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

In regulation 3(2)(a) (discharge permits) of the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005²⁵ for paragraph (ii) substitute—

(ii) the Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020; or (iii) the Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020; and

The Waste Management Licensing (Scotland) Regulations 2011

3

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

The Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014

4

In the Schedule (specified enactments) to the Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014²⁶ for paragraph 12 substitute—

(12) The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020. (12a) The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020.

The Merchant Shipping (Fees) Regulations 2018

5

In the Table in paragraph 5 of Part 1 of Schedule 1 (fees under the Merchant Shipping Act 1995) to the Merchant Shipping (Fees) Regulations 2018²⁷ for the entry under heading J (prevention and control of pollution) relating to the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008²⁸ substitute —

The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020	2020/621	None
The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020	2020/620	None

PART 2 — Revocations

Regulations revoked	Reference	Extent of revocation
The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008	S.I. 2008/3257	The whole instrument
The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) (Amendment) Regulations 2010	S.I. 2010/897	The whole instrument

SCHEDULE 2 — Gross Tonnage

1

The “gross tonnage” of a United Kingdom ship is to be determined in accordance with paragraphs 3 to 7, and the “gross tonnage” of a ship other than a United Kingdom ship is to be determined in accordance with paragraphs 8 to 10.

2

In this Schedule—

• “the 1997 Regulations” means the Merchant Shipping (Tonnage) Regulations 1997²⁹;

• “length overall” and “length” (except in the expression “length overall”) have the same meaning as in the 1997 Regulations; and

• “the Tonnage Convention” means the International Convention on Tonnage Measurement of Ships, 1969³⁰.

United Kingdom Ships

3

In the case of a ship of 24 metres in length or over for which the Secretary of State permits the continuing use of a gross tonnage pursuant to regulation 12(1) (use of gross tonnage ascertained under previous Regulations) of the 1997 Regulations, the “gross tonnage” is the smaller of—

• (a) the largest gross tonnage permitted for that ship pursuant to regulation 12(1) of the 1997 Regulations; and

• (b) the gross tonnage of the ship determined in accordance with regulation 6 (gross tonnage) of the 1997 Regulations.

4

In the case of any other ship of 24 metres in length or over, the “gross tonnage” is the gross tonnage of the ship determined in accordance with regulation 6 (gross tonnage) of the 1997 Regulations.

5

In the case of a fishing vessel of 15 metres or more in length overall but less than 24 metres in length, the “gross tonnage” is the tonnage of the vessel determined in accordance with regulations 6 (gross tonnage) and 12C³¹ (measurement of smaller fishing vessels) of the 1997 Regulations.

6

In the case of a fishing vessel of less than 15 metres in length overall and less than 24 metres in length, the “gross tonnage” is the Registered Tonnage of the vessel determined in accordance with regulation 7 of the Merchant Shipping (Fishing Vessels – Tonnage) Regulations 1988³².

7

In the case of any other ship of less than 24 metres in length, the “gross tonnage” is the gross tonnage of the ship determined in accordance with regulation 14(2) (measurement and certification) of the 1997 Regulations.

Ships other than United Kingdom ships

8

Subject to paragraph 9, in the case of a ship which has a gross tonnage determined in accordance with the Tonnage Convention, the “gross tonnage” is that gross tonnage.

9

Where a ship has a gross tonnage determined in accordance with the Tonnage Convention but the ship’s flag State permits the use of some other gross tonnage, the “gross tonnage” of the ship is the smaller of—

• (a) the largest gross tonnage permitted by the flag State to be used for that ship; and

• (b) the gross tonnage determined in accordance with the Tonnage Convention.

10

In the case of a ship which does not have a gross tonnage determined in accordance with the Tonnage Convention, the “gross tonnage” is the gross tonnage or equivalent measure determined in accordance with the law of the ship’s flag State (and where the ship has more than one such gross tonnage or equivalent measure, the “gross tonnage” is to be taken to be the largest of them).

Signed

Signed by authority of the Secretary of State for Transport

Kelly Tolhurst — Parliamentary Under Secretary of State — Department for Transport — 2020-06-29

We consent to the making of these Regulations

David Rutley — James Morris — Two of the Lords Commissioners of Her Majesty’s Treasury — 2020-06-23

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations implement the current version of Annex IV to the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 (“the Convention”). Annex IV contains regulations for the Prevention of Pollution by Sewage from Ships. The current version of Annex IV came into force internationally on 27th September 2003 and amendments have been made to it since that time. These Regulations implement all amendments to Annex IV as at the date of this statutory instrument. Future amendments to the Convention and other instruments referred to in these Regulations will be automatically incorporated into the Regulations by way of ambulatory reference (regulation 4).

As a consequence of these Regulations, the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 (S.I. 2008/3257) and amending instruments and provisions are revoked and other instruments are updated to refer to these Regulations (Schedule 1). The provisions in relation to the prevention of pollution by garbage from ships are now to be found in the Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020 (S.I. 2020/621), which come into force simultaneously with these Regulations.

The Regulations apply to United Kingdom ships engaged on international voyages, wherever they may be, United Kingdom ships operating in polar waters and to other ships while they are within United Kingdom waters and engaged on international voyages. They do not apply to warships, naval auxiliary ships, other ships owned or operated by a State and used, for the time being, only on government non-commercial service or to any ship of less than 400 GT unless that ship carries more than 15 persons (regulation 6).

Part 2 of the Regulations imposes a prohibition on the discharge of sewage into the sea (regulation 7) which applies unless particular requirements are met. There are different requirements for passenger ships operating in a special area from the relevant date determined by the IMO onwards and for United Kingdom ships operating in polar waters.

Part 3 of the Regulations imposes requirements in relation to the equipment which must be utilised by ships and it covers sewage systems (regulation 8) and discharge connections (regulation 9).

Part 4 of the Regulations provides that a ship must not proceed to sea or (if it is already at sea) remain at sea unless a survey has been carried out and a Sewage Certificate has been issued (regulations 11 and 12). It also provides that an additional survey will be required following an important repair or renewal (regulation 21) and that the ship must be maintained to conform with the provisions of Part 3 (regulation 20).

Part 5 of the Regulations makes provision in relation to the powers of inspection and detention of ships, and in relation to offences and penalties.

The Secretary of State must review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years thereafter (regulation 36). Following such a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them.

Merchant Shipping Notices are published by the Maritime and Coastguard Agency (“MCA”) and a copy of MSN No. M 1613 may be obtained free of charge at www.gov.uk or in hard copy from the MCA of Spring Place, 105 Commercial Road, Southampton SO15 1EG.

Guidance supporting these Regulations has been published in a Marine Guidance Note (MGN 631 (M+F)). Copies of MGN 631 (M+F) may be obtained free of charge at www.gov.uk or in hard copy from the MCA at the address given above.

The Convention (including its Protocols, Annexes and amendments), the Polar Code, the London Convention, STCW and the Tonnage Convention can be obtained from the International Maritime Organization (“the IMO”) at IMO Publishing, 4 Albert Embankment, London SE1 7SR, www.imo.org/publications; email: sales@imo.org; telephone: 0207 735 7611. The text of IMO Resolutions may be obtained in hard copy from the IMO Library at the same address as IMO Publishing. The amendments to the Convention can be found on the Foreign and Commonwealth Office treaties database (https://treaties.fco.gov.uk/responsive/app/consolidatedSearch). Except where otherwise stated, copies of the Command Papers referred to in this instrument are not available electronically but are available for inspection free of charge but by appointment at the Parliamentary Archives Houses of Parliament, London, SW1A 0PW; email: archives@parliament.uk; telephone: 0207 219 3074.

A hard copy of UNCLOS is available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW (catalogue number: HL/PO/JO/10/11/3186/287). An electronic copy of Cm. 4524 can be found at https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=69421.

Future amendments to the Convention and other documents to which the ambulatory reference provision (regulation 4) applies may be obtained from the IMO and, after coming into force in the United Kingdom, found on https://treaties.fco.gov.uk/responsive/app/consolidatedSearch. Until such publication is made, an amendment will be available from the MCA and on www.gov.uk. An amendment will be published in advance of its in force date by means of a Parliamentary Statement to both Houses of Parliament and by way of a Marine Guidance Note, which will be available in hard copy from the MCA and on www.gov.uk.

A full Impact Assessment has not been produced for this instrument as it is not expected to have significant impact on the public or voluntary sectors and only minimal impact on the private sector is foreseen.

An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.

Footnotes

Editorial notes

Exemption for UNSP barges

6A

• (1) The Secretary of State may exempt a UNSP barge from the requirements of regulation 11 (prohibition on United Kingdom ships proceeding to sea without a Sewage Certificate), regulation 13 (surveys of United Kingdom ships) or regulation 14 (issue of Sewage Certificates by a Certifying Authority in respect of United Kingdom ships) for a period not exceeding five years provided that the barge has undergone a survey to confirm that—

• (a) it is not propelled by mechanical means;

• (b) has neither persons nor living animals on board;

• (c) is not used for holding sewage during transport; and

• (d) has no arrangements that could produce sewage.

• (2) An exemption granted under paragraph (1) may, on the giving of reasonable notice, be altered or cancelled.

• (3) An exemption granted under paragraph (1), or an alteration or cancellation under paragraph (2), must be in writing.

• (4) Where an exemption is granted under paragraph (1), the Secretary of State must issue a UNSP Exemption Certificate.

• (5) Where an exemption is altered or cancelled under paragraph (2), the Secretary of State must indicate this on the UNSP Exemption Certificate.

• (6) The Secretary of State may, at the request of another Contracting State—

• (a) survey a UNSP barge entitled to fly the flag of that State for the purpose of issuing an exemption from the requirements of regulation 12 (prohibition on non-United Kingdom ships proceeding to sea without a Sewage Certificate or appropriate documentation) in respect of that ship; and

• (b) if satisfied that the ship meets the requirements for that exemption, grant the exemption and issue a UNSP Exemption Certificate in respect of that ship.

• (7) A UNSP Exemption Certificate issued under paragraph (6) must include a statement to the effect that it has been issued at the request of the relevant Contracting State.

• (8) The Secretary of State must, as soon as possible after issuing a UNSP Exemption Certificate under paragraph (6), send to the Contracting State who made the request, a copy of—

• (a) the exemption granted under paragraph (6);

• (b) the UNSP Exemption Certificate so issued; and

• (c) the corresponding survey report.

• (9) In this regulation—

• “UNSP barge” means an unmanned non-self-propelled barge that—is not propelled by mechanical means;has neither persons nor living animals on board;is not used for holding sewage during transport; andhas no arrangements that could produce sewage; and

• “UNSP Exemption Certificate” means the certificate described as “International Sewage Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled (UNSP) Barges” in appendix II to Annex IV.