Citation, commencement and extent

1.—(1) These Regulations may be cited as the Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) (Amendment) Regulations 2026 and come into force on 15th April 2026.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendment of the Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022

2.—(1) The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022(4) are amended as follows.

(2) In regulation 2 (interpretation)—

(a)after the definition of “discharge”, insert—

““electronic record book” means a device or system used to record information electronically;”;

(b)omit the definition of “nominated body”.

(3) In regulation 4 (application)—

(a)for paragraph (2), substitute—

“(2) These Regulations do not apply to—

(a)a ship which is not designed or constructed to carry ballast water;

(b)a ship which operates solely—

(i)in United Kingdom waters or controlled waters; or

(ii)in United Kingdom waters or controlled waters and in the waters or exclusive economic zones of the Crown Dependencies,

where the Secretary of State has determined that the criteria described in paragraph (4) are satisfied;

(c)a ship which operates solely—

(i)in the areas specified in sub-paragraph (b)(i) and on the high seas; or

(ii)in the areas specified in sub-paragraph (b)(ii) and on the high seas,

where the Secretary of State has determined that the criteria described in paragraph (4) are satisfied;

(d)a United Kingdom ship which operates solely in the waters of another Contracting State where that State has agreed that the ship is not subject to any requirements which implement the Convention in that State;

(e)a United Kingdom ship which operates solely—

(i)in accordance with sub-paragraph (d); and

(ii)on the high seas,

where the Secretary of State has determined that the criteria described in paragraph (4) are satisfied;

(f)a warship or naval auxiliary;

(g)a Government ship(5); or

(h)a ship which carries permanent ballast water in sealed tanks, which is not subject to discharge.”;

(b)for paragraph (4), substitute—

“(4) For the purposes of paragraph (2)(b), (c) or (e), the criteria are that the discharge of ballast water from a ship would not impair or damage the environment, human health, property or resources within the areas specified in paragraph (2)(b), (c) or (e) or those of adjacent or other States.”.

(4) In regulation 10 (ballast water record book)—

(a)for paragraph (1), substitute—

“(1) Every ship must have on board a ballast water record book which contains the information specified in Schedule 1 to Merchant Shipping Notice MSN 1908 (M+F) Amendment 3.

(1A) For the purposes of paragraph (1), a ballast water record book may be—

(a)an electronic record book approved in accordance with regulation 10A;

(b)integrated into another record book or system.”;

(b)in paragraph (2), for “Merchant Shipping Notice MSN 1908 (M+F)”, substitute “Merchant Shipping Notice MSN 1908 (M+F) Amendment 3”;

(c)for paragraph (5), substitute—

“(5) The master of the ship must—

(a)sign each completed page of the ballast water record book; or

(b)verify a group of electronic entries as soon as reasonably practicable.”.

(5) After regulation 10, insert—

Approval of electronic record book

10A.—(1) An electronic record book must—

(a)in the case of a United Kingdom ship, be approved by a Certifying Authority; or

(b)in the case of any other ship, be approved by the ship’s flag State.

(2) An approval given under paragraph (1)(a) must take into account the guidelines referred to in section 5 of Merchant Shipping Notice MSN 1908 (M+F) Amendment 3.

(3) An approval given under paragraph (1)(a) may, on the giving of reasonable notice, be continued, altered or cancelled.

(4) Any approval given under paragraph (1)(a), or a continuation, alteration or cancellation under paragraph (3), must—

(a)be in writing;

(b)specify the date on which it takes effect; and

(c)specify the terms, if any, on which it is given.

(5) The requirement that the approval referred to in paragraph (1)(a), or a continuation, alteration or cancellation under paragraph (3), be in writing is satisfied where the text of the approval, continuation, alteration or cancellation is—

(a)transmitted by electronic means;

(b)received in legible form; and

(c)capable of being used for subsequent reference.”.

(6) In regulation 44 (offences), in paragraph (1)(b)—

(a)for “10(1)(a)” substitute “10(1)”; and

(b)before “16(2)”, insert “10A(1) (approval of electronic record book),”.

(7) In each place it appears in the provisions specified in paragraph (8), for “Merchant Shipping Notice MSN 1908 (M+F)” substitute “Merchant Shipping Notice MSN 1908 (M+F) Amendment 3”.

(8) The provisions are—

(a)regulation 2 (interpretation), in the definitions of—

(i)IBWM Certificate;

(ii)IOPP renewal survey;

(b)regulation 6(1) (exceptions to the requirement to conduct ballast water management);

(c)regulation 7(2) (exemptions from the requirement to conduct ballast water management);

(d)regulation 9(2) and (4) (ballast water management plan);

(e)regulation 11(3) and (7) (location of ballast water exchange);

(f)regulation 14(3) (requirement to provide sediment reception facilities);

(g)regulation 22 (interpretation of Part 6);

(h)regulation 26(1) (issue of IBWM Certificates by a Certifying Authority in respect of United Kingdom ships);

(i)regulation 32(4) (additional surveys of United Kingdom ships).

Amendment of the Merchant Shipping (Fees) Regulations 2018

3.—(1) The Merchant Shipping (Fees) Regulations 2018(6) are amended as follows.

(2) In the table in paragraph 5 of Part 1 of Schedule 1 (fees under the Merchant Shipping Act 1995), under heading J (prevention and control of pollution), in respect of the entry for the Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022, in the third column, after “2025/1280”, insert “2026/305”.