The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996

• (3) In new oil tankers, means shall be provided for stopping the discharge into the sea of ballast water or oil contaminated water from cargo tank areas, other than those discharges below the waterline permitted under paragraph (6), from a position on the upper deck or above, and so located that the manifold referred to in paragraph (1) and the discharge to the sea from the pipe lines referred to in paragraph (2) may be visually observed. The means for stopping the discharge may be situated elsewhere than at the observation position if an effective communication system, such as a telephone or radio system, is provided between the observation position and the discharge control position.

• (4) Every new oil tanker required to be provided with segregated ballast tanks or fitted with a crude oil washing system shall comply with the following requirements—

• (a) it shall be equipped with oil piping so designed and installed that oil retention in the lines is minimised;

• (b) means shall be provided to drain all cargo pumps and all oil lines at the completion of cargo discharge where necessary by connection to a stripping device, so designed that the line and pump drainings shall be capable of being discharged both ashore and to a cargo tank or a slop tank. For discharge ashore a special small diameter line shall be provided and connected outboard of the deck manifold valves, both port and starboard.

• (5) Every existing crude oil tanker required to be provided with segregated ballast tanks, or to be fitted with a crude oil washing system, or to operate with dedicated clean ballast tanks shall comply with the provisions of paragraph (4)(b).

• (6) Ballast water or oil contaminated water from the cargo tank areas of any oil tanker shall be discharged only above the waterline, except that—

• (a) segregated ballast and clean ballast may be discharged below the waterline—

• (i) in ports or at offshore terminals; or

• (ii) at sea by gravity,

provided that the surface of the ballast water has been examined immediately before the discharge to ensure that no contamination with oil has taken place;

• (b) existing oil tankers which, without modification, are not capable of discharging segregated ballast above the waterline may discharge segregated ballast below the waterline at sea, provided that the surface of the ballast water has been examined immediately before the discharge to ensure that no contamination with oil has taken place.

• (c) existing oil tankers operating with dedicated clean ballast tanks which without modification are not capable of discharging ballast water from the dedicated clean ballast tanks above the waterline, may discharge this ballast below the waterline provided that the discharge of the ballast water is supervised with the aid of an oil content meter as provided for in regulation 20(3).

• (d) dirty ballast water or oil contaminated water from tanks in the cargo area of an oil tanker at sea, other than slop tanks, may be discharged by gravity below the waterline, provided that sufficient time has elapsed in order to allow oil/water separation to have taken place and the ballast water has been examined immediately before the discharge with an oil/water interface detector of the kind referred to in regulation 15(3)(e), in order to ensure that the height of the interface is such that the discharge does not involve any increased harm to the marine environment.

• (e) dirty ballast water or oil contaminated water from cargo tank areas of an existing oil tanker may be discharged below the waterline, subsequent to or in lieu of discharge by the method referred to in subparagraph (d), provided that—

• (i) a part of the flow of such water is led through permanent piping to a readily accessible location on the upper deck or above where it may be visually observed during the discharge operation; and

• (ii) such part flow arrangements comply with the requirements set out in Schedule 3 in Merchant Shipping Notice No. 1643/MARPOL 1.

PART V — REQUIREMENTS FOR MINIMISING OIL POLLUTION FROM OIL TANKERS DUE TO SIDE AND BOTTOM DAMAGE

Interpretation

27

For the purposes of determining the permissible size and arrangements of cargo tanks and for assessing the standard of subdivision of oil tankers the meaning of “side and bottom damage” and “hypothetical outflow of oil” are set out in Schedule 4 in Merchant Shipping Notice 1643/MARPOL 1.

Limitation of size and arrangement of cargo tanks

28

• (1) Every new oil tanker shall comply with the provisions of this regulation. Every existing oil tanker shall comply with the provisions of this regulation if—

• (a) it was delivered to its first owner after 1st January 1977; or

• (b) it was delivered to its first owner on or before—

• (i) 1st January 1977; and

• (ii) the building contract for the tanker was placed after 1st January 1974, or in cases where there was no building contract the keel was laid or the tanker was at a similar stage of construction after 30th June 1974.

• (2) Cargo tanks of oil tankers shall be of such size and arrangement that the hypothetical outflow Oc or Os, calculated in accordance with the provisions of Schedule 4 in Merchant Shipping Notice No. 1643/MARPOL 1, anywhere in the length of the ship does not exceed 30,000 cubic metres or 400³✓DW, whichever is the greater, but subject to a maximum of 40,000 cubic metres.

• (3) The volume of any one wing cargo oil tank of an oil tanker shall not exceed 75 per cent of the limits of the hypothetical outflow Oc or Os, referred to in paragraph (2). The volume of any one centre cargo oil tank shall not exceed 50,000 cubic metres. However, in segregated ballast oil tankers as defined in regulation 18 the permitted volume of a wing cargo oil tank situated between two segregated ballast tanks, each exceeding Lc in length may be increased to the maximum limit of hypothetical oil outflow provided that the width of the wing tanks exceeds tc, where tc is defined in Schedule 4 in Merchant Shipping Notice No. 1643/MARPOL 1.

• (4) The length of each cargo tank shall not exceed 10 metres or one of the following values, whichever is the greater—

• (a) where no longitudinal bulkhead is provided inside the cargo tanks, the lesser of—

• (i) ; and

$(0.5biB+0.1)L$

• (ii) 0.2L;

• (b) where a centreline longitudinal bulkhead is provided inside the cargo tanks—

$(0.25biB+0.15)L$

;

• (c) where two or more longitudinal bulkheads are provided inside the cargo tanks—

• (i) for wing cargo tanks—

0.2L;

• (ii) for centre cargo tanks—

• (A) if

$biB$

is equal to or greater than one fifth—

0.2L;

• (B) if

$biB$

is less than one fifth—

where no centreline longitudinal bulkhead is provided—

(0.5

$(0.5biBis+0.1)L$

where a centreline longitudinal bulkhead is provided—

(0.25

$(0.25biB+0.15)L$

;

and in this paragraph “bi” is the minimum distance from the ship’s side to the outer longitudinal bulkhead of the tank in question measured inboard at right angles to the centreline at the level corresponding to the assigned summer freeboard.

• (5) In order not to exceed the volume limits established by paragraphs (2), (3) and (4) and irrespective of the type of cargo transfer system installed, when such a system inter-connects two or more cargo tanks, valves or other similar closing devices shall be provided for separating the tanks from each other. These valves or devices shall be closed when the tanker is at sea.

• (6) Lines of piping which run through cargo tanks in a position less than tc from the ship’s side or less than Vs from the ships bottom, where Vs is defined in Merchant Shipping Notice No. 1643/MARPOL 1, shall be fitted with valves or similar closing devices at the point at which they open into any cargo tank. These valves shall be kept closed at sea at any time when the tanks contain cargo oil, except that they may be opened for cargo transfer needed for the purpose of trimming of the ship.

Subdivision and stability

29

• (1) Every new oil tanker shall comply with the subdivision and damage stability criteria specified in Schedule 5, in Merchant Shipping Notice No. 1643/MARPOL 1.

• (2) The master of every new oil tanker and the person in charge of a new non-self propelled oil tanker to which these Regulations apply shall be supplied by the owner with—

• (a) information relating to loading and distribution of cargo necessary to ensure compliance with the provision of this regulation; and

• (b) data on the ability of the ship to comply with the damage stability criteria prescribed by this regulation, including the effect of any lesser requirements that may have been imposed by the Secretary of State.

Such information and data shall be supplied in an approved form.

PART VI — IMPROVED REQUIREMENTS FOR THE DESIGN AND CONSTRUCTION OF OIL TANKERS AGAINST OIL POLLUTION IN THE EVENT OF COLLISION OR STRANDING

“New” oil tankers (building contracts after 5th July 1993)

30

• (1) This regulation applies to oil tankers of 600 tons deadweight and above—

• (a) for which the building contract is placed on or after 6th July 1993; or

• (b) in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction on or after 6th January 1994; or

• (c) the delivery of which is on or after 6th July 1996; or

• (d) which has undergone a major conversion—

• (i) for which the contract is placed after 6th July 1993; or

• (ii) in the absence of a contract, the construction work of which is begun after 6th January 1994; or

• (iii) which is completed after 6th July 1996.

• (2) Subject to paragraphs (4) and (5), every oil tanker of 5,000 tons deadweight and above shall comply with the requirements of paragraph (3) and, in the case of an oil tanker in respect of which regulation 19 makes provision, compliance with the requirements of paragraph (3) shall be instead of compliance with the requirements of that regulation.

• (3) The entire cargo tank length shall be protected by ballast tanks or spaces other than cargo and fuel oil tanks, in accordance with the requirements set out in Schedule 6 in Merchant Shipping Notice No. 1643/MARPOL 1.

• (4) Double bottom tanks or spaces as required by paragraph (3) may be dispensed with, if the design of the tanker meets the conditions set out in Schedule 7 in Merchant Shipping Notice No. 1643/MARPOL 1.

• (5) Instead of complying with the requirements of paragraph (3) or (4), an oil tanker referred to in paragraph (2) may conform to other methods of design and construction, provided that such methods—

• (a) ensure at least the same level of protection against oil pollution in the event of collision or stranding; and

• (b) have the approval of the Secretary of State based on guidelines developed by the Organisation.

• (6) In an oil tanker to which this regulation applies, oil shall not be carried in any space extending forward of a collision bulkhead provided in accordance with regulation 3 in the Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1984[^f00016]. An oil tanker which is not required to have a collision bulkhead in accordance with the said regulation 3 shall not carry oil in any space extending forward of the transverse plane perpendicular to the centreline that is located as if it were a collision bulkhead provided in accordance with that regulation.

• (7) In approving the design and construction of an oil tanker to which this regulation applies, the Certifying Authority shall have due regard to general safety considerations (including the need for the maintenance of and for inspections of wing and double bottom tanks or spaces).

“Existing” oil Tankers (building contracts before 6th July 1993)

31

• (1) Subject to paragraphs (2) and (3), this regulation applies to every crude oil tanker of 20,000 tons deadweight and above and to every product carrier of 30,000 tons deadweight and above—

• (a) for which the building contract was placed before 6th July 1993; or

• (b) in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction before 6th January 1994; or

• (c) the delivery of which was before 6th July 1996.

• (2) This regulation does not apply (or, having applied, shall cease to apply) to a crude oil tanker or product carrier which has undergone a major conversion—

• (a) for which the contract is placed after 6th July 1993; or

• (b) in the absence of a contract, the construction work of which is begun after 6th January 1994; or

• (c) which is completed after 6th July 1996.

• (3) This regulation does not apply (or, having applied, shall cease to apply) to an oil tanker which, although not required to comply with the requirements of regulation 30,—

• (a) does in fact comply with—

• (i) the requirements of Schedule 6 in Merchant Shipping Notice 1643/MARPOL 1; or

• (ii) those requirements as modified in accordance with Schedule 7 in Merchant Shipping Notice 1643/MARPOL 1; or

• (b) conforms to other methods of design and construction which satisfy the requirements of regulation 30(5);

and, for the purposes of this regulation, an oil tanker which does not meet in all respects the requirements mentioned in sub-paragraph (a) or (b) as regards minimum distances between the cargo tank boundaries and the ship side and bottom plating shall be treated as meeting those requirements if—

• (A) the side protection distance is not less than that which the IBC Code specifies for Type 2 cargo tank location (that is to say, the said distance is nowhere less than 760mm from the shell plating); and

• (B) the bottom protection distance is not less than the lesser of B/15 and 2 metres.

In subparagraph (A) above, “IBC Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1994 Edition) published by the Organization and includes any document amending it which is considered relevant by the Secretary of State and is specified in a Merchant Shipping Notice.

• (4)

• (a) An oil tanker to which this regulation applies—

• (i) if it is a United Kingdom ship, shall be subject to an enhanced programme of inspections during renewal, annual, and intermediate surveys conducted pursuant to regulations 4, 5 and 6;

• (ii) if it is not a United Kingdom ship, shall have undergone periodical, intermediate and annual surveys as provided for by the Convention;

and the scope of such surveys shall at least comply (if the tanker is a United Kingdom ship) or have complied (if the tanker is not a United Kingdom ship) with guidelines developed by the Organization pursuant to regulation 13G(3)(a) of the Convention.

• (b) An oil tanker to which this regulation applies and which is over five years of age shall carry on board a complete file containing the reports or copies of the reports on surveys of the ship carried out pursuant to—

• (i) the requirements of these Regulations (if the tanker is a United Kingdom ship);

• (ii) the requirements of the Convention (if the tanker is not a United Kingdom ship);

and the file shall contain the results of all scantling measurement required and a statement of all structural work carried out and shall be available for inspection—

• (A) if the tanker is a United Kingdom ship, by the Certifying Authority, or by the competent authority of the Government of any State (other than the United Kingdom) which is a party to the Convention;

• (B) if the tanker is not a United Kingdom ship, by a Certifying Authority.

• (c) The file shall be accompanied by a condition evaluation report containing conclusions on the structural condition of the ship and its residual scantlings, and endorsed to indicate that it is considered satisfactory—

• (i) if the tanker is a United Kingdom ship, by the Certifying Authority;

• (ii) if the tanker is not a United Kingdom ship, by or on behalf of the Government of the State whose flag the ship is entitled to fly.

• (d) The file and condition evaluation reports shall be prepared in a standard format in accordance with guidelines developed by the Organization pursuant to the said regulation 13G(3)(a) of the Convention.

• (5)

• (a) Subject to paragraph (b), an oil tanker—

• (i) which is not a new oil tanker as defined in regulation 17(1); and

• (ii) to which this regulation still applies immediately before the expiration of 25 years from the date on which it was delivered;

shall on the expiration of that period become subject to the provisions of regulation 30(5), (6) and (7), subparagraphs 1.1 to 1.7 of Schedule 6 and Schedule 7 in Merchant Shipping Notice No. 1643/MARPOL 1, and this regulation shall cease to apply to it.

• (b) The tanker shall not become subject to the provisions referred to in subparagraph (a) above (and this regulation shall not cease to apply to it) until the expiration of 30 years from the date on which it is delivered if on the expiration of 25 years from that date wing tanks or double bottom spaces, not used for the carriage of oil and meeting the width and height requirements of paragraph 3 of Schedule 1 in Merchant Shipping Notice 1643/MARPOL 1, cover—

• (i) at least 30% of Lt for the full depth of the ship on each side; or

• (ii) at least 30% of the projected bottom shell area within the length Lt; where Lt is as defined in paragraph 1 of Schedule 1 in Merchant Shipping Notice No. 1643/MARPOL 1.

• (6) An oil tanker—

• (a) which is a new oil tanker as defined in regulation 17(1); and

• (b) to which this regulation applies immediately before the expiration of 30 years from the date on which it was delivered;

shall on the expiration of that period become subject to the provisions of regulations 30(5), (6) and (7), subparagraph 1.1 to 1.7 of Schedule 6 and Schedule 7 in Merchant Shipping Notice No. 1643/MARPOL 1 and this regulation shall cease to apply to it.

• (7) Any new ballast and load conditions resulting from the application of paragraph (5) shall, where the oil tanker is a United Kingdom ship, be subject to the approval of the Certifying Authority, and the Certifying Authority shall have particular regard to the longitudinal and local strength, intact stability and, if applicable, damage stability.

• (8) Other structural or operational arrangements may be accepted as alternatives to the requirements of paragraph (5) if the alternative arrangements ensure at least the same level of protection against oil pollution in the event of collision or stranding and have the approval of the Secretary of State (in the case of a United Kingdom ship) or of the Government of the State whose flag the ship is entitled to fly (in the case of a ship other than a United Kingdom ship) based on guidelines developed by the Organization pursuant to regulation 13G(7) of the Convention.

PART VII — OFFSHORE INSTALLATIONS

Requirements for Offshore Installations

32

• (1) Offshore installations, when engaged in the exploration, exploitation and associated offshore processing of sea bed mineral resources, shall comply with the requirements of these Regulations applicable to ships of 400 GT and above other than oil tankers, notwithstanding that the installations are not proceeding on a voyage, except that—

• (a) they shall be equipped as far as practicable with the systems and tanks required by regulations 14 and 25(1) and (2);

• (b) they shall keep a record of all operations involving oil or oily mixture discharges, in an approved form.

• (2) Unless the discharge is one specified in regulation 11, an offshore installation when so engaged shall not discharge into the sea any oil or oily mixture with an oil content of 15ppm or more.

• (3) For the purpose of this regulation—

• (a) “offshore installation” means any mobile or fixed drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of sea bed mineral resources;

• (b) “oil or oily mixtures” means discharge associated with platform drainage and does not include production or displacement water discharge.

PART VIII — PREVENTION OF POLLUTION ARISING FROM AN OIL POLLUTION INCIDENT

Shipboard oil pollution emergency plan

33

• (1) Every oil tanker of 150 GT and above and every ship (not being an oil tanker) of 400 GT and above shall carry on board an approved shipboard oil pollution emergency plan.

• (2) The plan shall be in accordance with the guidelines for the development of shipboard oil pollution emergency plans adopted by the Marine Environment Protection Committee of the Organization on 6th March 1992 by Resolution MEPC 54(32) and includes any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice; and the plan shall include at least—

• (i) the procedure to be followed by the master or other persons having charge of the ship to report an oil pollution incident as required by the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995[^f00017];

• (ii) the list of persons (including national and local authorities) to be contacted in the event of an oil pollution incident;

• (iii) a detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of oil following an incident; and

• (iv) the procedures and point of contact on the ship for co-ordinating shipboard action with national and local authorities in combating the pollution.

PART IX — POWERS TO INSPECT, DENY ENTRY, DETENTION AND PENALTIES

Power to Inspect

34

• (1)

• (a) A ship to which these Regulations apply shall be subject, in any United Kingdom port or offshore terminal, to inspections by persons appointed by the Secretary of State.

• (b) Any such inspection shall be limited to verifying that there is on board a valid IOPP Certificate in the form prescribed by the Convention or a UKOPP Certificate in a form prescribed by the Secretary of State, unless there are clear grounds for believing that the condition of the ship or its equipment does not correspond substantially with the particulars of that Certificate. In that case, or if the ship does not carry a valid certificate, the inspector shall take such steps as he may consider necessary to ensure that the ship shall not sail until it can proceed to sea without presenting an unreasonable threat of harm to the marine environment. The Secretary of State may in such a case permit the ship to leave the port or offshore terminal for the purposes of proceeding to the nearest appropriate repair yard.

• (c) Notwithstanding subparagraph (b) above, and without prejudice to any specific control provisions over operational procedures provided for in these Regulations, the inspector may investigate any operation regulated by these Regulations if there are clear grounds for believing that the master or crew are not familiar with essential ship board procedures for preventing pollution by oil. In the event of any such inspection revealing deficiencies the Inspector shall take such steps as to ensure that the ship will not sail until the situation has been brought to order in accordance with the requirements of these Regulations.

• (2) Upon receiving evidence that a particular ship has discharged oil or an oily mixture contrary to the provisions of these Regulations the Secretary of State shall cause the matter to be investigated and shall inform the State which has reported the contravention, as well as the International Maritime Organisation, of the action taken.

• (3) For the purposes of this regulation any person appointed as an inspector shall have the powers of an inspector set out in sections 259 and 260 of the Merchant Shipping Act 1995.

Power to deny entry or detain

35

• (1) If a harbour master has reason to believe that a ship which he believes proposes to enter the harbour does not comply with the requirements of these Regulations, he shall immediately report the matter to the Secretary of State who, if he is satisfied that the ship presents an unreasonable threat of harm to the marine environment, may deny the entry of such ship to United Kingdom ports or offshore terminals.

• (2)

• (a) In any case where a ship to which these Regulations apply is suspected of a contravention of the requirements of these Regulations, the ship shall be liable to be detained.

• (b) Where the steps taken by an inspector under regulation 34(1)(b) or (c) involve detention of the ship, or in the event of detention under this regulation, then section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modifications that as if the words “this Act” wherever they appear, there were substituted “the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996”.

• (3) Where a ship other than a United Kingdom ship is—

• (a) denied entry pursuant to paragraph (1); or

• (b) detained pursuant to paragraph (2); or

• (c) detained pursuant to regulation 37(3);

the Secretary of State shall immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State.

Penalties

36

• (1) If any ship fails to comply with any requirement of these Regulations (other than regulations 12, 13 and 16) the owner and the master of the ship shall each be guilty of an offence and punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by a fine.

• (2) If any ship fails to comply with any requirement of regulation 12, 13 or 16, the owner and the master shall each be guilty of an offence and section 131(3) of the Merchant Shipping Act 1995 shall apply as it applies to an offence under that section, so that each of the owner and the master shall be liable on summary conviction to a fine not exceeding £50,000 or on conviction on indictment to a fine.

• (3) It shall be a defence for a person charged under paragraph (1) of this regulation to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

• (4) Where an offence under this regulation is committed, or would have been committed save for the operation of paragraph (3), by any person due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.

Enforcement and application of fines

37

• (1) Any document required or authorised, by virtue of any statutory provision, to be served on a foreign company for the purposes of the institution of or otherwise in connection with, proceedings for an offence of contravening regulation 12, 13 or 16 alleged to have been committed by the company as the owner of a ship shall be treated as duly served on that company if the document is served on the master of the ship; and any person authorised to serve any document for the purposes of the institution of, or otherwise in connection with proceedings for an offence under these Regulations (whether or not in pursuance of the foregoing provisions of this paragraph) shall, for that purpose, have the right to go on board the ship in question.

• (2) In paragraph (1), a “foreign company” means a company or body which is not one to whom any of the following provisions applies—

• (a) section 695 and 725 of the Companies Act 1985[^f00018];

• (b) Article 645 and 673 of the Companies (Northern Ireland) Order 1986[^f00019],

so as to authorise the service of the document in question under any of those provisions.

• (3) A person exercising the power of detention conferred by regulation 35(2)(a) in respect of an alleged contravention of regulation 12, 13 or 16 shall immediately release the ship if—

• (a) no proceedings for the offence in question are instituted within the period of 7 days beginning with the day on which the vessel is detained;

• (b) such proceedings, having been instituted through exercise of the power conferred by paragraph (1) within that period, are concluded without the master or owner being convicted;

• (c) either—

• (i) the sum of £55,000 is paid to the Secretary of State by way of security; or

• (ii) security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £55,000 is given to the Secretary of State, by or on behalf of the master or owner; or

• (d) where the master or owner is convicted of the offence, any costs or expenses ordered to be paid by him, and any fine imposed on him, have been paid, or;

• (e) the release is ordered by a court or tribunal referred to in Article 292 of the United Nations Convention on the Law of the Sea 1982, and any bond or other financial security ordered by such a court or tribunal is posted.

• (4) The Secretary of State shall repay any sum paid in pursuance of paragraph (3)(c) or release any security so given—

• (a) if no proceedings for the offence in question are instituted within the period of 7 days beginning with the day on which the sum is paid; or

• (b) if such proceedings, having been instituted within that period are concluded without the master or owner being convicted.

• (5) Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (3)(c) and the master or owner is convicted of the offence in question, the sum so paid or the amount made available under the security shall be applied as follows—

• (a) first in payment of any costs or expenses ordered by the court to be paid by the master or owner; and

• (b) next in payment of any fine imposed by the court;

and any balance shall be repaid to the person paying the sum, or giving the security.

• (6) For the purposes of this regulation in its application to England and Wales and subject to paragraph (8) in its application to Northern Ireland—

• (a) proceedings for an offence are instituted—

• (i) when a justice of the peace issues a summons or warrant under section 1 of the Magistrates' Courts Act 1980[^f00020] in respect of the offence,

• (ii) when a person is charged with the offence after being taken into custody without a warrant,

• (iii) when a bill of indictment is preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933[^f00021];

and where the application of this paragraph would result in their being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times; and

• (b) proceedings for an offence are concluded without the master or owner being convicted on the occurrence of one of the following events—

• (i) the discontinuance of the proceedings;

• (ii) the acquittal of the master or owner;

• (iii) the quashing of the master or owner’s conviction for the offence;

• (iv) the grant of Her Majesty’s pardon in respect of the master or owner’s conviction for the offence.

• (7) For the purposes of this regulation in its application to Scotland—

• (a) proceedings for an offence are instituted—

• (i) on the granting by the sheriff of a warrant in respect of the offence on presentation of a petition under section 12 of the Criminal Procedure (Scotland) Act 1975[^f00022];

• (ii) when, in the absence of a warrant or citation, the master or owner is first brought before a court competent to deal with the case;

• (iii) when, in the case where he is liberated upon a written undertaking in terms of section 18(2)(a), 294(2)(a) or 295(1)(a) of the Criminal Procedure (Scotland) Act 1975, the master or owner appears at the specified court at the specified time;

• (iv) when, in a case mentioned in paragraph (iii) above where the master or owner fails to appear at the specified court at the specified time, the court grants warrant for his apprehension;

• (v) when summary proceedings are commenced in terms of section 33 1(3) of the Criminal Procedure (Scotland) Act 1975; and

• (b) proceedings for an offence are concluded without the master or owner being convicted on the occurrence of one of the following events—

• (i) the court pronounces a verdict of not guilty or not proven against the master or owner in respect of the offence;

• (ii) the proceedings are expressly abandoned (other than pro loco et tempore) by the prosecutor or are deserted simpliciter;

• (iii) the conviction is quashed;

• (iv) the accused receives Her Majesty’s pardon in respect of the conviction.

• (8) In its application to proceedings in Northern Ireland, paragraph (6)(a) above shall have effect as if—

• (a) in sub-paragraph (i), for the references to section 1 of the Magistrates' Courts Act 1980 there were substituted a reference to Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981[^f00023]; and

• (b) for sub-paragraph (iii) there were substituted—

(iii) when an indictment is presented under section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969[^f00024].

• (9) Where a fine imposed by a court in proceedings against the owner or master of a ship for an offence under regulations 12, 13 or 16 above is not paid or any costs or expenses ordered to be paid by him are not paid at the time ordered by the court, the court shall, in addition to any other powers for enforcing payment, have power to direct the amount remaining unpaid to be levied by distress or arrestment and sale of the ship, her tackle, furniture and apparel.

• (10) Where a person is convicted of an offence under regulations 12, 13 or 16 above, and the court imposes a fine in respect of the offence, then if it appears to the court that any person has incurred, or will incur, expenses in removing any pollution, or making good any damage, which is attributable to the offence, the court may order the whole or part of the fine to be paid to that person for or towards defraying those expenses.

PART X — PROCEEDINGS FOR POLLUTION OFFENCES COMMITTED OUTSIDE UK WATERS

Restriction on jurisdiction over offences outside UK limits

38

• (1) No proceedings for an offence of contravening regulation 12, 13 or 16 by a ship which is not a United Kingdom ship, which relates to a discharge in the internal waters, territorial waters or exclusive economic zone of another State shall be instituted unless—

• (a) that State, the flag state or a State damaged or threatened by the discharge requests that proceedings be taken; or

• (b) the discharge has caused or is likely to cause pollution in the internal waters, territorial sea or controlled waters of the United Kingdom.

• (2) Where proceedings for an offence of contravening regulation 12, 13 or 16 by a ship which is not a United Kingdom ship which relates to a discharge in the internal waters, territorial sea or exclusive economic zone of another State have been instituted but not concluded, and that State requests suspension of the proceedings, then—

• (a) proceedings shall be suspended; and

• (b) the Secretary of State shall transmit all the evidence and court records and documents relating to the case, together with any sum paid or security given pursuant to regulation 37 (3)(c), to that State.

• (3) It shall be a defence to a person charged with contravening regulation 12, 13 or 16 for the defendant to show—

• (a) that the ship is not a United Kingdom ship; and

• (b) the discharge took place outside the United Kingdom, its territorial waters and the controlled waters of the United Kingdom; and

• (c) the ship was in a port in the United Kingdom at the time of institution of proceedings by reason only of stress of weather or other reason beyond the control of the master or owner or charterer.

Suspension of proceedings at flag state request

39

• (1) This regulation relates to an alleged offence of contravening regulation 12, 13 or 16 by a ship which is not a United Kingdom ship, in relation to a discharge outside the United Kingdom or its territorial waters.

• (2)

• (a) Any proceedings for such an offence shall be stayed if the Court is satisfied that the flag state has instituted proceedings corresponding to the proceedings in United Kingdom in respect of the discharge, within six months of the institution of proceedings in the United Kingdom.

• (b) Subparagraph (a) above does not apply—

• (i) where the discharge resulted in major damage to the United Kingdom; or

• (ii) the Secretary of State certifies that the flag state has repeatedly disregarded its obligation to enforce effectively the requirements of the Convention in respect of its ships.

• (3) Where proceedings instituted by the flag state have been brought to a conclusion, the suspended proceedings shall be terminated.

• (4) Where the costs of the Secretary of State incurred in respects of proceedings suspended under paragraph (2) have been paid, any money paid or security given under regulation 37(3)(c) shall be released.

Supplementary

40

For the purposes of regulations 38 and 39, proceedings for an offence are to be treated as being instituted in the United Kingdom in the circumstances set out in regulation 37(6), (7) or (8) as the case may be.

Signed

Signed by the authority of the Secretary of State for Transport

Goschen — Parliamentary Under-Secretary of State, — 19th August 1996

Explanatory note

(This note is not part of the Regulations)

1 These Regulations consolidate the Merchant Shipping (Prevention of Oil Pollution) Regulations 1983 and subsequent amendments.

2 Technical details are now included in a Merchant Shipping Notice (No. 1643/MARPOL 1).

3 In addition the Regulations include a number of new provisions: a the Regulations incorporate the most recent amendments to Annex I of the International Convention for the Prevention of Pollution by Sea 1973, as amended by the Protocol of 1978 to that Convention (MARPOL), which were adopted at the 36th session of the Marine Environmental Committee (MEPC) to the International Maritime Organisation (IMO) in November 1994. The amendements which enter into force on 3 March 1996 provide a legal basis for port states to carry out inspections of shipboard operational procedures (regulation 34(1)(b) and (c)). b Certain extensions permitted by the United Nations Law of the Sea Convention 1982 (Cmnd 8941) are introduced, in particular— i discharges by non-United Kingdom ships into the United Kingdom’s controlled waters beyond the territorial sea and, subject to certain restrictions on institution of proceedings contained in regulation 38, elsewhere, are prohibited; but ii where proceedings for a discharge of type mentioned in paragraph (i) are instituted, they may be suspended if the flag state institutes proceedings (regulation 39); Merchant Shipping Notices referred to in the Regulations may be obtained from Eros Marketing Support Services Ltd,, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesley, Surrey KT8 0BN. The MARPOL Convention and Protocol, and amendments and resolutions and other publications of IMO and MEPC referred to in regulation 1(2) can be obtained from IMO, 4 Albert Embankment, London SE1 75R.

Footnotes

[^f00001]: S.I. 1983/1106, amended by S.I. 1985/2002, S.I. 1991/2885 and S.I. 1993/1580. The provisions that can be made under the Order were extended by section 128(6) of the Merchant Shipping Act 1995 (c. 21).

[^f00002]: S.I. 1996/282.

[^f00003]: S.I. 1996/2128.

[^f00004]: Cmnd. 5748.

[^f00005]: Cmnd. 7347.

[^f00006]: Cmnd. 5169.

[^f00007]: 1995 c. 21.

[^f00008]: Cmnd. 7347.

[^f00009]: Cmnd. 8941.

[^f00010]: S.I. 1987/551, amended by S.I. 1990/2604 and S.I. 1994/2083.

[^f00011]: S.I. 1983/1398.

[^f00012]: S.I. 1985/2040.

[^f00013]: S.I. 1992/98.

[^f00014]: S.I. 1993/1680.

[^f00015]: S.I. 1994/2085.

[^f00016]: S.I. 1984/1217, to which the only relevant amending instrument is S.I. 1985/661.

[^f00017]: S.I. 1995/2498.

[^f00018]: 1985 c. 6.

[^f00019]: S.I. 1986/1032 (N.I.6).

[^f00020]: 1980 c. 43.

[^f00021]: 1933 c. 36.

[^f00022]: 1975 c. 21.

[^f00023]: S.I. 1981/1657 (N.I.26).

[^f00024]: 1969 c. 15(N.I.).