The Parliamentary Under-Secretary of State for Transport (Guy Opperman)
My noble Friend, the Parliamentary Under Secretary of State for Transport (Lord Davies of Gower) has made the following ministerial statement:
I am making this statement to record updates to maritime legislation as a result of changes to international law. This fulfils a commitment made to Parliament to make such a statement. The legislative changes came into force on 1 January 2024.
Some domestic maritime secondary legislation includes ambulatory reference provisions to give direct effect in UK law to certain amendments to international obligations. This means that where the legislation refers to a provision of an international instrument, such as a requirement in a convention, this reference will be ambulatory, i.e. a reference to the most up to date version of that provision. This approach ensures so far as possible that the UK keeps up to date with its international maritime obligations.
Amendments to mandatory requirements in the International Convention for the Safety of Life at Sea, 1974 (“SOLAS”) took effect in UK law on 1 January 2024. SOLAS, a key maritime treaty, is frequently reviewed and amended by the Member States of the International Maritime Organization (IMO) to improve safety and to take account of new technologies. The technical provisions of SOLAS are usually amended to follow a four-year cycle of entry into force.
This statement summarises the amendments which affect five chapters of SOLAS. Full details of the amendments are available on the IMO website and guidance on all the changes being made will be available on www.gov.uk.
SOLAS Chapter II-1 relates to ship construction and makes mandatory the international code of safety for ships using gases or other low-flashpoint fuels (“the IGF Code”). The substantive changes to the IGF Code apply only to ships constructed on or after 1 January 2024. These include permitting a higher loading limit for liquefied gas fuel tanks, new requirements for fuel distribution outside of machinery space, improvements to the requirements for explosion relief systems for ships with piston type internal combustion engines, improvements to the requirements for fire protection for fuel storage hold space and a requirement for fuel preparation rooms with potential ignition sources to be provided with a fixed fire-extinguishing system. Other changes to the IGF Code include improvements to the method of calculating liquefied gas fuel tank locations, aimed at preventing explosions, amendment to the list of suitable pressure relief systems, and amendments to materials that can be used for the welding of metallic materials and non-destructive testing.
Amendments to SOLAS Chapter II-1 have also been made with respect to towing and mooring equipment, vessel stability, subdivision, watertight and weathertight integrity, and stability management. For towing and mooring, there are now more specific requirements for ships built from 1 January 2024 relating to the design of mooring arrangements, mooring equipment and fittings. Existing guidance on shipboard towing and mooring equipment has also been revised for ships built from 1 January 2007 and from 1 January 2024.
Chapter II-1 also contains technical regulations which set out complex requirements for vessel subdivision and stability. The IMO has developed explanatory notes for these requirements. A new provision has been included in SOLAS Chapter II-1 which aims to improve stability management by providing requirements for water level detectors specifically for multiple hold cargo ships, other than bulk carriers and tankers. Finally, there are editorial amendments to the requirements regarding the emergency source of electrical power in passenger ships and cargo ships.
SOLAS Chapter II-2 contains rules for fire protection, detection and prevention and makes mandatory the international code for Fire Safety Systems (“the FSS Code”). An amendment has been made to remove the need for costly isolators to be fitted to fire detector units with individually locating detectors on cargo ships and passenger ship cabin balconies. The wording of some of the requirements for inert gas fixed firefighting systems has also been amended.
SOLAS Chapter III makes provision for life-saving appliances and arrangements on ships and gives effect to the International Life-Saving Appliances Code (“the LSA Code”). The LSA Code has been amended to remove the requirement for lifeboats that have two independent propulsion systems, where the arrangement consists of two separate engines, shaft lines, fuel, tanks, piping systems and any other associated ancillaries, to carry oars. The requirement for oars continues to apply to all other lifeboats except free-fall lifeboats. The second amendment allows the launching and recovery of reserve rescue boats on certain types of lighter ships to be made by manual means, such as mechanical hand-operated winches, subject to minor qualifying criteria. The third amendment removes the requirement for free-fall lifeboats to be capable of being launched and towed when the ship is making headway at a speed of not more than 5 knots in calm water.
SOLAS Chapter III is also amended in relation to the survival craft embarkation and launching arrangements applicable to cargo ships of 20,000 gross tonnage and above. The amendment has the effect of applying the requirement to davit-launched lifeboats, rather than to all lifeboats.
SOLAS Chapter IV relates to radiocommunications. A comprehensive review of the Global Maritime Distress and Safety System (GMDSS) was undertaken in the IMO to modernise the GMDSS communications, remove obsolete requirements and to update guidance. SOLAS chapter IV has been revised, with consequential amendments to other SOLAS Chapters, to reflect the IMO’s findings and consolidate the requirements. There is a new obligation for two-way distress alerting radios to automatically include the position of the ship. In the case of malfunction of the source navigation receiver, the position and time of the position fix must be manually updated in the radio at least every four hours.
Chapter X of SOLAS gives effect to the high-speed craft codes, 1994 and 2000, which prescribe the standards for construction and operation of seagoing commercial high-speed craft such as hovercraft, catamarans and hydrofoils. The requirements for life-saving radiocommunication appliances have been moved within these codes as a consequence of the decision to move the life-saving radiocommunications requirements from SOLAS Chapter III (life-saving appliances) to SOLAS Chapter IV (radiocommunications).
[HCWS194]