Regulation 9 Transitional provisions

(1)

If a harbour authority was granted an oil transfer licence under regulation 5 (oil transfer licences) of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010^f1 then, for the purposes of these Regulations, that harbour authority shall be treated as though that oil transfer licence was granted under regulation 8 (oil transfer licences).

(2)

In harbour authority waters where—

(a)

an oil transfer licence has effect by virtue of paragraph (1) at the time at which these Regulations come into force, and

(b)

the harbour authority which regulates or manages those harbour authority waters is aware, at that time, of circumstances which render the information provided in the original application for an oil transfer licence under regulation 5(1) (oil transfer licences) of the Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010 inaccurate to what is or might be a material extent,

the harbour authority must apply to the Secretary of State for an amended oil transfer licence.

(3)

The harbour authority must make the application under paragraph (2) within three months of the date on which these Regulations come into force.

(4)

Regulation 8(4) to (7) (oil transfer licences) apply to an application under paragraph (2) as they would to an application under regulation 8(2).

(5)

If, prior to the coming into force of these Regulations, a harbour authority authorised a cargo transfer that is scheduled to take place after the Regulations come into force, that authorisation is to be treated as an authorisation for the purposes of these Regulations and remains valid provided that—

(a)

when carried out, the cargo transfer is within the scope permitted by the harbour authority’s oil transfer licence; and

(b)

the requirements of regulation 7(2) (authorisation of cargo transfers) were satisfied in relation to the authorisation.

Annotations

Footnotes

f1: S.I. 2010/1228. These regulations have now ceased to have effect as a result of the sunset clause in regulation 1.