Explanatory note

This Order enables effect to be given to the International Convention for the Prevention of Pollution from Ships 1973 (Cmnd. 5748) and the Protocol of 1978 (Cmnd. 7347) relating to the Convention. The Order empowers the Secretary of State to make Regulations for the purpose of giving effect to the Convention and Protocol, and in particular with respect to the carrying out of surveys, the issue of certificates, the application of the Regulations to the Crown, the extension of the Order or Regulations to dependent territories, the imposition of penalties and the detention of ships for that purpose.

Specified provisions of the Prevention of Oil Pollution Act 1971, and the Merchant Shipping Act 1974 together with the statutory instruments set out in Schedule 1, will no longer be required once those Regulations are in force and they are accordingly repealed or revoked.

Sections 55 to 58 of the Merchant Shipping Act 1970 (investigations of casualties) are applied in relation to a discharge of oil or oily mixture from certain ships as they apply to damage caused by the ship. Any such discharge from a ship to which Regulations made under this Order apply and which is not prohibited thereby is authorised by this Order. By virtue of section 31(2)(b)(ii) of the Control of Pollution Act 1974 (c.40) any discharge so authorised does not constitute an offence under section 31(1) of that Act.