Draft Shipping (IMO Conventions) (Jersey) Amendment Law 202- (P.36/2026): comments

STATES OF JERSEY

DRAFT SHIPPING (IMO
CONVENTIONS) (JERSEY)
AMENDMENT LAW 202-(P.36/2026): COMMENTS

Presented to the States on 20th March 2026

by the Economic and International Affairs Scrutiny Panel

STATES GREFFE

2026  P.36 Com.

COMMENTS

Introduction

The Draft Shipping (IMO Conventions) (Jersey) Amendment Law 202- [P.36/2026] (the draft Law') was lodged au Greffe on 10th February 2026 by the Minister for Sustainable Economic Development (the Minister') and is scheduled for debate on 24th March 2026.

The Panel understands that the purpose of the draft Law is to update Jersey's maritime legislation  so  that  it  properly  reflects  the  international  convention,  International Maritime Organisation (IMO), to which Jersey is a member of the. By modernising this legislative framework, the draft Law indicates that Jersey's standing within the Red Ensign Group would be strengthened and that the Island would be in a better position ahead of the forthcoming audit of its Maritime Administration in 2026

Panel Observations

The Panel requested by  correspondence  an overview of the Draft Shipping (IMO Conventions) (Jersey) Amendment Law 202-. The Panel was informed by the Minister that, in 2022, Jersey underwent an audit under the IMO Instruments Implementation Code (III Code). The III Code establishes a global standard to ensure that states meet their responsibilities as flag, port, and coastal states under the international conventions they have committed to, such as the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention for the Prevention of Pollution from Ships (MARPOL)

Audit findings – legislative shortcomings

The audit concluded that Jersey's maritime legislation did not accurately reflect the international conventions to which it is a party. The Panel understands that this occurred because updates to relevant IMO conventions were not properly incorporated into Jersey's maritime law when it was drafted. As a result, the IMO provisions included in Jersey's legislation remain in their original outdated form rather than reflecting their current versions. Since IMO conventions are typically revised every few years, Jersey's legislation  has  fallen  significantly  behind  these  updates,  leaving  it  below  IMO standards, and therefore, noncompliant with the III Code

The Minister advised the Panel that in order to address this finding, a legislative project had been initiated, consisting of two propositions. Firstly, the draft Shipping (IMO Conventions) (Jersey) Amendment Law 202- will provide the States Assembly, through amendments  to  primary  law,  with  the  power  to  amend  relevant  regulations  with ambulatory references (effectively mechanisms that provide for the incorporation of external documents, for example standards or guidelines, into legislation as they change over time). Secondly, the Draft Shipping (IMO Conventions) (Jersey) Amendment Law 202- will provide the building blocks for subordinate legislation, such as the regulations and  orders that sit under the primary law, to be amended to include  ambulatory references. The Minister went on to inform the Panel that:

"once the project is complete, any reference to an IMO Convention will always reference the current version of the IMO convention or UK legislation, ensuring Jersey's legislation does not fall behind again. The changes will help to ensure

Jersey's reputation within the Red Ensign Group and wider international maritime community is upheld through the demonstration of robust compliance with international maritime obligations and will strengthen Jersey's position prior to the next audit in September 2026."[1]

The Panel questioned why Jersey's maritime legislation had fallen behind current international standards, and the reason why there had been no updates undertaken to bring it in line with those standards. The Minister explained to the Panel that updates to relevant  IMO  conventions  such  as  SOLAS  and  MARPOL  were  not  correctly incorporated into Jersey's maritime law when it was first drafted. According to the Minister, this was probably due to an administrative oversight at the time with the gaps only coming to light because of the recent audit in 2022. The Minister went on to inform the Panel that IMO conventions are updated through a tacit acceptance, meaning amendments automatically come into force on a set date unless a significant number of member states formally object. As a result, even if Jersey has not yet incorporated these updates into its legislation, it is still expected to comply with the conventions.

Furthermore, the Panel was informed that over the past few years, there has been large amount of maritime legislative reform that has taken place such as amendments to the Shipping (Jersey) Law 2002, the Harbours (Inshore Safety) (Jersey) Regulations 2012, and the Shipping (Registration) (Jersey) Regulations 2004. The Minister highlighted to the Panel that resourcing pressures within the Department has resulted in projects being prioritised.

The  Minister  explained  that,  while  Jersey  has  an  existing  maritime  regulatory framework, gaps in the law and limits on enforcement have created practical and safety challenges. He noted, for example, that port authorities have previously raised concerns when  Jersey  registered  vessels  operating  commercially  in  international  waters  or inspected in foreign ports were questioned about their compliance with international conventions:

"The introduction of ambulatory referencing will ensure Jersey flagged vessels do not fall behind in demonstrating compliance with international standards in future."[2]

Consultation

A consultation was conducted between November and December 2025, however, the Panel noted that no responses were received. The Panel questioned the Minister as to why no responses were received during the consultation. The Minister advised that various methods to promote and encourage participation were utilised but that, whilst he is unable to provide reasoning as to why no response was received, this might be due to the proposition being regarded as uncontroversial by stakeholders.

Ambulatory referencing

The Panel asked why the use of ambulatory referencing is considered necessary in this context. The Minister explained that ambulatory referencing is an important mechanism which would allow for future updates to applicable maritime conventions to take place

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automatically. This mechanism would ensure that Jersey's maritime legislation remains up to date by automatically reflecting the latest versions of the relevant conventions.

The Minister went on to state the burdens that could arise if ambulatory referencing is not adopted:

"Further, if ambulatory referencing is not adopted, a project to update the relevant  law  and/or  regulations  will  need  to  be  undertaken  every  time  a maritime convention (which Jersey has already signed up to) is updated. Given the volume of work and resource required to update legislation, across the Economy Department, the Law Officers Department and the Law Drafting Office, this is deemed unsustainable and inefficient."3

Conclusion

The Panel understands that the draft Shipping (IMO Conventions) (Jersey) Amendment Law 202- seeks to update Jersey's maritime legislation to bring it in line with the IMO conventions that the Island has signed up to, and to address the audit findings that Jersey Maritime legislation was no longer reflecting the latest versions of IMO conventions.

Based on the information provided in briefings and written correspondence, the Panel is  satisfied  that  the  proposed  draft  Law  allows  Jersey  to  fulfil  its  international obligations  and  to  put  in  place  mechanisms  to  maintain  compliancy  with  IMO Conventions  through  the  use  of  ambulatory  referencing.  Accordingly,  the  Panel supports the proposition.

3 Letter - MSED to EIA re Quarterly Follow-up Questions - 27th February 2026

[1] Letter - MSED to EIA re Quarterly Follow-up Questions - 27th February 2026

[2] Letter - MSED to EIA re Quarterly Follow-up Questions - 27th February 2026

P.36/2026 Com.