Candidates typically confuse the two notice types, or treat them as interchangeable enforcement tools. The examiner is looking for a Master who understands the legal distinction, knows who may issue them, and — critically — knows what action the Master must take and what rights the vessel has. Vague answers such as 'you have to fix the problem' will not pass at command standard.
Who issues them
Improvement and prohibition notices are issued by MCA surveyors (Marine Surveyors and Port State Control Officers) under the Merchant Shipping Act 1995, Part X — specifically sections 261 and 262. A surveyor does not need to prove an immediate danger to issue an improvement notice.
Improvement Notice (s.261 MSA 1995)
Issued when a surveyor is of the opinion that a relevant statutory provision is being contravened, or has been contravened in circumstances that make it likely the contravention will continue or be repeated. The notice:
- States the provision concerned and the reasons for the surveyor's opinion
- Specifies a period within which the Master/owner must remedy the contravention
- Does not prevent the vessel from sailing unless a prohibition notice is also issued
The Master must ensure compliance within the stated period. The notice must be brought to the attention of those responsible — at command standard you own that obligation. Think of an improvement notice as contravention → fix → by a date.
Prohibition Notice (s.262 MSA 1995)
Issued when a surveyor believes activities involve, or will involve, a risk of serious personal injury (to anyone — those on board or otherwise) or a risk of pollution. This is the key trigger — risk of serious personal injury or pollution, not merely a regulatory breach. The notice:
- Specifies the activities prohibited and the reasons
- Takes effect immediately (or, if the surveyor directs, at a stated future time)
- Prevents the vessel from sailing or continuing the prohibited activity — including detaining the ship until the matter is remedied or the notice is withdrawn
PSC inspectors invoke exactly this power when they identify clearly hazardous deficiencies. A vessel subject to a prohibition notice cannot sail. Think of it as risk → stop → now. Attempting to sail is a criminal offence under the Master's personal responsibility. Obstructing a surveyor in the exercise of these powers is itself a separate offence under s.260.
The Improvement vs Prohibition Contrast
| Improvement Notice | Prohibition Notice | |
|---|---|---|
| Trigger | Contravention of statutory provision | Risk of serious personal injury or pollution |
| Effect on sailing | None (unless combined with prohibition) | Vessel detained until remedied or notice withdrawn |
| Timing | Remedy within specified period | Immediate (or deferred if surveyor directs) |
| Appeal suspends notice? | Yes | No — remains in force unless arbitrator directs otherwise |
Appeals (s.264 MSA 1995)
Both notices may be appealed by reference to a single arbitrator, and any such reference must be made within 21 days of the notice being served. The appeal asymmetry is critical:
- Lodging an appeal against an improvement notice suspends that notice pending the outcome.
- Lodging an appeal against a prohibition notice does not automatically suspend it — the notice remains in force and the vessel remains detained unless the arbitrator specifically directs otherwise.
Compensation (s.265 MSA 1995)
Where a prohibition notice is found to have been issued without valid grounds, compensation is payable by the Secretary of State. This reflects the significant commercial impact a prohibition notice can have.
Command Obligations
On receipt of either notice the Master must:
- Record receipt in the Official Log Book
- Retain the original notice on board
- Notify the owner/operator and, where applicable, the Company (SMS obligation)
- Not sail under an active prohibition notice
- Verify that any rectification work genuinely resolves the specified contravention before claiming compliance
A surveyor may re-inspect before withdrawing the notice. Do not assume compliance is self-certifying.