The Merchant Shipping (Prevention of Oil Pollution and Prevention of Pollution by Sewage from Ships) (Amendment) Regulations 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/1234 |
| Year | 2022 |
2022 No. 1234
Merchant Shipping
Marine Pollution
The Merchant Shipping (Prevention of Oil Pollution and Prevention of Pollution by Sewage from Ships) (Amendment) Regulations 2022
Made 1st December 2022
Laid before Parliament 5th December 2022
Coming into force 27th December 2022
The Secretary of State, in exercise of the powers conferred by article 3 of the Merchant Shipping (Prevention of Oil Pollution) Order 19831, article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 19962, articles 3 and 5 of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 20063and sections 85(1), (3), (5) to (7), 86(1)(a), (b), (c) and (d), 128(5) and (6), 302(1) and 306A of the Merchant Shipping Act 19954, and with the consent of the Treasury, makes the following Regulations.
The Secretary of State has consulted such persons in the United Kingdom as the Secretary of State considers will be affected by the exercise of powers in this instrument in accordance with section 86(4) of the Merchant Shipping Act 1995.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Merchant Shipping (Prevention of Oil Pollution and Prevention of Pollution by Sewage from Ships) (Amendment) Regulations 2022 and come into force on 27th December 2022.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Amendment of the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019
2.—(1) The Merchant Shipping (Prevention of Oil Pollution) Regulations 20195are amended as follows.
(2) In regulation 7 (exemptions)—
(a)
(a) in paragraph (4)(b), at the beginning, insert “on the giving of reasonable notice,”;
(b)
(b) after paragraph (5), insert—
“
5A Where an exemption is granted under paragraph (3) in respect of a UNSP barge which is a United Kingdom ship, in relation to regulation 10 (surveys), 12 (issue and endorsement of IOPP Certificates) or 13 (issue of UKOPP Certificates), the Secretary of State must issue a UNSP Exemption Certificate.
5B Where an exemption is altered or cancelled under paragraph (4)(b), the Secretary of State must indicate this on the UNSP Exemption Certificate.
5C The Secretary of State may, at the request of the Administration of another Convention Country, survey a UNSP barge entitled to fly the flag of that Convention Country for the purpose of issuing an exemption under paragraph (3) in relation to regulation 12 or 13 in respect of that ship and, if satisfied that the ship meets the requirements for that exemption, issue a UNSP Exemption Certificate in respect of that ship.
5D A UNSP Exemption Certificate issued under paragraph (5C) must include a statement to the effect that it has been issued at the request of the Administration of a Convention Country.
5E The Secretary of State must, as soon as possible after issuing a UNSP Exemption Certificate under paragraph (5C), send to the requesting Administration—
(a) a copy of the UNSP Exemption Certificate so issued; and
(b) a copy of the corresponding survey report.
5F A UNSP Exemption Certificate must not be issued in respect of a ship entitled to fly the flag of a State which is not a Convention Country.
”;
(c)
(c) for paragraph (6), substitute—
“
6 In this regulation—
“UNSP” barge means an unmanned non-self-propelled barge that—
(a) is not propelled by mechanical means;
(b) carries no oil;
(c) has no machinery fitted that may use oil or generate oil residue;
(d) has no fuel tank, lubricating oil tank, oily bilge water holding tank and oil residue tank; and
(e) has neither persons nor living animals on board; and
“UNSP Exemption Certificate” means the certificate described as “International Oil Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled (UNSP) Barges” in appendix IV to Annex I.
Amendment of the Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020
3.—(1) The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 20206are amended as follows.
(2) In regulation 3(1) (interpretation)—
(a)
(a) omit the definition of “the Appendix”; and
(b)
(b) in the definition of “Sewage Certificate”, for “the Appendix” substitute “appendix I to Annex IV”.
(3) After regulation 6 (application), insert—
“
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)
(a) it is not propelled by mechanical means;
(b)
(b) has neither persons nor living animals on board;
(c)
(c) is not used for holding sewage during transport; and
(d)
(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)...
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