Draft Merchant Shipping (Marine Equipment) Regulation 2025

Jerome Mayhew Excerpts

Tuesday 11th November 2025 General Committees

[The Parliamentary Under-Secretary of State for Transport (Keir Mather)]

I beg to move,

That the Committee has considered the draft Merchant Shipping (Marine Equipment) Regulations 2025.

It is a pleasure to serve under your chairmanship, Mr Western. The draft regulations were laid before the House on 14 October, and their purpose is to simplify marine equipment legislation by consolidating and combining regulatory changes into one piece of legislation, providing greater clarity for industry. The regulations also bring the standards and requirements for ballast water management systems within their scope, introducing a new equivalents provision and removing Government ships from the scope of the legislative regime.

In line with international requirements for ships to carry safety and counter-pollution equipment—collectively referred to as “marine equipment”—that has been approved by the ship’s flag administration, the United Kingdom implemented the Merchant Shipping (Marine Equipment) Regulations 2016, which gave effect to the EU directive on marine equipment. Following the UK’s exit from the European Union, the 2016 regulations were amended in 2019 to ensure that they would continue to operate effectively. Amendments were also made by the Merchant Shipping (Marine Equipment) (UK and US Mutual Recognition Agreement) (EU Exit) Regulations 2019, which gave effect to the UK-USA mutual recognition agreement on marine equipment by providing for the mutual recognition of certificates of conformity for designated marine equipment, thereby opening up the large US market to UK manufacturers.

The draft regulations will revoke and replace the 2016 regulations and both sets of 2019 amending regulations, and will make three changes to the UK’s marine equipment regime. First, they will bring the type approval of ballast water management systems into the scope of the regulations. In 2022, the UK implemented new International Maritime Organisation requirements and standards for ballast water management systems through the Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022. Those regulations included the type approval requirements for those systems. Bringing ballast water management systems within the scope of the marine equipment regulations will make it easier for industry to find and adhere to the relevant requirements. It will also prevent divergence in the approval processes between these systems and other items of marine equipment.

Secondly, the regulations introduce an equivalents provision to allow, subject to certain conditions, non-UK approved marine equipment to be placed on board UK vessels in situations where UK-approved items are unavailable or unsuitable. The conditions ensure that the equipment, when placed on board, will provide an equivalent level of safety.

Thirdly, the regulations will remove Government ships from scope of the marine equipment regime. That is due to the broader change in approach to Government ships, triggered in part by the limited legislative powers available post-EU exit. Following the repeal of the European Communities Act 1972, and in the absence of appropriate powers in the Merchant Shipping Act 1995, that is being done using the Retained EU Law (Revocation and Reform) Act 2023. That will facilitate the amendment of the regulations in future if required.

Since the UK’s departure from the EU, numerous engagements have been undertaken with stakeholders, including UK-approved bodies that are responsible for the approval of marine equipment, manufacturers, other Departments and maritime trade organisations. That provided an opportunity to influence the direction that the policy has taken. Once the policy direction had been developed, a six-week public consultation was carried out, during which respondents expressed support for the implementation of the proposed regulations. The Maritime and Coastguard Agency published a consultation report including responses to comments received.

[Jerome Mayhew (Broadland and Fakenham) (Con)]

The Minister is describing a really good example of draft regulations being shaped by responses to a UK consultation. Is that a Brexit benefit?

[Keir Mather]

Throughout the legislative process, both before and since Brexit, we have always worked hard on a departmental basis to engage with a broad range of stakeholders. We do so through this process as with any other, but if the hon. Member wishes to designate this as a Brexit success, I certainly will not stand in his way.

The MCA issues industry guidance through marine notices to assist the industry in understanding the requirements of the regulations, and new notices will be published alongside the regulations.

I have set out the purpose and scope of the regulations, which consolidate and simplify the UK’s marine equipment regime, thereby bringing clarity and confidence to the industry. The regulations reflect our continued commitment to uphold international standards while tailoring our legislative framework to the UK’s post-EU-exit context. I therefore commend the statutory instrument to the Committee.