The Ship Recycling Facilities Regulations 2015

Made: 23rd February 2015

Laid before Parliament: 3rd March 2015

Coming into force: 26th March 2015

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment .

The Secretary of State has consulted the Health and Safety Executive and the Office for Nuclear Regulation, as required by section 50(2) of the Health and Safety at Work etc. Act 1974 and makes these Regulations in exercise of the powers conferred by sections 15(1), (2) and (4)(a) and 43(2) of, and paragraphs 1(1)(c) and (2) and 4(1) of Schedule 3 to, that Act and by section 2(2) of the European Communities Act 1972.

Citation, commencement and application

1

• (1) These Regulations may be cited as the Ship Recycling Facilities Regulations 2015 and come into force on 26th March 2015.

• (2) They do not apply to Northern Ireland.

Interpretation

2

• (1) In these Regulations—

• “the 1974 Act” means the Health and Safety at Work etc. Act 1974;

• “the Agency”, in relation to a ship recycling facility, means—in England, the Environment Agency;in Wales, the Natural Resources Body for Wales;in Scotland, the Scottish Environment Protection Agency;

• “the EU Ship Recycling Regulation” means Regulation (EU) No 1257/2013 of the European Parliament and of the Council on ship recycling ;

• ...

• “the Executive” means the Health and Safety Executive;

• “permit” means—in England and Wales, an environmental permit authorising the operation of a regulated facility under the Environmental Permitting (England and Wales) Regulations 2016;in Scotland, means a waste management licence granted under Part II of the Environmental Protection Act 1990 or a permit granted under the Pollution Prevention and Control (Scotland) Regulations 2012 ;

• “suspension notice” means—in England and Wales, a notice under regulation 37 of the Environmental Permitting (England and Wales) Regulations 2016;in Scotland, a notice to give effect to suspension of a licence under section 38(6) of the Environmental Protection Act 1990 or a notice under regulation 56 of the Pollution Prevention and Control (Scotland) Regulations 2012.

• “United Kingdom List” means the list of ship recycling facilities published by the Secretary of State under Article 16 of the EU Ship Recycling Regulation;

• “United Kingdom Ship” means a ship registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995.

• (2) Terms which are used in these Regulations that are used in the EU Ship Recycling Regulation have the meaning they bear in that Regulation.

Designation of competent authority

3

The Agency and the Executive acting jointly are the competent authority for the purposes of the EU Ship Recycling Regulation.

Authorisation of ship recycling facilities

4

• (1) The Agency's functions in relation to a permit for a ship recycling facility include ensuring compliance with Articles 13 to 15 of the EU Ship Recycling Regulation, but the Agency must only exercise any such functions relating to health and safety with the consent of the Executive.

• (2) A condition relating to health and safety to ensure compliance with Articles 13 to 15 of the EU Ship Recycling Regulation may be imposed by a permit for a ship recycling facility.

• (3) A power to serve a suspension notice in relation to a permit for a ship recycling facility includes the power to serve a notice where the competent authority considers that the operation of the facility involves a serious risk to health and safety.

Application of the 1974 Act

5

Any function of the Executive under any provision of the 1974 Act in respect of health and safety regulations is exercisable as if Articles 13 to 15 of the EU Ship Recycling Regulation were health and safety regulations for the purposes of that Act.

Health and safety fees

6

• (1) A fee is payable by the applicant to the Executive on each application for a permit or for a variation of a permit to enable a facility to be included on the United Kingdom List under these Regulations.

• (2) The fee payable on application for a permit or for a variation of a permit to enable a facility to be included in the United Kingdom List is described in column 1 of the table in the Schedule and is specified in column 2 of that table.

• (3) Where a permit of a facility included on the United Kingdom List under these Regulations is varied and the variation relates to the duration of the permit, a fee is payable to the Executive by the operator of the facility.

• (4) The fee payable under paragraph (3) is specified in column 2 of the table in the Schedule.

European List of facilities at which ships flying the flag of a member State may be recycled

7

• (1) The competent authority must inform the Secretary of State without delay of—

• (a) the permitting of a ship recycling facility for inclusion on the United Kingdom List;

• (b) the suspension or withdrawal of a permit of a ship recycling facility that is included on the United Kingdom List.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After IP completion day, existing facilities must not accept any United Kingdom ship within the scope of the EU Ship Recycling Regulation for ship recycling unless the facility is included on the United Kingdom List.

• (4) Failure to comply with regulation 7(3) will have effect as failure to comply with a condition of a permit.

Review

8

• (1) The Secretary of State must from time to time—

• (a) carry out a review of these Regulations;

• (b) set out the conclusions of the review in a report; and

• (c) publish the report.

• (2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the provisions of the EU Ship Recycling Regulation implemented by these Regulations are implemented in other member States.

• (3) The report must in particular—

• (a) set out the objectives intended to be achieved by these Regulations;

• (b) assess the extent to which those objectives are achieved; and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved in a less burdensome way.

• (4) The first report under this regulation must be published before the end of the period of five years beginning with the coming into force of these Regulations.

• (5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

SCHEDULE — Health and Safety Executive fees for applications under these Regulations

Signed

Dan Rogerson — Parliamentary Under Secretary of State — 2015-02-23

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), the Schedule, Part 1. Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions in or as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales.

[^f00002]: S.I. 2008/301.

[^f00003]: 1974 c. 37; section 50(2) was amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 16(2) and the Energy Act 2013 (c. 32), Schedule 12, Part 1, paragraph 11(3).

[^f00004]: Section 15(1) was substituted by the Employment Protection Act 1975, Schedule 15, paragraph 6 and amended by S.I. 2002/794. Section 15(2) was amended by the Energy Act 2013, Schedule 12, Part 1, paragraph 5(3). Section 15(4)(a) was amended by S.I. 2008/960.

[^f00005]: OJ No L 330, 10.12.2013, p 1.

[^f00006]: S.I. 2010/675, to which there are amendments not relevant to these Regulations.

[^f00007]: 1990 c. 43.

[^f00008]: S.S.I. 2012/360, to which there are amendments not relevant to these Regulations.

Editorial notes

[^c22387711]: 1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), the Schedule, Part 1. Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions in or as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales.

[^c22387721]: S.I. 2008/301.

[^c22387731]: 1974 c. 37; section 50(2) was amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 16(2) and the Energy Act 2013 (c. 32), Schedule 12, Part 1, paragraph 11(3).

[^c22387741]: Section 15(1) was substituted by the Employment Protection Act 1975, Schedule 15, paragraph 6 and amended by S.I. 2002/794. Section 15(2) was amended by the Energy Act 2013, Schedule 12, Part 1, paragraph 5(3). Section 15(4)(a) was amended by S.I. 2008/960.

[^c22387751]: OJ No L 330, 10.12.2013, p 1.

[^c22387771]: 1990 c. 43.

[^c22387781]: S.S.I. 2012/360, to which there are amendments not relevant to these Regulations.

[^key-4f7acd01dc35841e80c702530a9c0f41]: Words in reg. 2 substituted (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 para. 83 (with regs. 1(3), 77-79, Sch. 4)

[^key-d09e982bae5ea62964dd0f95ce1aef23]: Words in reg. 2(1) omitted (31.12.2020) by virtue of The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-dd45f98f3e568d929a33bcb0780a1951]: Words in reg. 2(1) inserted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-4dd2868ffd6b851afd80c289889098dd]: Words in reg. 4(1) substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 3(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-84eb0d9d1470128d2a5914e6a021cee4]: Words in reg. 4(2) substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-cfc4bf2fb8c97148ddc91e76e300c6d4]: Words in reg. 5 substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 3(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-3c1a1419eb27aa9dc8c7208a075a6203]: Words in reg. 6 substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 3(5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b6c4378ce42de8ea90e7fc47bb8c79ff]: Reg. 7 heading substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 3(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c82950fceb0512c2043bb911fbaf0cbd]: Words in reg. 7(1) substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 3(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-40b511f64d620e24b4e65bbf9700184c]: Reg. 7(2) omitted (31.12.2020) by virtue of The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 3(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-36adacc9a8a3371590ee6280d7eb8097]: Reg. 7(3) substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 3(6)(d) (as amended by S.I. 2020/1000, regs. 1, 5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2d22e75885c7c44ba9f4fed694fdb2c8]: Words in Sch. substituted (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 3(7); 2020 c. 1, Sch. 5 para. 1(1)

United Kingdom List of facilities at which United Kingdom ships may be recycled