Consultation outcome

Draft Merchant Shipping (Watercraft) (Amendment) Order: consultation response summary and next steps

Updated 2 April 2026

Introduction

This consultation from the Department for Transport (the department) sought views on draft legislation to amend the Merchant Shipping (Watercraft) Order 2023 (the 2023 Order). ‘Watercraft’ are any powered recreational vessels such as jet skis or yachts and the amendments were required to improve the regulatory regime and make two minor revisions to the drafting of the 2023 Order which have no legal or practical impacts on its operation but which were highlighted by the Joint Committee for Statutory Instruments (JCSI) in its Twenty-Ninth Report of Session 2022-23.

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. More information about the 2023 Order and its provisions is available in Marine Guidance Note 684(M).

In summary, the changes the department proposed were intended to:

• provide legal clarity on the ability of the Marine Accident Investigation Branch (MAIB) to investigate accidents involving watercraft
• make the 2 minor drafting amendments requested by JCSI which:
  • 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

What the consultation asked

The department held a consultation seeking stakeholder views on a draft of the order between 3 February 2026 and 3 March 2026. The consultation noted the options the department had considered and sought comments on whether new legislation was necessary and delivered the intended policy outcome.

The consultation asked one question concerning the proposed amendments clarifying the MAIB’s ability to investigate accidents and incidents involving watercraft.

Responses received

The department received 17 responses and would like to take this opportunity to thank those who considered these proposals and provided comments.

Responses were received from:

• navigation authorities (41%)
• watercraft user groups (23%)
• maritime and associated membership organisations (18%)
• government bodies (6%)
• professional bodies representing the legal profession (6%)
• individuals (6%)

The following sections summarise the main themes and the responses received to the question in the consultation as well as the government’s response. Please note that the themes reflect the views of those responding only and are not government policy.

Summary of the main themes

All responses supported the need and rationale for legislation in this area and agreed that the draft legislation was fit for purpose and should be introduced in its consultation form.

However, several responses also noted that wider applicable legislation used different terms and whether an alternative expression or use of similar terminology and definitions might be clearer in some circumstances as well as suggesting a small number of stylistic drafting changes to improve presentation.

Responses raised the need to ensure that associated guidance was amended to reflect new statutory responsibility for the reporting of accidents and incidents involving watercraft. Responses also proposed that the requirement for statutory reporting of accidents and incidents be extended to all pleasure vessels although this was beyond the scope of the consultation. One response also suggested the introduction of a wider licensing regime for watercraft including mandatory registration.

Response summary and government reply

Question 1: 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?

The department wished to test its view that the proposed amendments would ensure clarity on the powers of the MAIB to investigation accidents and incidents involving watercraft.

Summary of responses

Of those who expressed a preference, all supported the proposal and agreed that the draft legislation would ensure clarity on the powers of the MAIB to investigate accidents and incidents involving watercraft.

Although it was agreed that the proposed drafting would deliver the intended outcome, some responses suggested alternative formulations which might further enhance the clarity of the legislation.

Some responses noted that the proposals would result in the need to amend related guidance and sought assurances that this material would reflect the requirement for statutory reporting of accidents and incidents involving watercraft.

Government reply

The department notes the support for its proposals to introduce new legislation in this area. It has considered the suggested revisions to the drafting style and has accepted an amendment to Article 3 to move the reference to ‘of the 1995 Act’ to appear immediately after ‘Section 58’ since this is in line with best practice. The other drafting style amendments have rejected these given that the intended outcome is achieved by the current drafting which is consistent with the terminology used in the parent 2023 Order which it will amend.

The text in footnote (b) to Article 2 was also amended to recognise the introduction of the Merchant Shipping (EPIRB and PLB Registration) (Radiocommunications) (Amendment) Regulations 2026 [SI 2026/306] which made minor amendments to Schedule 2 of the 2023 Order.

Relevant guidance and other supporting material have been updated and will be published shortly to coincide with the introduction of the MAIB’s new accident reporting regulations. Consultation on a draft of these regulations was completed in September 2025.

Other matters raised beyond the scope of the consultation

Although mentioned in the consultation paper to explain the presence of the additional amendments related to the JCSI within the Order, the department was not consulting on these provisions. These provisions were nevertheless considered in several responses all of which confirmed that, in their view, these would effectively resolve those drafting issues.

 The department does not believe that the introduction of a mandatory licensing regime for all watercraft is appropriate at this time but will maintain this position under review pending an analysis of the impact of the new regulations on watercraft safety. It is noted that the benefits of voluntary registration on the UK Ship Register are available to all watercraft users.

Next steps

The department intends to introduce this new legislation as soon as possible with the incorporation of the minor stylistic amendments noted above.