JO/10/11/1853/505 (Cmnd. 5748), HL/PO/JO/10/11/1959/2033 (Cmnd. 7347) and HL/PO/JO/10/11/3156/2285 (Cm. 4427). Annex V to MARPOL has been amended by a number of International Maritime Organization (“IMO”) Resolutions, most recently by MEPC.277(70). The amendments are available from the IMO of 4 Albert Embankment, London, SE1 7SR."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "Cm 9364, which may be found on the Foreign, Commonwealth & Development Office treaties database (https://treaties.fcdo.gov.uk/data/Library2/pdf/2016-TS0037.pdf). The Convention was previously published by the Department for Work and Pensions as “Cm No. 7049 (2007)”. The Convention may be obtained in hard copy from the International Maritime Organization, 4 Albert Embankment, London, SE1 7SR."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "The Paris MOU may be obtained in hard copy from the Secretariat Paris MOU on PSC, P.O. Box 16191, 2500 BC The Hague, The Netherlands, or found on their database ( https://parismou.org/system/files/2025-06/Paris%20MoU%20including%2046th%20amendment%20.pdf) or obtained in hard copy by prior appointment with the Maritime & Coastguard Agency, Spring Place, 105 Commercial Road, Southampton, SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk)."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "1964 c. 40; there are amendments to section 57(1) not relevant to these Regulations."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "1970 c. 1 (N.I.)."
    },
    {
      "type": "footnote",
      "label": "f16",
      "text": "“Ship” is defined in section 313(1) of the Merchant Shipping Act 1995 (c. 21)."
    },
    {
      "type": "footnote",
      "label": "f17",
      "text": "Cmnd. 7874, which may be found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=79786). SOLAS may be obtained in copy from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR. SOLAS was modified by its Protocol of 1978 (Cmnd. 8277) (https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=68013), which was replaced and abrogated by the Protocol of 1988 (Cm 5044) ( https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=69573) with respect to the parties to the 1988 Protocol. The amendments to SOLAS are available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR or found on the Foreign, Commonwealth and Development Office treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/). Hard copies of the Command Papers are available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW. The Parliamentary Archives catalogue numbers for the Command Papers are HL/PO/JO/10/11/2031/2878 (Cmnd 7874), HL/PO/JO/10/11/1959/2032 (Cmnd 8277) and HL/PO/JO/10/11/3156/2280 (Cm 5044)."
    },
    {
      "type": "footnote",
      "label": "f18",
      "text": "Cm 5044, which may be found on the Foreign, Commonwealth & Development Office treaties database (https://treaties.fcdo.gov.uk/data/Library2/pdf/2001-TS0011.pdf). The Protocol was previously published as “Miscellaneous No. 27 (1999) Cm 4420”. The Protocol of 1988 may be obtained in hard copy from the International Maritime Organization, 4 Albert Embankment, London, SE1 7SR."
    },
    {
      "type": "footnote",
      "label": "f19",
      "text": "Cmnd 7543. The Annex to the STCW Convention was replaced in full in 2010 following the Manila Conference. The Convention has since been amended by IMO Resolutions MSC.373(93), MSC.396(95) and MSC.416(97). The STCW Convention and the amendments to it are available from the International Maritime Organization of 4 Albert Embankment, London SE1 7SR. Hard copies of the Command Papers are available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW."
    },
    {
      "type": "footnote",
      "label": "f20",
      "text": "Cmnd. 8716, which may be found on the Foreign, Commonwealth & Development Office treaties database (https://treaties.fcdo.gov.uk/awweb/pdfopener?md=1&did=68110). The Convention was previously published as “Miscellaneous No. 6 (1970) Cmnd. 4332”. The Convention may be obtained in copy from the International Maritime Organization, 4 Albert Embankment, London, SE1 7SR."
    },
    {
      "type": "footnote",
      "label": "f21",
      "text": "Cm 9315, which may be found on the Foreign, Commonwealth & Development Office treaties database (https://treaties.fcdo.gov.uk/data/Library2/pdf/2016-TS0030.pdf). The Convention was previously published as “Miscellaneous No. 5 (2011) Cm 8243”. The Convention may be obtained in hard copy from the International Maritime Organization, 4 Albert Embankment, London, SE1 7SR. Additionally, the Wreck Removal Convention Act 2011 (c. 8) inserted Part 9A and Schedule 11ZA into the Merchant Shipping Act 1995 to implement the requirements and text of the Nairobi International Convention on the Removal of Wrecks."
    },
    {
      "type": "footnote",
      "label": "f22",
      "text": "“United Kingdom waters” is defined in section 313(2)(a) of the Merchant Shipping Act 1995 (c. 21)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348280098/regulation/3",
    "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."
}