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The Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 2006

S.I. 2006/2950 · Made 14 November 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 14th November 2006

Laid before Parliament 21st November 2006

Coming into force 12th December 2006

At the Court at Buckingham Palace, the 14th day of November 2006

Present,

The Queen’s Most Excellent Majesty in Council

This Order is made only for the purpose of giving effect to Annexes IV and V to the International Convention for the Prevention of Pollution from Ships (including its protocols, annexes and appendices) which constitutes attachment 1 to the final act of the International Conference on Marine Pollution signed in London on 2nd November 1973 (“the Convention”)f1.

Accordingly, Her Majesty, in exercise of the powers conferred upon Her by section 128(1)(a), (3) and (4) of the Merchant Shipping Act 1995f2, is pleased, by and with the advice of Her Privy Council, to order as follows:

Annotations to the whole text

Footnotes

f1

Cmnd 5748.

f2

1995 c. 21; section 128 was amended by the Merchant Shipping and Maritime Security Act 1997 (c.28), Schedule 6, paragraph 3, and other amendments have been made to section 128 which are not relevant to this Order.

Contents

  1. 1Citation and commencement
  2. 2Revocations
  3. 3Regulations to give effect to Annex IV
  4. 4Regulations to give effect to Annex V
  5. 5Provisions supplementary to articles 3 and 4
  6. 6Application and modification of section 131(3) of the Merchant Shipping Act 1995
  7. Signature
  8. Explanatory note

1Citation and commencement

This Order may be cited as the Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 2006 and comes into force on 12th December 2006.

2Revocations

(1)

The following Orders and articles are revoked—

(a)

the Merchant Shipping (Prevention of Pollution by Garbage) Order 1988f1;

(b)

the Merchant Shipping (Prevention of Pollution by Garbage) (Amendment) Order 1993f2;

(c)

article 3 of the Merchant Shipping (Prevention of Pollution) (Amendment) Order 1997f3; and

(d)

article 3 of the Merchant Shipping (Prevention of Pollution) (Amendment) Order 1998f4.

3Regulations to give effect to Annex IV

The Secretary of State may make regulations for the prevention of pollution by sewage from ships for the purpose of giving effect to Annex IV to the Convention.

4Regulations to give effect to Annex V

The Secretary of State may make regulations for the prevention of pollution by garbage from ships for the purpose of giving effect to Annex V to the Convention.

5Provisions supplementary to articles 3 and 4

Without prejudice to the generality of articles 3 and 4, the regulations referred to in those articles 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;

(e)

in connection with offences created by the regulations, corresponding to the provision made in connection with offences under section 131 of the Merchant Shipping Act 1995 by sections 143(6), 144 and 146 of that Actf1 (whether by applying, or making provision for the application of, any of those sections, subject to such modifications as may be specified in the regulations); and

(f)

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 1995f2 with such modifications as may be specified in the regulations.

6Application and modification of section 131(3) of the Merchant Shipping Act 1995

Section 131(3) of the Merchant Shipping Act 1995 (which provides that a person guilty of an offence under that section shall be liable on summary conviction to a fine not exceeding £250,000 or on conviction on indictment to a fine) shall apply in respect of such contravention of the regulations made under this Order as may be specified in those regulations as it applies in respect of an offence under section 131, but as if in subsection (3)(a) for “£250,000” there were substituted “£25,000”.

Signature

Christine Cook

Deputy 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 Annexes IV (Regulations for the Prevention of Pollution by Sewage from Ships) and V (Regulations for the Prevention of Pollution by Garbage from Ships) to the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL).

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 produced for this Order as it has no impact on the costs or savings of business, charities, the voluntary sector or public sector.