Regulation 8 Amendments to the 2004 Regulations

Regulation 12 shall be amended as follows.

For paragraph (1) there shall be substituted the following—

“(1)

When a ship is involved in—

(a)

an accident;

(b)

an incident;

(c)

a discharge or probable discharge specified in paragraph (9A); or

(d)

a pollution event likely to result in the pollution of United Kingdom waters or the coastline of the United Kingdom,

in controlled waters, the master of that ship shall immediately send to Her Majesty’s Coastguard responsible for the area in which it occurred by the quickest means possible a report containing the information specified in paragraph (3).”

For paragraph (5) there shall be substituted the following—

“(5)

When a United Kingdom ship is involved in—

(a)

an accident;

(b)

an incident;

(c)

a discharge or probable discharge specified in paragraph (9A); or

(d)

a pollution event,

outside controlled waters, the master of that ship shall report without delay the particulars of the accident, incident, discharge or probable discharge or pollution event as the case may be, to the fullest extent possible together with the information specified in paragraph (9) in accordance with paragraph (6).”.

After paragraph (9) there shall be added—

“(9A)

The discharge or probable discharge referred to in paragraphs (1)(c) and (5)(c) are the discharge or probable discharge of polluting goods, other than any marine pollutant identified in the IMDG Code, above the permitted level, for whatever reason including for the purpose of securing the safety of the ship or for saving life at sea.”.

After paragraph (10)(c) there shall be added—

“(ca)

“permitted level” means the quantity or instantaneous rate permitted under the relevant provisions of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996^f1 or the Merchant Shipping (Dangerous or Noxious Substances in Bulk) Regulations 1996^f2 as the case may be;”.