Open consultation

Draft Merchant Shipping (Watercraft) (Amendment) Order

Published 3 February 2026

Executive summary

This consultation seeks your views on proposed amendments to the Merchant Shipping (Watercraft) Order 2023 (the 2023 order). Here “watercraft” are any powered recreational vessels such as jet skis or yachts and the amendments will improve the regulatory regime and make 2 minor revisions to the drafting of the 2023 order. These changes have no legal or practical impacts on its operation but were highlighted by the Joint Committee for Statutory Instruments (JCSI) in its twenty-ninth report of session 2022 to 2023.

The 2023 order, which came into force on 31 March 2023, applied the same obligations which exist for the operators of ships and fishing vessels under the Merchant Shipping Act 1995 (MSA 1995) to watercraft. It introduced requirements to ensure that these are operated safely and, in cases of deliberate or negligent misuse, the ability for enforcement authorities to prosecute those responsible for their actions. Greater information about the 2023 Order and its provisions is available in Marine Guidance Note 684(M).

The changes, in summary, that we are proposing are to:

• provide legal clarity on the ability of the Marine Accident Investigation Branch (MAIB) to investigate accidents involving watercraft
• make 2 minor drafting amendments to schedule 1 requested by JCSI to:
  • make it clear references to ‘the Act’ are to the MSA 1995           
  • remove a redundant reference to the application of regulation 91 of the Merchant Shipping (Registration of Ships) Regulations 1993  

The draft Merchant Shipping (Watercraft) (Amendment) Order 2026, supplied, is designed to make these amendments to the 2023 order.

Your comments will be used to:

• help us understand any potential impacts of the proposals
• inform final decisions on whether, and in what form, to bring these amendments into force

Background

The 2023 order came into force on 31 March 2023. It was introduced following a Court of Appeal ruling in 2005 which determined that personal watercraft (PWC), such as jet skis, were not within scope of the dangerous use provisions of the MSA 1995 as previously understood. The wording of the ruling also brought into question whether other recreational craft, such as motorboats and yachts, were covered. This left some uncertainty on whether someone who caused an accident through the dangerous use of such craft could be prosecuted.

The 2023 order closed this gap by applying the dangerous use provisions of the MSA to “watercraft”. . These provisions defined watercraft as anything which is not a “ship” or “fishing vessel” under the MSA 1995’s definitions and provided  it is:

• capable of moving under its own mechanical power
• used, navigated or situated wholly or partly in or on water
• capable of being used to carry one or more persons

The 2023 order did not amend the MSA 1995 but applies the provisions which are relevant to watercraft with some amendments to reflect the different nature and operating realities of these types of craft. However, the obligations on users, operators and owners of watercraft and related offences are, in most respects, the same as those applicable to ships and fishing vessels.

As well as applying the dangerous use provisions of the MSA 1995 to watercraft, the 2023 order also applied other legislation on:

• collision prevention
• facilitated voluntary registration with the UK Ship Registry
• making mandatory the registration of Emergency Position-Indicating Radio Beacons (EPIRBs), if used 

Accident investigation

The MAIB is an independent part of the Department for Transport. It investigates marine casualties involving UK-flagged vessels worldwide and those involving vessels of any flag in UK territorial waters. MAIB’s investigations do not seek to apportion blame or establish liability but are solely designed to uncover the causes and make recommendations to prevent reoccurrence.

MAIB’s statutory powers are derived from the MSA 1995 which covers:

•  its remit
• the powers of its inspectors
• what must be reported and who must do the reporting

Further detail on MAIB can be found in the Merchant Shipping (Accident Investigation) Regulations 2012 (as amended) and a practical guide explaining these, and the accident reporting process in  Marine Guidance Note 564.

As a result, MAIB’s responsibilities are currently tied to the definitions of “ship” and “fishing vessel” contained within the MSA 1995.

The Court of Appeal ruling which led to the necessity of introducing the 2023 order therefore also potentially impacted MAIB in a similar way.

Although currently the Chief Inspector of Marine Accidents has significant latitude when deciding to investigate a marine incident involving any ship, fishing vessel or other craft if believing that, by doing so, safety lessons can be learned. The amended 2023 order presents an opportunity to:

1. Review the wider provisions.
2. Determine whether any consequential amendments might be necessary to provide legal certainty about MAIB’s investigatory powers.  

The review concluded that amendments should be made to the 2023 order to ensure that section 267 of the MSA 1995 is applicable to watercraft in the same manner as it is to ships and fishing vessels. This will remove any uncertainty on whether MAIB’s legal investigative powers are applicable to accidents and incidents involving watercraft. It will also place a statutory obligation on those who use, operate or own watercraft to report incidents and accidents to be reported to MAIB.

These changes are all set out in Article 4 of the draft order.

Consultation on the proposal to make these amendments is undertaken in accordance with section 112(7) of the Railways and Transport Safey Act 2003 which are the powers under which this legislation will be made.

It should be noted that MAIB has recently consulted on draft regulations which will revoke and replace the Merchant Shipping (Accident Investigation) Regulations 2012. As the revisions we are proposing impact the 2012 regulations, the amendments in the draft order must come into force before MAIB’s new regulations are introduced.

Question

Do you agree or disagree that the proposed amendment will provide the required legal certainty to allow MAIB to investigate accidents involving watercraft utilising its full legal powers?

Minor drafting amendments

In its twenty‑ninth report of session 2022–23, the JCSI noted that the order could be clearer by confirming, in paragraph 2(1)(b) of Schedule 1, that the modified references to ‘the Act’ in regulation 1(2) of S.I. 1993/3138 relate to the Merchant Shipping Act 1995 rather than the Merchant Shipping (Registration, etc.) Act 1993.

The draft amendment order, at article 3, removes any uncertainty by explicitly making all references to “the Act” within schedule 1 to the MSA 1995.

Subsequently the JCSI also queried why schedule 1, paragraph1(11) of the order applied regulation 91 of S.I. 1993/3138, which disapplies schedule 1 to the Merchant Shipping (Registration, etc.) Act 1993.

In our response to JCSI, we noted that this was an error included, but not removed, in light of an earlier approach to drafting and that it would be corrected at the earliest opportunity.

Schedule 1 of S.I. 1993/3138 does not apply and schedule 1, paragraph 1(11) should therefore be removed in its entirety.

There is another minor drafting error in schedule 1. In paragraph 2 there is a reference to sub-paragraph (1) which is superfluous as there isn’t a second sub-paragraph. Again, this has no material impact on the operability of the order, but the opportunity is being taken to correct this error.

In our response to JCSI’s report we committed to, once again, making these amendments at the earliest possible juncture and an explanation is included in this consultation for completeness.

How to respond

See the ways to respond section of the consultation page on GOV.UK to find out how you can respond to this consultation.

The consultation period began on 3 February 2026 and will end on 3 March 2026.

Ensure that your response, which should be sent to maritimesafety@dft.gov.uk, reaches us before the closing date.

When responding state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of a larger organisation, make it clear who the organisation represents and, where applicable, how the views of members were assembled.

What will happen next?

A summary of responses, including next steps, will be published within 3 months of the consultation closing.

Paper copies are available on request from maritimesafety@dft.gov.uk.

If you have any questions about this consultation, contact:

Maritime Safety Team
Department for Transport
Great Minster House
33 Horseferry Road
London
SW1P 4DR

Or e-mail: maritimesafety@dft.gov.uk

Full list of questions

Do you agree that the proposed amendments will provide the required legal certainty to allow MAIB to investigate accidents involving watercraft utilising its full legal powers?

Freedom of Information

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

If you want 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 for Transport (DfT).

The department will process your personal data in accordance with the Data Protection Act (DPA) and, in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.

Data Protection

The DfT  is carrying out this consultation to seek views and evidence on draft legislation to improve the operation of the 2023 Order. This consultation, and the processing of personal data that it entails, is necessary for the exercise of our functions as a government department. If your answers contain any information that allows you to be identified the department will, under data protection law, be the Controller for this information.

As part of this consultation, we’re asking for your name and e-mail address. This is in case we need to ask you follow-up questions about any of your responses. You do not have to give us this personal information. If you do provide it, we will use it only for the purpose of asking follow-up questions.

The department’s privacy policy has more information about your rights in relation to your personal data, how to complain and how to contact the Data Protection Officer.

Your information will be kept securely on a secure IT system within the department and destroyed within 12 months after the consultation has been completed.

Consultation principles

This consultation is being conducted in line with the government’s consultation principles.

If you have any comments about the consultation process, contact:

Consultation Co-ordinator
Department for Transport
Zone 1/29
Great Minster House
London
SW1P 4DR

Or e-mail: consultation@dft.gov.uk