OpenLegislation

Regulation 23 Prohibition on proceeding to sea without the appropriate documentation

(1)

No United Kingdom ship engaged on international voyages shall proceed to sea unless it has been surveyed and there is in force the following certificate or certificates—

(a)

in the case of a passenger ship, a Passenger Ship Safety Certificate, or, if the ship is only engaged on short international voyages, a short international voyage Passenger Ship Safety Certificate;

(b)

in the case of a cargo ship of 300 gross tons or more, a Cargo Ship Safety Radio Certificate;

(c)

in the case of a cargo ship of 500 gross tons or more—

(i)

a Cargo Ship Safety Radio Certificate, a Cargo Ship Safety Equipment Certificate and a Cargo Ship Safety Construction Certificate; or

(ii)

a Cargo Ship Safety Certificate.

(2)

No ship registered in a country to which the SOLAS Convention applies shall proceed to sea from a port in the United Kingdom unless there is in force such Convention Certificates that would be required if the ship were a United Kingdom ship.

(3)

Regulation 17 applies to the Convention Certificates mentioned in paragraph (2) as if the ship were a United Kingdom ship.

(4)

No cargo ship of 500 gross tons or more not engaged on international voyages shall proceed to sea from any port in the United Kingdom unless it has been surveyed and there is in force a Cargo Ship Safety Construction Certificate.

(5)

No ship registered in a country to which the SOLAS Convention does not apply shall proceed to sea from any port in the United Kingdom unless the ship is in possession of documentation which shows that the ship has been surveyed for compliance with regulations 6 to 9 as if it were a United Kingdom ship.

F1(5A)

No United Kingdom HSOSC may proceed to sea unless it has been surveyed and there is in force an HSC Code Safety Certificate for Offshore Service Craft.

(5B)

No HSOSC which is not a United Kingdom HSOSC may operate in United Kingdom waters unless it has been surveyed and there is in force—

(a)

an HSC Code Safety Certificate for Offshore Service Craft, or

(b)

a certificate of a particular name or description which is equivalent to an HSC Code Safety Certificate for Offshore Service Craft and which is specified as such in a Merchant Shipping Notice.

F2(5C)

No United Kingdom ship which intends to operate in polar waters and to which regulation 10 of the Polar Code Safety Regulations applies (requirements for passenger ships and cargo ships of 500 gross tonnage or more), may proceed to sea unless there is in force a Polar Ship Certificate.

(5D)

No ship which is not a United Kingdom ship which intends to commence a voyage from a port in the United Kingdom and as part of that voyage intends to operate in polar waters, may proceed to sea from that port unless there is in force—

(a)

in the case of a ship registered in a country to which the SOLAS Convention applies, a Polar Ship Certificate; or

(b)

in the case of a ship registered in a country to which the SOLAS Convention does not apply, a certificate that demonstrates compliance with each requirement of the Polar Code referred to in regulation 10(2) of the Polar Code Safety Regulations that applies to it.

F3(5E)

No United Kingdom cargo ship or high speed cargo craft which carries an aggregate of more than 12 persons consisting of industrial personnel, special personnel and passengers where at least one person is industrial personnel, may proceed to sea unless there is in force—

(a)

an Industrial Personnel Safety Certificate; or

(b)

until such time as a Certifying Authority issues an Industrial Personnel Safety Certificate under regulation 13C(1)(a), a statement of compliance confirming compliance with the SPS Code 2008 only.

(5F)

No cargo ship or high speed cargo craft which carries the persons referred to in paragraph (5E) and which is not a United Kingdom ship, may operate in United Kingdom waters unless there is in force—

(a)

in the case of a ship flying the flag of a State which is a party to the SOLAS Convention but which is not the United Kingdom, an Industrial Personnel Safety Certificate; or

(b)

in the case of a ship flying the flag of a State which is not a party to the SOLAS Convention, a certificate that demonstrates compliance with each requirement of the IP Code referred to in regulation 9 or 10 of the IP and SPS Regulations, as the case may be, that applies to it.

(5G)

No special purpose ship which is a United Kingdom ship may proceed to sea unless there is in force—

(a)

a Special Purpose Ship Safety Certificate; or

(b)

until such time as a Certifying Authority issues a Special Purpose Ship Safety Certificate under regulation 13D(1)(a), a statement of compliance.

(5H)

No special purpose ship which is not a United Kingdom special purpose ship, may operate in United Kingdom waters unless there is in force—

(a)

a Special Purpose Ship Safety Certificate; or

(b)

a certificate that demonstrates compliance with each requirement of the SPS Code 2008 that applies to that ship.

(6)

If a certificate is issued subject to conditions, or specifies sea areas in which the ship is certified to operate, the owner and master shall ensure that all conditions are complied with, or, as the case may be, that the ship only operates in the specified sea areas.

Annotations

Textual amendments

F1

Reg. 23(5A)(5B) inserted (9.2.2022) by The Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022 (S.I. 2022/41), regs. 1(2), 6(10) (with reg. 3)

F2

Reg. 23(5C)(5D) inserted (1.1.2026) by The Merchant Shipping (Polar Code) (Safety) Regulations 2025 (S.I. 2025/1234), reg. 1(1), Sch. para. 11 (with reg. 4)

F3

Reg. 23(5E)-(5H) inserted (19.1.2026) by The Merchant Shipping (Safety Measures for Ships Carrying Industrial Personnel and Special Personnel) Regulations 2025 (S.I. 2025/1298), reg. 1(1), Sch. para. 12(a) (with reg. 4)