The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009

Made: 11th May 2009

Laid before Parliament: 11th May 2009

Coming into force: 1st July 2009

The Secretary of State makes the following Regulations in exercise of the powers conferred by article 3 of the Merchant Shipping (Prevention of Oil Pollution) Order 1983 , articles 3 and 5 of the Merchant Shipping (Prevention and Control of Pollution) Order 1987 , article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996 , sections 85 and 86 of the Merchant Shipping Act 1995 and section 2(2) of the European Communities Act 1972 .

The Secretary of State is a Minister designated for the purposes of section 2(2) of that Act in relation to measures relating to maritime transport.

Citation and commencement

1

These Regulations may be cited as the Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 and come into force on 1st July 2009.

Interpretation

2

In these Regulations—

• “the Act” means the Merchant Shipping Act 1995; and

• “the Directive” means Directive 2005/35/EC of the European Parliament and of the Council of 7th September 2005 on ship-source pollution and on the introduction of penalties for infringements .

Amendment of section 131 of the Merchant Shipping Act 1995

3

• (1) Section 131 of the Act (discharge of oil from ships into certain United Kingdom waters) is amended as follows.

• (2) Before subsection (1) insert—

(A1) In this section “relevant discharge” means— (a) a discharge of oil or a mixture containing oil which is made— (i) from a ship which is an offshore installation, and (ii) into United Kingdom national waters which are navigable by sea-going ships, or (b) a discharge of oil or a mixture containing oil which is made— (i) from a ship which is not an offshore installation, and (ii) into United Kingdom national waters which are navigable by sea-going ships but which do not form part of the sea.

• (3) In subsection (1)—

• (a) for the words from “If any oil” to “seagoing ships, then” substitute “ If there is a relevant discharge ”;

• (b) in paragraph (a), omit “if the discharge is from a ship,”; and

• (c) in paragraph (b), for “is from a ship but” substitute “ from the ship ”.

• (4) In subsection (2) after “any discharge” insert “ from an offshore installation ”.

• (5) After subsection (3) insert—

(3A) In this section “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.

Amendment of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision

6

The amendments made by regulation 3 do not apply in relation to any discharge which occurred before the coming into force of these Regulations.

Signed

Signed by authority of the Secretary of State for Transport

Jim Fitzpatrick — Parliamentary Under Secretary of State — 2009-05-11

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 1983/1106. Article 3 was amended by S.I. 1985/2002, 1991/2885 and 1993/1580.

[^f00002]: S.I. 1987/470. Article 3 was amended by S.I. 1990/2595. Article 5(1) was inserted by S.I. 1997/2569 and amended by S.I. 1998/254.

[^f00003]: S.I. 1996/282.

[^f00004]: 1995 c.21. Sections 85 and 86 were amended by sections 8 and 29 of, and Schedule 7 to, the Merchant Shipping and Maritime Security Act 1997 (c.28). Relevant amendments to section 85 were also made by section 2 of the British Overseas Territories Act 2002 (c.8).

[^f00005]: 1972 c.68.

[^f00006]: S.I. 1994/757.

[^f00007]: OJ No L 255, 30.9.2005, p11.

[^f00008]: S.I. 1996/2154, amended by S.I. 1997/1910, 2000/483, 2004/303 and 2005/1916.

[^f00009]: Paragraph 2 of regulation 35 was substituted by S.I. 2004/303.

[^f00010]: Paragraph 3(c) of regulation 37 was amended by S.I. 1997/1910.

[^f00011]: S.I. 1996/3010, amended by S.I. 1997/2971, 1998/1153 and 2004/930.

[^f00012]: Paragraph 1A of regulation 14 was inserted by S.I. 1998/1153.

Editorial notes

[^c19692021]: S.I. 1983/1106. Article 3 was amended by S.I. 1985/2002, 1991/2885 and 1993/1580.

[^c19692031]: S.I. 1987/470. Article 3 was amended by S.I. 1990/2595. Article 5(1) was inserted by S.I. 1997/2569 and amended by S.I. 1998/254.

[^c19692041]: S.I. 1996/282.

[^c19692051]: 1995 c.21. Sections 85 and 86 were amended by sections 8 and 29 of, and Schedule 7 to, the Merchant Shipping and Maritime Security Act 1997 (c.28). Relevant amendments to section 85 were also made by section 2 of the British Overseas Territories Act 2002 (c.8).

[^c19692061]: 1972 c.68.

[^c19692071]: S.I. 1994/757.

[^c19692081]: OJ No L 255, 30.9.2005, p11.

[^key-7c49a31d715cba0eeb196f2df94df277]: Reg. 5 revoked (12.3.2018) by The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 (S.I. 2018/68), reg. 1(1), Sch. Pt. 2 (with reg. 5)

[^key-b958d7c21f78007a67ff5ace0befaa4e]: Reg. 4 revoked (1.3.2019) by The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 (S.I. 2019/42), reg. 1(1), Sch. Pt. 2 (with regs. 2, 5)