ISM - consultation outcome report
Updated 17 October 2025
Section 1: Introduction
1) The Maritime and Coastguard Agency (MCA), an executive Agency of the Department for Transport (DfT), carried out a public consultation from 17 July to 13 August 2025 on the proposal to make the Merchant Shipping (International Safety Management (ISM) Code) Regulations 2025.The Regulations will revoke the UK assimilated version of Regulation (EC) 336/2006 on the implementation of the International Safety Management Code (the “2006 EC Regulation”) and the Merchant Shipping (International Safety Management (ISM) Code) Regulations 2014 and replace those instruments with a new single set of Regulations requiring compliance with the International Safety Management Code (“ISM Code”). The consultation was carried out without the draft Regulations but explained the policy approach to be taken by them. The consultation was published on GOV.UK , and notifications of the consultation were sent to marine industry stakeholders, government Departments and maritime bodies with professional and specialist functions.
2) The main aims of the new SI are as follows.
Scope: the policy objective is that the new SI should apply the ISM Code to the same categories of vessels to which the 2006 EC Regulation and 2014 Regulations originally applied prior to EU Exit, although the new SI no longer uses the concept of a “regular shipping service” but applies generally to any service. In addition, the new SI will extend the current ISM Code obligations to ro-ro-passenger ferries and high-speed craft operating in UK categorised waters as per Merchant Shipping Note (MSN) 1837(M) Amendment 3. This is to fix a perceived omission from the 2014 Regulations but has no impact as in practice as all such vessels are already compliant with ISM. For other types of passenger ships, the obligations continue only to apply domestically when those vessels are engaged on voyages in sea areas A and B. The obligations will continue to apply domestically to cargo ships of 500 gross tonnes or more operating in all sea areas (but not if operating exclusively in categorised waters). The new SI also provides that the obligations will apply to UK flagged ships engaged only in domestic voyages within the territorial waters of other countries, although it may be possible for such ships to obtain an exemption if the MCA is satisfied that is appropriate in the circumstances.
Single set of Regulations: the new SI will clarify the current legislation by replacing the two existing instruments with a single set of Regulations which removes the complex cross references between the existing instruments and the need to refer to EU legislation.
Updated procedural and enforcement provisions: the new SI will update the provisions of the existing legislation on the procedures for obtaining Documents of Compliance and Safety Management Certificates and exemptions, to bring them into line with the approach in more recent legislation implementing other certification and survey requirements under SOLAS. The new SI will continue to provide for criminal offences for breaches of ISM Code requirements but the drafting of the criminal offence provisions has been clarified. In addition, and in line with other recent SOLAS implementing legislation, the new SI includes new criminal offences in relation to falsification of documents or information. The coming into force of the new SI will not prematurely invalidate certificates already issued pursuant to the 2014 Regulations.
Removal of gaps arising from EU Exit: the new SI will remove gaps which have arisen in the current legislation because of the UK’s departure from the EU, as a result of which references in the assimilated 2006 EC Regulations to “member state” no longer include the UK. This has mainly affected the application of the current legislation to domestic ships. Those provisions in the assimilated 2006 EC Regulation which impose obligations on “member states” are inoperable and will be revoked using powers in the Retained EU Law (Revocation and Reform) Act 2023.
Ambulatory reference provision: the new SI will include an ambulatory reference provision, using the powers in s306A of the Merchant Shipping Act. This will mean that references to the ISM Code and references to certain technical provisions of SOLAS and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), can be interpretated as references to the most up to date version of those instruments, including any amendments which take effect after the new SI has come into force. This reduces the need to make amending legislation each time the ISM Code or the relevant provisions of these two Conventions are amended, unless the UK objects to any such amendments taking effect.
Section 2: Consultation
3) The consultation was carried out between 17 July and 13 August 2025.
4) A total of three responses were received. One of these was from the United Kingdom Chamber of Shipping, one from a UK shipping company and one from an individual.
Section 3: Consultation outcome
5) Questions posed
Question 1
Do you agree with the policy approach outlined in the Consultation document?
Responses
All respondents confirmed they agreed with the policy approach outlined in the Consultation document, one with caveats which related to sovereignty and employment of UK seafarers.
Government comments
The ISM Code is part of the International Convention for the Safety of Life at Sea 1974 (SOLAS) to which the UK is a party. The government considers that it is strongly in the interests of the UK and its seafarers for the UK to be a party to the SOLAS Convention, which it has been since 1977. The UK chose to become a party to the SOLAS Convention, and has been a major contributor and influencer over many years.
Question 2
Do you agree that the MGN is clear and free of typographical errors?
Responses
The respondents agree that the MGN is clear and free of typographical errors apart from one. It was suggested by this respondent that paragraph 1.3.2 is “disjointed” and suggests that it should instead read, “and it is either impractical or unreasonable for the vessel in question to meet the requirement(s)”.
Government comments
The government appreciates this point and agrees that the wording to the sub-paragraph requires improvement and will take action in this regard.
Question 3
Do you have any comments on costs or impacts in the DMOA, and do you believe there are any potential unintended consequences?
Responses
The respondents did not have any comments on the costs or impacts in the DMOA, and do not believe there are any potential unintentional consequences.
Government comments
The government welcomes unanimous support on this measure.
Question 4
In respect of UK ships operating domestically in other countries. Do you agree that they should be included in the scope of the new ISM Regulations?
Responses
The two who responded to this question agreed.
Government comments
The government welcomes the support received from respondents on the approach to the vessels in question.
Question 5
Do you have any additional comments to add to the response?
Responses
Two respondents did not have additional comments to add to the response and one did.
The respondent that did have additional comments noted that all language in the regulations must be stripped of ideological or politicised terminology.
Government comments
It can be confirmed that there is no politicised terminology. The Regulations simply transpose the requirements of the Convention.
Section 4: Next steps
6) The government will finalise the Regulations with a view to bringing them into force as soon as possible.
7) The government would like to take this opportunity to thank all who responded to this consultation.