# The Marine Pollution and Merchant Shipping (Revocation) Regulations 2013, Note: Explanatory note


(This note is not part of the Regulations)
This instrument revokes four sets of Regulations relating to marine pollution and merchant shipping.
The Oil in Navigable Waters (Transfer Records) Regulations 1957 (S.I. 1957/358) require records to be kept about the transfer of oil between certain vessels whilst in UK territorial waters. These requirements have been superseded by a combination of two sets of Regulations. In relation to shipping, regulation is provided by the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 (S.I. 1996/2154) and, in relation to offshore installations, by the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (S.I. 2005/2055). S.I. 1957/358 is, therefore, no longer required.
The Oil in Navigable Waters (Records) Regulations 1972 (S.I. 1972/1929) require the keeping of certain records in respect of discharges of oil, and of specified operations carried out on or in connection with a ship. They were revoked, except in relation to oil tankers of less than 150 gross registered tonnage and other ships of less than 400 gross registered tonnage, by the Merchant Shipping (Prevention of Oil Pollution) Order 1983 (S.I. 1983/1106). The relevant industry to which the Regulations still apply is now self-regulating and that, combined with enhanced requirements for ports to deal with waste oil, means that the Regulations are no longer required.
The Merchant Shipping (Safety Convention) (Transitional Provisions) Regulations 1981 (S.I. 1981/584) make transitional provisions arising from modifications made by S.I. 1981/568 to certain Merchant Shipping Acts. The purpose of the modifications was to ensure that references in those Acts to the International Convention for the Safety of Life at Sea 1974 (“the SOLAS Convention”) referred to that Convention as amended by the Protocol of 1978. The related transitional provisions made by S.I. 1981/584 expired at the end of April 1982. Provision is also made for the continued acceptance of certain certificates issued under the SOLAS Convention as if they had been issued under the Protocol of 1978. Certificates issued under the SOLAS Convention have a maximum duration of five years so no certificates to which these Regulations apply remain in force. These provisions are therefore spent.
The Prevention of Oil Pollution Act 1971 (Application of Section 1) Regulations 1984 (S.I. 1984/1684) provide that section 1 of the Prevention of Oil Pollution Act 1971 (“the 1971 Act”) applies to any oil produced directly or indirectly from crude oil, making certain discharges of such oil an offence under section 3 of that Act. The discharge of such oil is now regulated by the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (S.I. 2005/2055) (“the 2005 Regulations”), making a breach of the requirements a criminal offence. Regulation 18 of the 2005 Regulations provides that sections 1 and 3 of the 1971 Act do not apply to emissions which are a discharge or release of oil for the purposes of the 2005 Regulations. These provisions have, therefore, been superseded and are redundant.
The OSPAR and SOLAS Conventions and the Protocol of 1978 may be obtained from the International Maritime Organization, 4 Albert Embankment, London, SW1 7SR (www.imo.org/Pages/home.aspx).
A full impact assessment has not been produced for this instrument as no impact on business, the public or voluntary sectors is foreseen. The Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2013/2944/note (the official version)
Page: https://openlegislation.uk/marine-pollution-and-merchant-shipping-revocation-regulations-2013/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.