Consultation outcome

Consultation document: the merchant shipping (fire protection) regulations 2023

Updated 20 October 2022

Section 1: Overview of this consultation

Aim

1.1   This consultation seeks your views on a new Statutory Instrument (SI), the Merchant Shipping (Fire Protection) Regulations 2023 (‘the proposed Regulations’). The proposed Regulations would replace the Merchant Shipping (Fire Protection) Regulations 2003 (SI 2003/2950) and the Merchant Shipping (Fire Protection: Large Ships) Regulations (SI 1998/1012) in order to implement the most up to date requirements of the International Convention for the Safety of Life at Sea, 1974 (SOLAS) affecting fire protection, contained in Chapter II-2 of the Annex to SOLAS (Fire Protection, Fire Detection and Fire Extinction).

1.2   The main objective of the proposed Regulations is to improve further the safety standards for fire protection on ships. The proposed Regulations will also include an ambulatory reference provision to ensure future amendments to Chapter II-2 of SOLAS referred to in the proposed Regulations are given direct effect in UK law. A more detailed explanation of what this means can be found in section 2.3 of this document.

1.3   The updated requirements to Chapter II-2 of SOLAS agreed at the International Maritime Organization (IMO), and which the proposed Regulations seek to implement, include amendments to requirements for existing ships (those constructed before 1st July 2012) and new ships (those constructed on or after 1st July 2012).

1.4   Further details on all the updates being implemented by the proposed Regulations can be found in section 2.6.

Views sought

1.5   Consultees are invited to comment on any aspect of this consultation; however, you are specifically invited to respond to the consultation questions in section 5.1. A more in-depth explanation of the areas for consideration can be found in section 2.

1.6   A full list of consultation questions is contained in section 5 of this document.

Deadline for responses

1.7   Responses are welcomed from 18th July 2022 until 12th September 2022.

Section 2: Areas for consideration

Background

2.1   SOLAS Chapter II-2 contains provision for (structural) fire protection, fire detection and fire extinction on ships. This includes, for example, prevention of fire and explosion, suppression of fire, escape from fire, operational requirements, alternative design and arrangements and other requirements which are specific to particular situations. SOLAS Chapter II-2 is supplemented by the Fire Safety Systems (FSS) Code and the Fire Testing Procedures (FTP) Code. All are amended from time to time in the IMO. There are a number of amendments which have been agreed in the IMO and which have come into force internationally since UK law was last updated in 2003 by the Merchant Shipping (Fire Protection) Regulations 2003 (SI 2003/2950).

Amendments contained in 20 resolutions have been agreed at the IMO since 2003 to further improve the safety standards of fire protection, but which have not yet been implemented into UK law. The UK supported these amendments during IMO discussions and, as a party to SOLAS, the UK now has an obligation to implement these further updates.

Amendments made to SOLAS Chapter II-2 in relation to existing ships (those constructed before 1st July 2012) include provision for:

• fitting fire detection and suppression on cabin balconies or fitting detection and restricted fire risk furniture and surfaces on balconies;
• adding another valve to the CO2 flooding fire suppression system, for tanker ships to carry an oxygen measuring meter and a portable gas detector;
• adding an audible alarm and a visual or other device to the self-contained breathing apparatus (SCBA) of fire fighters’ outfits as well as including a minimum of two two-way portable radiotelephone apparatus for fire fighters’ communication;
• introducing a water mist lance capable of penetrating a container wall and producing water mist inside a confined space on ships that carry containers above the weather deck; and
• container ships that are designed to carry five or more tiers of containers on or above the weather deck to carry mobile water monitors.

These changes will be implemented in the proposed Regulations.

Amendments to SOLAS Chapter II-2, introduced for new ships (constructed on or after 1st July 2012) include provision:

• to increase the amount of sulphur dioxide allowed to be produced by carpets;
• to introduce a requirement for a safety centre on board;
• to add scuppers from spaces above or on the bulkhead deck;
• to ensure scuppers cannot become blocked and to ensure sufficient pumping and drainage capacity for those located below the bulkhead deck;
• to require tankers to have a fixed hydrocarbon gas detection system;
• to require an evacuation analysis for ro-ro passengers ships and other ships carrying more than 36 passengers; and
• to remove the fire regulation exemptions for UK class XI and XII vessels.

These updates will be implemented in the proposed Regulations.

The proposed Regulations will revoke and replace the existing implementing Regulations - the Merchant Shipping (Fire Protection: Large Ships) Regulations (SI 1998/1012) and the Merchant Shipping (Fire Protection) Regulations 2003 (SI 2003/2950) - in order to update the legislation. The Merchant Shipping (Fire Protection: Small Ships) Regulations (SI 1998/1011), which implement requirements in Chapter II-2 relating to the carriage of dangerous goods on smaller ships, will be amended to a very limited extent. This will improve the safety standards for seafarers, passengers and operators of passenger vessels on international voyages and all cargo vessels of 500GT and over on international voyages.

Merchant Shipping Notice 1900 (M) contains the technical requirements for ships constructed before 1st July 2002 that were previously contained in the Large Ships Regulations. Some ships within this category are subject to different requirements and these are set out in regulation 13 of the proposed Regulations and in the accompanying Merchant Shipping Notices. In particular, although the requirements for ships constructed before 26th May 1965 will not change in the new Regulations, they are now expressly contained in regulation 13 and in Merchant Shipping Notice 1670 (M).

2.2   The amendments to SOLAS affecting fire protection comprise a mix of updates, clarifications and improvements to layout, as well as several important substantive changes to the safety measures. These substantive changes are listed in paragraph 2.6. As the requirements for fire protection in SOLAS are implemented in UK law, intervention is necessary to implement these amendments so that the changes can also be reflected in UK law, and any benefits that they represent can be made available to UK industry.

2.3   The proposed Regulations include an ambulatory reference provision. This is a reference in domestic legislation to an international instrument (or part of it) which is interpreted as a reference to the international instrument as modified from time to time (and not simply the version of the instrument that exists at the time the domestic legislation is made). From a legal perspective, this will mean that any new amendments to provisions in SOLAS Chapter II-2, and other Chapters of SOLAS that are referenced in the domestic implementing legislation will automatically become UK law when they enter into force internationally. No new or amending regulations will be required to bring these amendments into force in the UK, as is currently the case. From a practical perspective, this means that ship owners, shipbuilders and other interested parties can refer directly to the text of SOLAS Chapter II-2 to determine both the domestic and international requirements. Where the international text is unclear or needs amplification - for instance, where it states that something is done ‘to the satisfaction of the administration’ - guidance will provide the additional clarity required.

Application of the Regulations

2.4   The proposed Regulations apply to all passenger vessels on international and non-international voyages (except for passenger ships operating solely in internal waters) and all cargo vessels of 500GT and over on international and non-international voyages, with some limited exceptions

Proposed Changes

2.5   The purpose of the amendments is to maintain a high standard of safety and to remove barriers to trade by ensuring a consistent standard of safety for fire protection on ships.

2.6   The following IMO resolutions would be implemented in the proposed Regulations:

MSC.134(76)

Amendments to SOLAS Chapter II-2 (2002) (in force 2004)

• Definitions – Updates to the definitions, minor editorial change.

• Carriage of Dangerous Goods – New note added to table 19.3 stating “Under the provisions of the IMDG Code, as amended, stowage of class 5.2 dangerous goods under deck or in enclosed ro-ro spaces is prohibited.” There are also some minor editorial changes.

MSC.173(79)

AMENDMENTS TO THE INTERNATIONAL CODE FOR APPLICATION OF FIRE TEST PROCEDURES (FTP CODE) (2004) (in force 2006)

• Fire Test Procedures Code (FTP Code) – Amendment to the SO2 limit in the Smoke and Toxicity test.

MSC.194(80)

Amendments to SOLAS Chapter II-2 (2005) (in force 2007) - Regulation 4 – Probability of Ignition – Minor editorial changes.

• Regulation 10 – Fire Fighting – Minor editorial changes.

• Regulation 20 – Protection of Vehicle, Special Category and Ro-Ro Spaces – Minor editorial changes.

MSC.201(81)

Amendments to SOLAS Chapter II-2 (2006) (in force 2010)

• Regulation 9 - Containment of Fire – Minor editorial changes and addition of water mist nozzles as an acceptable sprinkler type.

• Regulation 15 - Arrangements for oil fuel, lubricating oil and other flammable oils – Editorial change and clarification of application of requirements based on age of vessel.

MSC.216(82)

Amendments to SOLAS Chapter II-2 (2006) (in force 2010)

• Regulation 1 - Application – Minor editorial changes and addition of regulations 5.3.1.3.2 and 5.3.4 for passenger ships.

• Regulation 3 - Definitions – Definition of cabin balcony is added.

• Regulation 4 – Probability of Ignition – Addition of A-0 class standard for windows and side scuttles to the restrictions on boundary openings and the addition of cabin balconies to the primary deck coverings requirements.

• Regulation 5 – Fire Growth Potential– New requirements added for partial bulkheads and decks on passenger ships as well as requirements and exemptions for cabin balconies.

• Regulation 6 – Smoke Generation Potential and Toxicity – New requirements added for the smoke generation quantity allowed from paints, varnishes and other finishes used on exposed surfaces of cabin balconies as well as primary deck coverings on cabin balconies.

• Regulation 7 – Detection and Alarm – Requirement added for a fixed fire detection system on cabin balconies where furniture and furnishings are not of an allowed type.

• Regulation 9 - Containment of Fire – Requirement added for non-structural partial bulkheads on cabin balconies to be capable of being opened from either side by crew.

• Regulation 10 – Fire Fighting – Addition of water spray to the sprinkler section heading and the requirement for a fixed pressure water spray fire extinguishing system to be installed on cabin balconies where furniture and furnishings are not of an allowed type.

MSC.217(82)

AMENDMENTS TO THE INTERNATIONAL CODE FOR FIRE SAFETY SYSTEMS (FSS CODE) (2006) (in force 2008/2010)

• Chapter 4 Fire Extinguishers – Update to the requirements for portable foam fire extinguishers.

• Chapter 6 Fixed Foam Fire Extinguishing Systems – Update to the requirements for fixed foam fire extinguishing systems.

• Chapter 7 Fixed Pressure Water-Spraying and Water-Mist Fire Extinguishing Systems – Update to the requirements for Fixed Pressure Water-Spraying and Water-Mist Fire Extinguishing Systems.

• Chapter 9 Fixed Fire Detection and Fire Alarm Systems – Update to the requirements to include cabin balconies in the requirements for Fixed Fire Detection and Fire Alarm Systems and the introduction of the requirement for remote and individual identification of detectors and manually operated call points as well as the requirement for sections of fire detectors and call points not to be situated in more than one main vertical zone.

MSC.256(84)

Amendments to SOLAS Chapter II-2 (2008) (in force 2009)

• Regulation 10 – Fire Fighting – Addition of requirement for all existing ships where a carbon dioxide fire-extinguishing system is fitted to ensure it complies with FSS code, previously only ships built after 2002 had to comply.

• Regulation 19 – Carriage of Dangerous Goods – Minor editorial changes.

• Regulation 20 – Protection of Vehicle, Special Category and Ro-Ro spaces – Requirements added to ensure there is no serious loss of stability from use of fixed pressure water spraying systems. This includes requirements related to drains and scuppers with differing requirements for vessels built before and after 2010.

MSC.269(85)

Amendments to SOLAS Chapter II-2 (2008) (in force 2010/11)

• Regulation 1 – Application – Requirement added for ships constructed between 2002 and 2010. Further requirements added for ships carrying dangerous goods built between 1984 and 2011.

• Regulation 9 – Containment of Fire – Updates to the classification of doors and permitted gaps as well as clarification on material definitions and need for dampers in ducts.

• Regulation 10 – Fire Fighting – Passenger ships carrying more than 36 passengers built after 2010 to be fitted with a means for fully recharging breathing air cylinders.

• Regulation 16 – Operations – Minor editorial changes.

• Regulation 19 – Carriage of Dangerous Goods – Updates to the dangerous goods classifications and definitions as well as requirements related to air changes and ventilation.

MSC.291(87)

Amendments to SOLAS Chapter II-2 (2010) (in force 2011)

• Regulation 1 – Application – Minor editorial changes.

• Regulation 4 – Probability of Ignition – Updates to the requirements for tankers to have portable instruments for gas measurement or where this is not appropriate to have fixed gas detection systems.

MSC.307(88)

AMENDMENTS TO THE INTERNATIONAL CODE FOR APPLICATION OF FIRE TEST PROCEDURES (FTP CODE) (2010) (in force 2012)

• Fire Test Procedures Code (FTP Code) – Fully revised and re-issued FTP code. Notable updates include the adoption of the Code as mandatory for ships constructed on or after 1st July 1998, including the material used in construction of high speed craft under the International Code of Safety for High-Speed Craft, 2000 (2000 HSC Code) as being compliant with the FTP code and general updates to the testing provisions included within the Code in compliance with recognised best practice.

MSC.308(88)

Amendments to SOLAS Chapter II-2 (2010) (in force 2012)

• Regulation 1 – Application – Minor editorial changes.

• Regulation 3 – Definitions – Update to refer to the revised FTP Code.

• Regulation 7 – Detection and Alarm – Minor editorial changes and requirement for detection in closed spaces containing incinerators.

MSC.338(91)

Amendments to SOLAS Chapter II-2 (2012) (in force 2014)

• Regulation 1 – Application – Minor editorial changes and update on the applicability of requirements to cargo ships of 500GT or more built before 2002.

• Regulation 9 – Containment of Fire – Update to structural fire protection requirements of special category ro-ro spaces.

• Regulation 10 – Fire Fighting – Update to refer to FSS Code and requirements of firefighter’s outfits and communication.

• Regulation 15 – Instructions, Onboard Training and Drills – Requirement added for means of recharging breathing apparatus used in drills.

• Regulation 20 – Protection of Vehicle, Special Category and Ro-Ro Spaces– Updates to requirements of fixed fire-extinguishing systems in special category and ro-ro spaces.

MSC.365(93)

Amendments to SOLAS Chapter II-2 (2014) (in force 2016)

• Regulation 1 – Application – Update on the applicability of requirements to vehicle carriers and tankers.

• Regulation 3 – Definitions – Definitions added for fire dampers, smoke dampers and vehicle carriers.

• Regulation 4 – Probability of Ignition – Update to the requirements for inert gas systems in tankers including chemical tankers and gas carriers.

• Regulation 9 – Containment of Fire – Update to the requirements for ventilation systems.

• Regulation 10 – Application – Update to the requirements for firefighting in cargo ships designed to carry containers on or above the weather deck.

• Regulation 13 – Means of Escape – Update to the requirements for means of escape including additional protection to inclined ladders and stairways as well as fire shelters to means of escape from workshops within machinery spaces for ships built after 2016.

• Regulation 16 – Operation – New requirements added on the operation of inert gas systems in tankers.

• Regulation 20 – Protection of vehicle, special category and ro-ro spaces – New requirements added for vehicle carriers carrying motor vehicles with compressed hydrogen or natural gas in their tanks for their own propulsion as cargo.

MSC.380(94)

Amendments to SOLAS Chapter II-2 (2010) (in force 2012)

• Regulation 10 – Fire Fighting – Minor editorial change

MSC.392(95)

Amendments to SOLAS Chapter II-2 (2015) (in force 2016)

• Regulation 4 – Probability of Ignition – Update to the requirements regarding low flash point fuels.

• Regulation 11 – Structural Integrity – Update to the requirements with respect to tankers.

• Regulation 20 – Protection of vehicle, special category and ro-ro spaces – Update to the requirements for performance of ventilation systems.

MSC.403(96)

AMENDMENTS TO THE INTERNATIONAL CODE FOR FIRE SAFETY SYSTEMS (FSS CODE) (2016) (in force 2020)

• Chapter 8 - Automatic Sprinkler, Fire Detection and Fire Alarm systems – Update to the protection from freezing of these systems.

• Chapter 17 – Helicopter Facility Foam Firefighting Appliances – New chapter added to the FSS code on requirements of foam firefighting appliances at helicopter facilities

MSC.404(96)

Amendments to SOLAS Chapter II-2 (2016) (in force 2020)

• Regulation 3 – Definitions – Definitions added for helicopter landing areas and winching areas.

• Regulation 13 – Means of Escape – New requirements added on the evacuation analysis for passenger ships.

• Regulation 18 – Means of Escape – New requirements added for helicopter landing facilities to require a foam firefighting appliance on ships built on or after 1 January 2020

MSC.409(97)

Amendments to SOLAS Chapter II-2 (2016) (in force 2020)

• Regulation 1 – Application – Update to requirements for ships built before 2020 with respect to firefighting.

• Regulation 10 – Firefighting – Update to the requirements, removing the need for fire extinguishers for domestic boilers under 175kW.

MSC.410(97)

AMENDMENTS TO THE INTERNATIONAL CODE FOR FIRE SAFETY SYSTEMS (FSS CODE) (2016) (in force 2020)

• Chapter 13 – Arrangements for means of escape – Update to the requirements for means of escape for passengers in public spaces.

MSC.421(98)

Amendments to SOLAS Chapter II-2 (2017) (in force 2020)

• Regulation 3 – Definitions – Update to definition of Vehicle Carrier.

• Regulation 9 – Containment of Fire – Update to the requirements allowing sprinkler systems and windows of A-0 fire integrity at or below embarkation areas on passenger ships carrying more than 36 passengers.

• Regulation 20 – Protection of vehicle, special category and ro-ro spaces – Update on the regulations on vehicles carrying fuel in their own tanks for means of propulsion.

• Regulation 20-1 – Requirements for vehicle carriers carrying motor vehicles with compressed hydrogen or natural gas in their tanks for their own propulsion as cargo – Vehicle carriers constructed on or after 1 January 2016 to comply with paragraphs 3 to 5 of regulation 20-1 (in addition to complying with regulation 20) - requirements for the spaces used for carriage.

Summary of Options and Recommendation

2.7   As the proposed costs are below the £5m threshold per annum cost or benefit to business and the changes are non-contentious and non-controversial, the proposal is subject to a De Minimis Assessment (DMA).

2.8   The following options were considered:

  - Option 0. Do nothing. This option is not viable as it would mean UK flagged vessels would have a lower standard of fire protection safety requirements than their international counterparts and would also be in contravention of the UK’s international obligations, agreed in the IMO. The existing rules for fire protection for ships constructed on or after 1 July 2002 are implemented in the Merchant Shipping (Fire Protection) Regulations 2003 (SI 2003/2950) and, for ships constructed before 1st July 2002, in the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998 (SI 1998/1012). There have been substantive updates made to Chapter II-2 of SOLAS since 2003 and, as such, the UK regulations are up to 18 years out of date in some places. The majority of the substantive changes took place after 2008; however, this still leaves UK legislation 13 years out of date with other international rules for fire protection.

  - Option 1. Revoke and replace SI 1998/1012 and SI 2003/2950 and include an ambulatory reference provision. This option will provide a greater standard of safety for vessels and seafarers on UK and foreign flagged vessels operating in UK waters. This option will also satisfy the UK’s obligations as a signatory to SOLAS and bring UK legislation up to date and in line with its international counterparts. The inclusion of an ambulatory reference provision will enable UK industry to refer to the most up to date international legislation in this area (where referenced in the Regulations) and ensure that the Regulations remain up to date with the requirements for fire protection in SOLAS. Supporting documentation will be provided by the Maritime and Coastguard Agency (MCA) to add clarification and additional guidance where the regulations are, or could be, ambiguous, especially where the international text allows the administration to exercise discretion, e.g.: where Chapter II-2 states that an obligation must be performed “to the satisfaction of the administration”, the MCA will specify what is required to meet this obligation. This will mainly fall on internationally operated vessels.

The inclusion of an ambulatory reference provision does not remove the opportunity to ensure scrutiny of proposed changes and to provide notice of updates. All amendments to the Convention are developed and agreed at the IMO, where, in addition to Member States, industry is well represented. Industry is therefore heavily involved with policy development and also in helping to shape the UK’s negotiating position. Working in partnership, UK officials and industry actively contribute to negotiations on new initiatives to ensure they are appropriate and proportionate measures to improve safety.

  - We have discounted non-regulatory alternatives, as this would not be an effective means of ensuring fire safety standards in a global industry. Neither would it satisfy our obligation as a party to SOLAS to implement and enforce these international requirements.

2.9   The preferred option is Option 1

Supporting Information

2.10   Marine Notices:

It is intended to publish three Merchant Shipping Notices (MSN 1900, 1901 and 1902) and two Marine Guidance Notes (MGN 666 and 667) to support the new Regulations (attached to this document as Annexes B - F) as well as issue amendments to six Merchant Shipping Notices (MSN 1665, 1666, 1667, 1668, 1669 and 1670) (attached to this document as Annexes G - L). All the Merchant Shipping Notices contain requirements that will be made mandatory by the proposed Regulations. As indicated above, MSN 1900 (M) contains the technical requirements for ships constructed before 1st July 2002 that were previously contained in the Large Ships Regulations.

2.11   Offences and Penalties

The Maritime and Coastguard Agency (MCA), as the UK’s maritime regulatory and enforcement authority, has responsibility for both delivering and enforcing the Government’s maritime policy relating to ships, seafarers and the seas around the UK. The MCA’s approach to breaches of maritime legislation relies on a range of civil and criminal remedies which, like in many other regulatory regimes in the UK, sit alongside each other to enable the MCA to take the most proportionate action in relation to a particular breach. The decision on what is the most proportionate approach is determined by matters such as the importance of the requirement being breached, the gravity of the contravention, the effect of the contravention on third parties etc.

MCA surveyors have enforcement and sanction powers which can be applied locally to ships calling at UK ports. The MCA’s powers to use civil sanctions are primarily contained in the Merchant Shipping Act 1995 (‘the Act’). These powers, including improvement and prohibition notices, are available only for specific purposes. Other than the power to detain a ship, it is not possible to replicate all the civil sanctions in the Act in secondary legislation implementing international obligations or other policy objectives as there is no power to do so in the Act. Because these civil sanctions are contained in primary legislation, if they are needed, the sanctions will be enforced directly under the Act. The general policy approach, in line with the MCA’s published enforcement policy, is to use these civil sanctions whenever possible before using criminal offences.

Maritime regulatory requirements govern both safety and pollution prevention. As such, their purpose includes the prevention of loss of life or injury to persons and the protection of the marine environment and adjoining coastlines. These very compelling objectives necessitate the availability of criminal sanctions in the more serious cases, and also provide a vital deterrent. For these reasons, criminal offences are included in the proposed Regulations. The offences and penalties that currently exist in relation to Chapter II-2 have been reviewed and this included the target parties for each offence. It is considered that all existing offences are still required, as they are still necessary as a deterrent and a proportionate means of achieving the necessary end, but no new offences are necessary. The offences are detailed in the table below.

Provision in proposed regulations	Provision in existing regulations	Offence	Penalty
Regulation 22(1) of SI 2023/XXXX	Regulation 105(1) of SI 1998/1012	If a ship proceeds or attempts to proceed to sea or on any voyage, or arrives within United Kingdom waters, in breach of any of the requirements applicable to that ship in, or listed in, these Regulations, other provisions relating to the operation of the inert gas system applies, the owner and master are each guilty of an offence in respect of each case of non-compliance.	On summary conviction, a fine not exceeding the statutory maximum/ on indictment, a fine and/or imprisonment for up to 2 years
Regulation 22(3) of SI 2023/XXXX	Regulation 30(3)(c) of SI 1998/1012	Failure by master to comply with the requirements in:	On summary conviction, a fine not exceeding the statutory maximum.
-	-	- regulation 16.3.3.3 in Chapter II-2;	-
-	-	- paragraph 5.4(c) in Merchant Shipping Notice 1900;	-
-	-	- paragraph 1.15 in Merchant Shipping Notice 1901; or	-
-	-	- paragraph 3.8 in Part A of Merchant Shipping Notice 1902,	-
-	-	which relate to the oxygen content of the inert gas supply	-

Section 3: Responding to this consultation

3.1   There are specific questions highlighted in section 5 of this consultation document and information on how to respond to them.

Consultees

3.2   Anyone may respond to this consultation and consideration will be given to all responses. We will be particularly interested to hear from ship owners and operators.

Duration

3.3   This consultation is open for eight weeks from Monday 18th July 2022 until Monday 12th September 2022. The deadline for responses is 23:45 on Monday 12th September 2022.

Submitting your response

3.4   Consultation responses should be emailed to [email protected]. Any questions should also be sent to this email address.

3.5   When responding, representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions.

Freedom of Information

3.6   Information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004).

3.7   If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.

Data Protection

3.8   The Maritime and Coastguard Agency (MCA) is carrying out this consultation to gather evidence to inform the development and implementation of policy and legislation as required by section 86 of the Merchant Shipping Act 1995. If your answers contain information that allows you to be identified, under data protection law, the MCA, as an Executive Agency of the Department for Transport, will be the controller for the purposes of this information.

3.9   The MCA will use your contact details to send you information about the consultation, for example if we need to ask follow-up questions. You do not have to give us this personal information but if you do choose to provide it, it will not be used for any other purpose without your permission.

3.10   Details about how the MCA looks after personal data, your rights and how to contact our Data Protection Manager can be found on gov.uk at:

https://www.gov.uk/government/organisations/maritime-and-coastguard-agency/about/personal-information-charter

3.11   Your information will be kept securely on the MCA’s IT system and any written responses will be held in a secure file and cabinet and kept for up to five years, until a post-implementation review has been completed.

3.12   If you do not wish to remain on this list, please let us know at [email protected]

Section 4: Outline of plans beyond this consultation

4.1   Once this consultation closes, we will review all responses. In considering the responses we will apply appropriate weight to those from organisations and individuals with specialist knowledge of the subject area.

4.2   We will be analysing the responses between 13th September and 13th October 2022. Our aim is to publish an overview of the responses and the MCA’s comments by November 2022 which will be available from: www.gov.uk/government/publications

4.3   Where appropriate the proposed Regulations, accompanying guidance and De Minimis Assessment will be revised to take into consideration the consultation responses.

4.4   Our aim is for the Merchant Shipping (Fire Protection) Regulations 2023 to be laid in draft in the Autumn and come into force before the end of the year or early next year. The Regulations will be published on www.legislation.gov.uk.

This is an overview timetable.