# The Merchant Shipping (International Safety Management (ISM) Code) Regulations 2026, Regulation 5: Application


(1) Subject to paragraphs (2) and (3), these Regulations apply to—
(a) United Kingdom ships, wherever they may be; and
(b) non-United Kingdom ships while they are within United Kingdom waters.
(2) These Regulations do not apply to—
(a) passenger ships, other than ro-ro passenger ships and high speed passenger craft, operating exclusively in—
(i) categorised waters; or
(ii) sea area C;
(iii) sea area D; or
(iv) any combination of (i) to (iii);
(b) cargo ships, other than high speed cargo craft, which are—
(i) under 500 gross tonnage;
(ii) 500 gross tonnage or more, operating exclusively in categorised waters;
(iii) not propelled by mechanical means; or
(iv) wooden ships of primitive build;
(c) passenger submersible craft operating exclusively in—
(i) categorised waters; or
(ii) sea area C;
(iii) sea area D; or
(iv) any combination of (i) to (iii);
(d) ships of war and naval auxiliary ships;
(e) ships owned or operated by a State and engaged only on governmental non-commercial service;
(f) pleasure vessels;
(g) fishing vessels;
(h) ships solely navigating the Great Lakes of North America and the River St Lawrence as far east as a straight line drawn from Cap des Rosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, the 63rd meridian.
(3) These Regulations do not apply to a non-United Kingdom ship flying the flag of a State which is not a party to the SOLAS Convention if it would not have been in United Kingdom waters but for stress of weather or any other circumstances which the master, owner or charterer could not have prevented.
(4) Where persons are on board a ship as a consequence of—
(a) the circumstances described in paragraph (3); or
(b) an obligation laid upon the master to carry shipwrecked or other persons,
those persons are not to be taken into account for the purpose of determining the application to that ship of any provision of these Regulations.
(5) In this regulation—
“the 2000 Regulations” means the Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000;
“cargo ship” means any ship which is not a passenger ship;
“categorised waters” means the waters specified as Category A, B, C and D waters in Merchant Shipping Notice 1837(M) Amendment 3;
“fishing vessel” means a ship used for catching fish, whales, seals, walruses or other living resources of the sea;
“high speed cargo craft” means a high speed craft carrying not more than 12 passengers, which is capable of maintaining the main functions and safety systems of unaffected spaces after damage in any one compartment on board;
“high speed craft” has the meaning given in regulation 1.3 of Chapter X of the SOLAS Convention (safety measures for high speed craft: definitions) and includes a hovercraft;
“high speed passenger craft” means a high speed craft which carries more than 12 passengers;
“passenger” means a person other than—
(a) the master, a member of the crew or any other person employed or engaged in any capacity on board a ship on the business of that ship; or
(b) a child under one year of age;
“passenger ship” means a ship which carries more than 12 passengers;
“passenger submersible craft” means a passenger carrying mobile vessel which primarily operates under water and relies on surface support, including surface ships or shore-based facilities, for monitoring and for recharging—
(a) power supply;
(b) high pressure air; or
(c) life support;
“pleasure vessel” means—
(a) any vessel which at the time it is being used is—
(i) in the case of a vessel wholly owned by—
(aa) an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or
(bb) a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and
(ii) on a voyage or excursion which is one for which the owner does not receive any money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion; or
(b) any vessel wholly owned by or on behalf of a members’ club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club,
where, in the case of any vessel referred to in paragraph (a) or (b), no other payments are made by or on behalf of users of the vessel, other than by the owner; and in this definition “immediate family” means, in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual or the individual’s spouse or civil partner; and “relative” means brother, sister, ancestor or lineal descendant;
“ro-ro passenger ship” has the meaning given in regulation 3.42 of Chapter II-2 of the SOLAS Convention (Construction: Fire Protection, Fire Detection and Fire extinction: definitions);
“sea area C” means the sea area categorised as “Area C” in regulation 3A(1)(c) of the 2000 Regulations;
“sea area D” means the sea area categorised as “Area D” in regulation 3A(1)(d) of the 2000 Regulations;
and references to “passenger ship” and “cargo ship” do not include a passenger submersible craft.

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Source: https://www.legislation.gov.uk/uksi/2026/194/regulation/5 (the official version)
Page: https://openlegislation.uk/merchant-shipping-international-safety-management-ism-code-regulations-2026/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.