Legislation Implementing the ISPS Code, SOLAS Chapter XI-1 Regulation 5, and SOLAS Chapter XI-2

Closed 8 May 2018

Opened 26 Mar 2018

Feedback updated 22 Jan 2019

We asked

The purpose of the Consultation was to seek comment on proposed updates to our Regulations relating to the following:

  • International Convention for the Safety of Life at Sea 1974 (SOLAS), Chapter XI-1: Special Measures to Enhance Maritime Safety - Regulation 5
  • International Convention for the Safety of Life at Sea 1974 (SOLAS), Chapter XI-2: Special Measures to Enhance Maritime Security
  • International Code for the Security of Ships and of Port Facilities (ISPS Code)

You said

We received three responses concerning minor technical matters – these comments were responded to individually, and where appropriate, addressed in the Regulations or accompanying Shipping Notice.

We did

The Regulations were laid before Tynwald on 20 November 2018 and came into operation on 1 December 2018. We also published MSN 064 to provide guidance on complying with the Regulations.

Overview

The Isle of Man Ship Registry is in the process of updating Regulations relating to the following:

  • International Convention for the Safety of Life at Sea 1974 (SOLAS), Chapter XI-1: Special Measures to Enhance Maritime Safety - Regulation 5
  • International Convention for the Safety of Life at Sea 1974 (SOLAS), Chapter XI-2: Special Measures to Enhance Maritime Security
  • International Code for the Security of Ships and of Port Facilities (ISPS Code)

SOLAS Chapter XI-1 Regulation 5 provides that every SOLAS ship must have on board a Continuous Synopsis Record (CSR). The CSR is a document which provides a traceable history of the ship with regard to the information contained therein. It is not intended to include the remainder of SOLAS Chapter XI-1 within the proposed Regulations, as the remainder does not concern maritime security.

SOLAS Chapter XI-2 and the International Ship and Port Facility Security Code (ISPS Code) form the basis of the mandatory security regime for international shipping. The ISPS Code is divided into two sections, Parts A and B. Part A outlines detailed maritime and port security related requirements which SOLAS contracting governments, port authorities and shipping companies must adhere to. Part B of the ISPS Code provides guidelines on how to meet the requirements of Part A; these are recommendatory according to the ISPS Code, however the proposed IOM Regulations will continue to adopt Parts 8-13 as mandatory.

The new Regulations will only give effect to those elements of SOLAS Chapter XI-2 and the ISPS Code which relate directly to ships and their companies. Those elements which relate to port facilities will continue be the responsibility of the Department of Infrastructure.

Why your views matter

We are grateful to receive input on the application of the above regulations from interested parties; the key points are summarised in Part 2 of the consultation paper. However, we ask interested parties to note that since these Regulations form part of an International Convention, there is limited scope for interpretation except where indicated in SOLAS or the ISPS Code.

 

What happens next

We will examine the replies to the consultation and publish a review of the responses. The responses will be used to help draft new legislation.

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