# The Merchant Shipping (Port State Control) Regulations 2026, Regulation 3: Interpretation


(1) In these Regulations—
“1992 Civil Liability Convention” means the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969;
“Act” means the Merchant Shipping Act 1995;
“Anti-Fouling Systems Convention” means the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001;
“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;
“black list” means the black list of States for the purposes of the Paris MOU;
“Bunkers Convention” means the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001;
“classification certificate” means a document confirming compliance with SOLAS, Chapter II-1, Part A-1, Regulation 3-1;
“classification society” means an organisation which—
(a) develops and applies technical standards for the design, construction and survey of ships, and
(b) carries out surveys and inspections on board ships;
“COLREG” means the Convention on the International Regulations for Preventing Collisions at Sea, 1972;
“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;
“competent authority” means—
(a) in relation to the United Kingdom, the Secretary of State;
(b) in relation to a member state other than the United Kingdom, the maritime authority of that member state;
“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;
“Convention enactment” means—
(a) the Act, and
(b) statutory instruments made under the Act (including statutory instruments made under an order made under the Act) which implement the Conventions;
“Conventions” means—
(a) the Load Lines Convention;
(b) the Tonnage Convention;
(c) COLREG;
(d) MARPOL;
(e) SOLAS;
(f) STCW;
(g) the SOLAS Protocol;
(h) the Load Lines Protocol;
(i) the 1992 Civil Liability Convention;
(j) the Anti-Fouling Systems Convention;
(k) the Bunkers Convention;
(l) the Ballast Water Management Convention;
(m) the MLC;
(n) the Wreck Removal Convention;
“detention notice” means a notice issued for the purposes of these Regulations in accordance with regulation 12(2);
“expanded inspection” means an inspection which covers at least the items listed in paragraph 7 of Annex 9 to the Paris MOU;
“flag administration”, in relation to a ship, means the administration of the State whose flag the ship is entitled to fly;
“flag State” means the State whose flag the ship is entitled to fly;
“grey list” means the grey list of States for the purposes of the Paris MOU;
“IMO” means the International Maritime Organization;
“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);
“inspector” means a person duly authorised by the Secretary of State to carry out inspections required by these Regulations;
“Load Lines Convention” means the International Convention on Load Lines, 1966;
“Load Lines Protocol” means the protocol of 1988 relating to the Load Lines Convention;
“MARPOL” means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocols of 1978 and 1997;
“master” includes every person (except a pilot) having command or charge of a ship;
“member state” means a State which is, or whose maritime authority is, a signatory to the Paris MOU;
“MLC” means Maritime Labour Convention, 2006;
“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;
“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;
“Paris MOU” means the Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982;
“Paris MOU region” means the geographical area in which the signatories to the Paris MOU conduct inspections in the context of the Paris MOU;
“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;
“recognised organisation” means a classification society or other body, authorised by and carrying out statutory tasks on behalf of a flag State;
“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;
“ship” includes hovercraft;
“SOLAS” means the International Convention for the Safety of Life at Sea, 1974;
“SOLAS Protocol” means the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974;
“statutory certificate” means a certificate issued by or on behalf of a flag State in accordance with a Convention;
“STCW” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978;
“Tonnage Convention” means the International Convention on Tonnage Measurement of Ships, 1969;
“Wreck Removal Convention” means the Nairobi International Convention on the Removal of Wrecks, 2007.
(2) References in these Regulations to the United Kingdom include United Kingdom waters.
(3) A reference to a “Convention” is—
(a) other than in respect of the MLC and the Tonnage Convention, to be construed—
(i) as a reference to the Convention as it is modified from time to time; and
(ii) as, if the Convention is replaced, a reference to the replacement;
(b) in respect of the MLC and the Tonnage Convention, to be construed—
(i) as a reference to the Convention as it is modified from time to time; and
(ii) as, if the Convention is replaced, a reference to the replacement,
insofar as the modification or replacement relates to all or any of the purposes set out in section 85(1) of the Act.
(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).
(5) The relevant Article is—
(a) for the Load Lines Convention, Article 29 or Article VI of the Load Lines Protocol;
(b) for the Tonnage Convention, Article 18;
(c) for COLREG, Article VI;
(d) for MARPOL, Article 16;
(e) for SOLAS, Article VIII;
(f) for STCW, Article XII;
(g) for the SOLAS Protocol, Article VI;
(h) for the Load Lines Protocol, Article VI;
(i) for the 1992 Civil Liability Convention, Article 14;
(j) for the Anti-Fouling Systems Convention, Article 16;
(k) for the Bunkers Convention, Article 16;
(l) for the Ballast Water Management Convention, Article 19;
(m) for the MLC, Article XIV;
(n) for the Wreck Removal Convention, Article 14.

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Source: https://www.legislation.gov.uk/ukdsi/2026/9780348280098/regulation/3 (the official version)
Page: https://openlegislation.uk/draft-merchant-shipping-port-state-control-regulations-2026/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.