MERCHANT SHIPPING Citation and commencement 1 These Regulations may be cited as the Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations 1999 and shall come into force on 22nd July 1999. Revocations 2 The following Regulations are hereby revoked– a the Merchant Shipping (Passenger Boarding Cards) Regulations 1988 ; b the Merchant Shipping (Passenger Boarding Cards) (Application to non-UK Ships) Regulations 1988 ; c the Merchant Shipping (Passenger Counting and Recording Systems) Regulations 1990 . Interpretation 3 1 In these Regulations– “appropriate search and rescue services” means, in relation to a ship involved in an emergency, the search and rescue services for the area in which the ship is located; ... “automatic identification system” means equipment fitted on board a ship which meets the requirements specified in Merchant Shipping Notice 1794 (M) Amendment 1; “Category A, B, C or D waters” means those categories of waters in the United Kingdom as specified in Merchant Shipping Notice 1837 (M) Amendment 2; “ the Convention ” means the International Convention for the Safety of Life at Sea, 1974; ... ... ... “ international voyage ” means a voyage between— a port in the United Kingdom and a port outside the United Kingdom; or a port in a Convention country other than the United Kingdom and a port in any other country or territory, whether a Convention country or not, which is outside the United Kingdom, “landing point” means any berth, excursion point, floating pier or stage, link span, pier, port, stop or anchorage point from or to where passengers are embarked or disembarked; ... “Merchant Shipping Notice” means a notice described as such and issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) and includes a reference to any document amending or replacing that notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice; “mile” means a nautical mile of 1852 metres; “National Single Window” means the technical platform for receiving, exchanging and forwarding information electronically, as specified in Merchant Shipping Notice 1794 (M) Amendment 1; “passenger registrar” means the person appointed by the owner of a ship pursuant to regulation 8(1)(b) below; “passenger ship” means any ship carrying more than 12 passengers; “person” means any person on board a ship irrespective of their age; “pleasure vessel” has the same meaning as in regulation 2 of The Merchant Shipping (Life-Saving Appliances and Arrangements) Regulations 2020; ... ... ... “search and rescue services” means the search and rescue services responsible for the initiation and co-ordination of all maritime search and rescue activity required to provide assistance in the event of an emergency involving a ship or its aftermath; “ship” includes hovercraft; “United Kingdom passenger ship” means a passenger ship which is a United Kingdom ship; “voyage” includes an excursion. 2 Where a ship is managed or operated by a person other than the owner (whether on behalf of the owner or some other person, or on his own behalf), a reference in these Regulations to the owner shall be construed as including a reference to that other person. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application 4 1 These Regulations shall apply to any– a United Kingdom passenger ship wherever it may be; and b other passenger ship while it is within United Kingdom waters. 2 These Regulations shall not apply to any– a ship of war; b troop ship; ... c pleasure vessel; d passenger ship to which the Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010 apply, or e vessel to which the Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010 apply . Passenger counting 5 1 The owner of any passenger ship shall ensure that, in respect of any United Kingdom passenger ship when it leaves any landing point and in respect of any other passenger ship when it leaves any landing point in the United Kingdom, there is a system capable of counting all persons on board which– a in the case of a passenger ship engaged on a short international voyage or a passenger ship of Class II(A) within the meaning of the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998 , in respect of passengers, uses a system of individual passenger boarding cards; b conforms to the requirements of paragraphs (2) to (5) below and Merchant Shipping Notice 1794 (M) Amendment 1 ; and c is approved by the Secretary of State. 2 The system of counting established pursuant to paragraph (1) above shall be such that– a all persons boarding such a ship at a landing point at the beginning of a voyage are counted individually on, or just prior to, boarding and, as the case may be– i all persons disembarking at subsequent landing points, during the course of a voyage, are counted individually as they disembark; ii all persons boarding at subsequent landing points, during the course of a voyage, are counted individually on, or just prior to, boarding; and iii the number of persons remaining on board at each landing point is determined; or b the number of persons is determined and recorded according to an alternative method approved by the Secretary of State, which shall be of equivalent effectiveness to the system set out in paragraph (2)(a) above. 3 If the counting system established in respect of a passenger ship pursuant to paragraph (1) above includes a system of individual passenger boarding cards no passenger shall be permitted to board the ship unless he has been issued with an individual boarding card. 4 Immediately before a passenger ship leaves any landing point the total number of persons on board at that time as determined by means of the counting system shall be communicated to the master of the ship and the passenger registrar and, subject to paragraphs (4A) and (4B), reported in the National Single Window or communicated to the appropriate search and rescue services by means of the passenger ship’s automatic identification system . 4A Before 20th December 2025 , the total number of persons on board a passenger ship may alternatively be communicated to the master of the ship and the passenger registrar with no further requirement of reporting in the National Single Window or communication by means of the ship’s automatic identification system. 4B The requirement to report in the National Single Window or communicate the total number of persons on board a passenger ship by means of the automatic identification system does not apply in relation to a ship that operates exclusively on Category A, B, C or D waters. 5 If, in respect of any person on board a ship, any person has declared a need for special care or assistance in emergency situations, the owner shall ensure that such information is properly recorded and communicated to the master of the ship. 6 No passenger ship shall leave any landing point if– a the requirements of paragraphs (4) or (5) above have not been complied with; or b the total number of persons on board the ship exceeds the number of persons the ship is permitted to carry. 7 The arrangements made in pursuance of the requirements in paragraph (1) above shall be described in written instructions which shall be kept on board the ship at all times in the custody of the master. 8 In this regulation— “ short international voyage ” means an international voyage— in the course of which a passenger ship is not more than 200 miles from a port or place in which the passengers and crew could be placed in safety; and which does not exceed 600 miles in distance between the last port of call in the country in which the voyage begins and the final port of destination. Additional requirements for ships on certain voyages 6 1 This regulation shall apply to– a any United Kingdom passenger ship leaving any landing point– i inside the territory of ... the United Kingdom on a non-international voyage of more than 20 miles from that landing point to the next port of call ; or ii outside the territory of the United Kingdom on an international voyage; and b any other passenger ship leaving any landing point in the United Kingdom— i on a non-international voyage of more than 20 miles from that landing point to the next port of call except a ship operating exclusively in Category A, B, C or D waters; or ii on an international voyage. 2 The owner of any passenger ship to which this regulation applies shall ensure that, in respect of any voyage ...– a the information specified in paragraph (3) below is collected, in relation to each person on board, before the ship departs from the landing point, and b that information is– i subject to paragraph (2A), reported in the National Single Window within 15 minutes of the ship’s departure from the landing point; and ii in respect of any such information as is specified in sub-paragraph (f) , communicated to the master of the ship before the ship leaves the landing point. 2A Before 20th December 2025 , the information required to be reported in accordance with paragraph (2)(b)(i) may alternatively be communicated to the passenger registrar within 15 minutes of the ship’s departure from the landing point. 3 The information referred to in paragraph (2) above is, in relation to each person on board the ship– a family name; b forenames; c gender; d nationality; e date of birth; and f when volunteered by a person— i information concerning special care or assistance that might be needed in an emergency; ii a contact number in case of an emergency . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ships which are on voyages from outside of the United Kingdom and are not United Kingdom ships 7 In respect of any passenger ship which is not ... a United Kingdom passenger ship, on any voyage from any landing point outside the territory of the United Kingdom to the United Kingdom the owner shall— a communicate information as to the total number of persons on board the ship in accordance with regulation 5(4); and b report the information specified in regulation 6(3) in accordance with regulation 6(2)(b) . Registration system 8 1 The owner of a passenger ship to which regulation 5 or 6 above applies shall– a establish a system for the registration of the information collected pursuant to these Regulations which– i is in accordance with the requirements of Merchant Shipping Notice 1794 (M) Amendment 1 ; and ii is approved by the Secretary of State; b appoint a passenger registrar who shall be responsible for the transmission of information collected pursuant to these Regulations to the appropriate search and rescue services in the event of an emergency or, in the aftermath of an accident involving the ship and, where applicable, the reporting of this information in the National Single Window; and c ensure that the information collected pursuant to these Regulations is at all times readily available for transmission to the appropriate search and rescue services for use in an emergency or in the aftermath of an accident involving the ship. 2 Personal data which is collected in accordance with regulation 6(2) must be kept by the owner of a passenger ship— a for no longer than is necessary for the purpose of these Regulations; and b in any event, no later than the moment the ship’s voyage has been safely completed and the data reported in the National Single Window or, as the case may be, to the passenger registrar, after which it shall be erased without undue delay. 3 The Secretary of State may appoint persons to carry out checks on the proper functioning of registration systems approved under this regulation. 4 In performing the checks referred to in paragraph (3) above, the persons appointed shall– i be entitled to board any ship to which the registration system relates and enter any premises of the passenger registrar; and ii have access to any records and documents, including electronic and computer records, which comprise the owner’s registration system. Exemptions 9 1 Subject to paragraph (3), the Secretary of State may, exempt any passenger ship, class of passenger ship or group of passenger ships engaged on non-international voyages from any requirement of these Regulations. 2 Subject to paragraph (3), the Secretary of State may exempt any passenger ship, class of passenger ship or group of passenger ships engaged on international voyages from the requirements of regulations 6(2) or 7(b) in so far as those requirements relate to the information listed in regulation 6(3)(a) to (e), if the scheduled voyages of such ship, class of ship or group of ships render it impracticable for that ship, class of ship or group of ships, to comply with those requirements. 3 An exemption under paragraph (1) or (2) may be granted subject to such safety conditions as the Secretary of State thinks fit to ensure the overall safety of the passenger ship, class of passenger ship or group of passenger ships. 4 An exemption under paragraph (1) or (2) may, on the giving of reasonable notice, be altered or cancelled. 5 Where an exemption under paragraph (1) or (2) is granted subject to safety conditions under paragraph (3), the exemption ceases to have effect if those conditions are not complied with. 6 An exemption under paragraph (1) or (2), or an alteration or cancellation under paragraph (4), must— a be in writing; b specify the date on which it takes effect; and c specify the terms and safety conditions, if any, on which it is given. 7 The requirement in paragraph (6)(a) that an exemption under paragraph (1) or (2), or an alteration or cancellation under paragraph (4), be in writing is satisfied where the text of the exemption, alteration or cancellation is— a transmitted by electronic means; b received in legible form; and c capable of being used for subsequent reference. False statements 10 A person shall not, in connection with a system for counting the persons on board a passenger ship or collecting the information specified in regulation 6(3) above– a knowingly or recklessly make any false statement liable or intended to lead to error in the determination of the total number of persons on board or in the collection of the information specified in regulation 6(3); or b falsify the information collected or transmitted to the passenger registrar. Offences 11 1 If there is any breach of the requirements of these Regulations in respect of a passenger ship the owner and, in respect of a breach of regulation 5(6), the master shall be guilty of an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years or a fine, or both. 2 Any person contravening regulation 10 shall be guilty of an offence punishable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both. Defences 12 1 It shall be a good defence to a charge under these Regulations for the person charged to prove that he took all reasonable steps to avoid the commission of the offence. 2 Without prejudice to paragraph (1) above, it shall be a good defence to a charge under regulation 10 above for a person providing information to the owner of a ship in respect of other persons not being members of his family, being information required by the owner pursuant to these Regulations, to prove that the information was collected by him in good faith. Signed by authority of the Secretary of State for the Environment, Transport and the Regions Glenda Jackson Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions