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The Merchant Shipping (Prevention of Air Pollution from Ships) Order 2006

S.I. 2006/1248 · Made 9 May 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

MARINE POLLUTION

Made 9th May 2006

Laid before Parliament 19th May 2006

Coming into force 12th June 2006

At the Court at Buckingham Palace, the 9th day of May 2006

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made only for the purpose of giving effect to the Protocol of 1997f1 to amend the Convention for the Prevention of Pollution from Ships, 1973f2, as modified by the Protocol of 1978 relating thereto f3 (which added to that Convention Annex VI containing regulations for the prevention of air pollution from ships).

Accordingly, Her Majesty, in exercise of the powers conferred upon Her by section 128(1) (da), (3) and (4) of the Merchant Shipping Act 1995f4, is pleased, by and with the advice of Her Privy Council, to order as follows:

Annotations to the whole text

Footnotes

f1

Miscellaneous No. 29 (1999) Cmnd 4427.

f2

Miscellaneous No. 26 (1974) Cmnd 5748.

f3

Miscellaneous No. 27 (1978) Cmnd 7347.

f4

1995 c. 21; section 128 was amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), sections 12 and 29 and Schedule 6, paragraph 3, and paragraph (da) was inserted into section 128(1), and other amendments were made to section 128, by section 2 of the Merchant Shipping (Pollution) Act 2006 (c. 8).

Contents

  1. 1Citation and commencement
  2. 2Regulations to give effect to Annex VI
  3. 3Provisions supplementary to article 2
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Merchant Shipping (Prevention of Air Pollution from Ships) Order 2006 and comes into force on 12th June 2006.

2Regulations to give effect to Annex VI

The Secretary of State may make regulations for the prevention of air pollution from ships for the purposes of giving effect to the Protocol of 1997 to the Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto.

3Provisions supplementary to article 2

Without prejudice to the generality of article 2, the regulations may in particular include provision—

(a)

with respect to the carrying out of surveys and inspections and the issue, duration and recognition of certificates;

(b)

with respect to—

(i)

the application of the regulations to the Crown;

(ii)

the extraterritorial operation of the regulations; and

(iii)

the extension of the provisions of the regulations, with or without modifications, to any relevant British possession;

(c)

that a specified contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine;

(d)

that any such contravention shall be an offence punishable only on summary conviction by a fine not exceeding level 5 on the standard scale; and

(e)

for detaining a ship in respect of which a contravention of the regulations is suspected to have occurred, and, in relation to that ship, for applying section 284 of the Merchant Shipping Act 1995 with such modifications as may be specified in the regulations.

Signature

A.K.Galloway

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order enables regulations to be made to give effect to Annex VI (Regulations for the Prevention of Air Pollution from Ships) to the International Convention for the Prevention of Pollution from Ships, as amended by the Protocols of 1973 and 1997.

The Convention and the Annexes to it are available from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR.

A Regulatory Impact Assessment has not been prepared in relation to this Order as it has no impact on the costs of business.