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This publication is available at https://www.gov.uk/government/publications/mgn-677-m-guidance-on-the-merchant-shipping-high-speed-craft-regulations-2022-si-20221219/mgn-677-m-guidance-on-the-merchant-shipping-high-speed-craft-regulations-2022-si-20221219-and-the-high-speed-craft-codes-1994-and-2000

This Marine Guidance Note provides guidance to clarify the application of certain requirements in Chapter X of the Annex to the International Convention for the Safety of Life at Sea, 1974 (SOLAS), including the High Speed Craft (HSC) Codes, 1994 and 2000.

1.1 This MGN provides guidance to assist with the understanding of certain aspects of the International Maritime Organization (IMO) High Speed Craft (HSC) Codes 1994 and 2000, applied in UK law by the Merchant Shipping (High Speed Craft) Regulation 2022 (SI 2022/1219) (“the new Regulations”), which the Maritime and Coastguard Agency (MCA) considers do need clarification.

1.2 The new Regulations give effect to updates to Chapter X of the Annex to the International Convention for the Safety of Life at Sea, 1974 (SOLAS), including the HSC Codes, 1994 and 2000, since its last implementation into UK law (when amendments by the Merchant Shipping (Passenger Ships on Domestic Voyages) (Amendment) Regulations 2012 (SI 2012/2636) to the Merchant Shipping (High Speed Craft) Regulations 2004 (SI 2004/0302) came into force). The new Regulations also introduce an ambulatory reference provision to bring into force in UK law any future technical amendments to Chapter X and the Codes at the same time as they come into force internationally, without the requirement for additional secondary legislation. The UK government will retain the power to prevent any such amendments taking effect in UK law.

1.3 International instruments (including SOLAS) not only impose mandatory requirements on ships etc. but also allow discretion as to how to implement certain requirements (often in accordance with internally agreed guidance). Therefore, the international text does not in all cases provide sufficient clarity for the requirements to be fully understood and implemented domestically. This includes situations, for example, where the international obligation provides that a ship builder, shipowner or operator is required to do something “to the satisfaction of the Administration”. This MGN therefore provides additional guidance and clarification to assist the reader with compliance with the obligations contained in Chapter X (including the HSC Code 1994 and the HSC Code 2000) where this is considered necessary. However, it should also be borne in mind that the IMO has designed the HSC Codes so as to set risk-based standards. This approach provides additional flexibility over the more traditional, prescriptive approach, but means that fewer definite outcomes can be set out in this MGN. In cases of doubt, the reader should contact their local MCA Marine Office for further clarification.

1.4 This MGN does not cover Chapter X and the Codes provision by provision, but instead addresses only those provisions which are considered to require clarification. This includes some instances where the HSC Codes provide that something must be done to the “satisfaction of the Administration”. Where we have not provided any such clarification, this is because there is no single prescriptive arrangement, or a sufficiently small number of options, which can be set out in this MGN.

2.1 The HSC Codes are risk-based; due to this the overall safety standard of the vessel is assessed holistically and this approach forms the basis for the HSC Codes throughout. The Codes marked a shift in stance by the IMO from wholly prescriptive regulation to a goal-based approach due to the unique and varying nature of these types of vessels. This is explained in the preamble to each of the HSC Codes 1994 and 2000.

2.2 The Merchant Shipping (High Speed Craft) Regulations 2004 applied the HSC 1994 and 2000 Codes so as to enable updates to them to be given effect in UK law, and require high speed craft to comply with the Codes based on their construction date (or the dates on which they underwent major repairs etc.).

2.3 During the construction of HSC vessels, a significant number of items are required to be done “to the satisfaction of the Administration”. It is not possible or practical to prescribe all the matters in respect of which the Administration must be satisfied. The high speed craft as-a-whole is risk assessed and the intended aim of the new regulatory framework is assessed along with Failure Mode Effect and Analysis (FMEA) which must be undertaken. It is not prescriptive by intent and doing so would significantly defeat the intention of the Code and stifle innovation in the industry.

2.4 There are a significant number of intertwining factors that are assessed to decide whether an item which is not prescriptive is acceptable. The following tables identify the areas in respect of which an individual approach is not possible nor an interpretation that would be suitable nor possible to be used in all circumstances.

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