The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020

Made: 29th June 2020

Laid before Parliament: 30th June 2020

Coming into force: 22nd July 2020

The Secretary of State, in exercise of the powers conferred by articles 3 to 6 of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 2006[^f00001], articles 2(1), (2)(a) to (g), (3) and 3 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996[^f00002] and sections 128(5), 128(6), 302(1) and 306A of the Merchant Shipping Act 1995[^f00003], and with the consent of the Treasury[^f00004], makes the following Regulations.

PART 1 — General

Citation and commencement

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• (1) These Regulations may be cited as the Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020.

• (2) These Regulations come into force on 22nd July 2020.

Amendments and revocations

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• (1) The amendments listed in Part 1 of Schedule 1 (amendments) have effect.

• (2) The instruments listed in the first column of the Table in Part 2 of Schedule 1 (revocations) are revoked to the extent specified in the third column of that Table.

Interpretation

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• (1) In these Regulations—

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

• “Annex IV” means Annex IV to the Convention[^f00005];

• ...

• “appropriate documentation” means the documentation referred to in regulation 12(3) (prohibition on non-United Kingdom ships proceeding to sea without a Sewage Certificate or appropriate documentation);

• “Certifying Authority” has the meaning given in regulation 5 (Certifying Authorities);

• “Contracting State” means a State which has consented to be bound by the Convention, and for which Annex IV to the Convention is in force;

• “Contracting State ship” means a ship, other than a United Kingdom ship, which is registered in, or is not registered but is entitled to fly the flag of, a Contracting State;

• “controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014[^f00006] as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of UNCLOS (Protection and Preservation of the Marine Environment);

• “the Convention” means the International Convention for the Prevention of Pollution from Ships 1973, as amended by the Protocols of 1978 and 1997[^f00007];

• “date of expiry”, in relation to a Sewage Certificate held in respect of a ship, means the last day of the period specified in that Sewage Certificate as the period for which that Certificate is valid;

• “direct replacement” means the direct replacement of equipment and fittings with equipment and fittings that conform with the relevant requirements which apply to that ship;

• “flag State”, in relation to a ship, means the State whose flag the ship is entitled to fly;

• “GT” means gross tonnage and the gross tonnage of a ship is to be determined, for the purposes of these Regulations, in accordance with Schedule 2 (gross tonnage);

• “harbour master” incudes a dock master, pier master and any person specifically appointed by a harbour authority within the meaning of section 151(1) (interpretation) of the 1995 Act for the purpose of enforcing the provisions of these Regulations;

• “IMO” means the International Maritime Organization;

• “international voyage” means a voyage between—a port in the United Kingdom and a port outside the United Kingdom; ora port in a Contracting State other than the United Kingdom and a port in any other State or territory, whether a Contracting State or not, which is outside the United Kingdom;

• “nautical mile” means an international nautical mile of 1,852 metres;

• “offshore terminal” means an installation situated away from the shore, where bulk, fluid or gas cargo, or more than one of these, is—transferred between ships;loaded onto a ship after having been transported from the shoreline; orunloaded from a ship for transporting to the shoreline;

• “sea” includes any estuary or arm of the sea;

• “sewage” has the meaning given in regulation 1 of Annex IV (definitions);

• “Sewage Certificate” means an International Sewage Pollution Prevention Certificate in the form shown in appendix I to Annex IV;

• “ship” means a vessel of any type whatsoever which is operating in the marine environment, including a hydrofoil boat, an air-cushion vehicle, a submersible, a floating craft and a fixed or floating platform;

• “surveyor” means a surveyor of ships, or any other person appointed by a Certifying Authority other than the Secretary of State, to be a surveyor; and

• “UNCLOS” means the United Nations Convention on the Law of the Sea[^f00008].

• (2) In these Regulations the following terms have the meaning given in regulation 17 of Annex IV (definitions)—

• (a) “Polar Code”[^f00009]; and

• (b) “polar waters”.

• (3) For the purposes of these Regulations—

• (a) subject to sub-paragraph (b), a “discharge” in relation to sewage, means any release howsoever caused from a ship, and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying;

• (b) a “discharge” does not include—

• (i) dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, signed at London on 13th November 1972, as amended by the 1996 Protocol[^f00010]; or

• (ii) the release of sewage for the purposes of legitimate scientific research into pollution abatement or control; and

• (c) a “United Kingdom ship” means a ship which—

• (i) is registered in the United Kingdom; or

• (ii) is not registered under the law of any country but is wholly owned by persons each of whom is—

• (aa) a British citizen, a British overseas territories citizen or a British overseas citizen; or

• (bb) a body corporate which is established under the law of any part of the United Kingdom and has its principal place of business in the United Kingdom.

• (4) Any reference in these Regulations to the date that a ship was constructed is a reference to the date on which the keel of the ship was laid or on which the ship was at a stage of construction at which—

• (a) construction identifiable with a specific ship began; and

• (b) assembly of that ship incorporated at least 50 tonnes of structural material or one percent of the estimated mass of all structural material, whichever is less,

and “constructed” is to be construed accordingly.

Ambulatory reference

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• (1) Any reference in these Regulations to the Convention, an Annex to the Convention or to the Polar Code is to be construed—

• (a) as a reference to the Convention, an Annex to the Convention or the Polar Code as modified from time to time; and

• (b) as, if the Convention, an Annex to the Convention or the Polar Code are replaced, a reference to that replacement.

• (2) For the purposes of paragraph (1), the Convention, an Annex to the Convention or the Polar Code are modified or replaced if a modification or replacement takes effect in accordance with Article 16 (Amendments) of the Convention.

• (3) A modification or amendment of the Convention, an Annex to the Convention or the Polar Code has effect at the time such modification or replacement comes into force in accordance with Article 16 (Amendments) of the Convention.

Certifying Authorities

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• (1) In these Regulations, “Certifying Authority” means the Secretary of State, or any person authorised by the Secretary of State.

• (2) Authorisation under paragraph (1) may be given conditionally or unconditionally and is subject to paragraph (4).

• (3) Without prejudice to the generality of paragraph (2), conditions may impose limitations on any person’s authorisation relating to—

• (a) an individual ship;

• (b) classes of ship; and

• (c) the extent of any survey to be carried out by that person.

• (4) The Secretary of State may specify in relation to an individual case or to a class of case, that for the purpose of these Regulations, a survey, or part of survey, may only be carried out by the Secretary of State and not by another Certifying Authority.

• (5) A Certifying Authority, other than the Secretary of State, is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and its property is not to be regarded as property of, or held on behalf of, the Crown.

Application

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• (1) Subject to paragraphs (2) and (3), these Regulations apply to—

• (a) United Kingdom ships, wherever they may be, engaged on international voyages;

• (b) United Kingdom ships operating in polar waters; and

• (c) other ships while they are within United Kingdom waters or controlled waters and engaged on international voyages.

• (2) These Regulations do not apply to any—

• (a) warship;

• (b) naval auxiliary ship;

• (c) other ship owned or operated by a State and used, for the time being, only on government non-commercial service; or

• (d) ship of less than 400 GT unless that ship carries more than 15 persons.

• (3) Regulation 22 (procedure to be adopted when a ship is deficient) applies to—

• (a) United Kingdom ships, wherever they may be, engaged on international voyages; and

• (b) any other ship which is—

• (i) in a port in the United Kingdom;

• (ii) at an offshore terminal in United Kingdom waters or controlled waters; or

• (iii) a floating platform in United Kingdom waters or controlled waters, other than a floating platform which is in transit.

PART 2 — Discharge of Sewage

Prohibition on the discharge of sewage

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• (1) Subject to paragraph (2), the discharge of sewage from a ship into the sea is prohibited, except—

• (a) in the case of a ship on a voyage outside a special area, when the sewage is discharged in accordance with part A of regulation 11 of Annex IV (discharge of sewage from ships other than passenger ships in all areas and discharge of sewage from passenger ships outside special areas);

• (b) in the case of a passenger ship operating in a special area from the relevant date onwards, when the sewage is discharged in accordance with part B of regulation 11 of Annex IV (discharge of sewage from passenger ships within a special area); and

• (c) in the case of a United Kingdom ship operating in polar waters, when the sewage is discharged in accordance with chapter 4 of part II-A of the Polar Code (prevention of pollution by sewage from ships).

• (2) Paragraph (1) does not apply in the case of—

• (a) a discharge of sewage which is necessary for the purpose of—

• (i) securing the safety of a ship and those on board the ship; or

• (ii) saving life at sea;

• (b) a discharge of sewage—

• (i) which results from damage to a ship or its equipment; and

• (ii) where all reasonable precautions have been taken before and after the occurrence of the damage to prevent or minimise the discharge; or

• (c) a discharge of sewage which took place in waters under the jurisdiction of a State other than the United Kingdom and was in accordance with such less stringent requirements as were imposed by that State.

• (3) Subject to paragraph (2), where sewage is mixed with waste or waste water covered by an Annex to the Convention other than Annex IV, paragraph (1) applies in addition to any statutory prohibition or requirement which relates to that waste or waste water and which implements that other Annex.

• (4) In this regulation—

• (a) the following terms have the meaning given in regulation 1 of Annex IV (definitions)—

• (i) “passenger ship”; and

• (ii) “special area”; and

• (b) “the relevant date” means the relevant date determined by the IMO for the special area in question pursuant to regulation 13.2 of Annex IV (reception facilities for passenger ships in special areas).

PART 3 — Equipment

Sewage systems

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• (1) A ship must be equipped in accordance with regulation 9 of Annex IV (sewage systems).

• (2) A ship constructed before 2nd October 1983 must be equipped, so far as is practicable, to discharge sewage in accordance with regulation 7 (prohibition on the discharge of sewage).

• (3) For the purposes of regulation 9 of Annex IV (sewage systems)—

• (a) in the case of a United Kingdom ship, a sewage treatment plant must be of a type approved under the Merchant Shipping (Marine Equipment) Regulations 2025; and

• (b) in the case of a ship which is not a United Kingdom ship;

• (i) a sewage treatment plant;

• (ii) a sewage comminuting and disinfecting system and its facilities; or

• (iii) a holding tank,

will comply if the Secretary of State is satisfied that it complies with the requirements of Annex IV.

Discharge connections

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The sewage discharge pipeline of a ship must be fitted with a standard discharge connection in accordance with regulation 10 of Annex IV (standard discharge connections).

PART 4 — Survey and Certification of Ships

Interpretation of Part 4

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In this Part—

• (a) “initial survey” means a survey by a surveyor completed before a ship is put into service, or before a Sewage Certificate is first issued in respect of that ship, to verify that at the date of the survey, the surveyor is satisfied that the structure, equipment, systems, fittings, arrangements and materials of the ship fully comply with the requirements of Part 3 (equipment);

• (b) “renewal survey” means a survey by a surveyor to verify that at the date of the survey, the surveyor is satisfied that the structure, equipment, systems, fittings, arrangements and materials of the ship fully comply with the requirements of Part 3 (equipment); and

• (c) “additional survey” means a survey by a surveyor to verify that at the date of the survey the surveyor is satisfied that—

• (i) the repair or renewal has been made effectively;

• (ii) the materials used in, and the workmanship of, the repair or renewal are satisfactory in all respects; and

• (iii) the ship complies in all respects with the requirements of Part 3 (equipment).

Prohibition on United Kingdom ships proceeding to sea without a Sewage Certificate

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• (1) Subject to regulation 26(2) (general provisions on detention), a United Kingdom ship to which this regulation applies must not—

• (a) proceed to sea; or

• (b) if it is already at sea, remain at sea,

unless the requirements of paragraph (2) are met.

• (2) The requirements are that—

• (a) an initial survey or a renewal survey has been carried out in respect of the ship; and

• (b) a Sewage Certificate has been issued in respect of that ship and is still valid.

Prohibition on non-United Kingdom ships proceeding to sea without a Sewage Certificate or appropriate documentation

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• (1) A Contracting State ship must not proceed to sea from a port in the United Kingdom unless—

• (a) a Sewage Certificate has been issued pursuant to Annex IV in respect of that ship and is still valid;

• (b) a surveyor is satisfied that the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment; or

• (c) a person having powers to detain the ship has permitted the ship to proceed to sea for the purposes of proceeding to the nearest appropriate repair yard available.

• (2) A ship which is not a United Kingdom ship or a Contracting State ship must not proceed to sea from a port in the United Kingdom unless—

• (a) a surveyor is satisfied that the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment; or

• (b) a person having powers to detain the ship has permitted the ship to proceed to sea for the purposes of proceeding to the nearest appropriate repair yard available.

• (3) A ship to which sub-paragraph (1)(b) or (c) or paragraph (2) applies must not proceed to sea unless documentation has been issued in respect of that ship which is still valid and shows that—

• (a) an initial survey or a renewal survey has been carried out in respect of the ship; and

• (b) either—

• (i) a surveyor is satisfied that the ship can proceed to sea without presenting an unreasonable threat of harm to the marine environment; or

• (ii) a person having powers to detain the ship has permitted the ship to proceed to sea for the purposes of proceeding to the nearest appropriate repair yard available.

Surveys of United Kingdom ships

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A United Kingdom ship to which this regulation applies must be subjected to—

• (a) an initial survey, which must be completed before a ship is put into service or before a Sewage Certificate is first issued in respect of that ship; and

• (b) a renewal survey, which must be completed before each subsequent Sewage Certificate is issued.

Issue of Sewage Certificates by a Certifying Authority in respect of United Kingdom ships

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• (1) A Certifying Authority must issue a Sewage Certificate in respect of a United Kingdom ship where—

• (a) that Certifying Authority has been notified by a surveyor that the surveyor has carried out an initial survey or a renewal survey;