The Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987

PART VI OFFENCES AND PENALTIES

Prohibition on uncertificated carriage

28.—(1) No ship shall load in bulk or carry in bulk any Category A, B, C or D substance unless—

(a) (i) there is in force in respect of that ship a valid INLS Certificate or BCH Code Certificate or IBC Code Certificate covering the substance in question or, where the substance is class-approved, the class in question, and

(ii) the loading and carriage is in accordance with the terms of that certificate, and

(iii) where the substance is class-approved, there is on board the ship documentary evidence of the assessment and approval referred to in sub-paragraphs (a) and (b) respectively of the definition of “class-approved” in regulation 1(2); or

(b) the substance is an oil-like substance and

(i) there is in force in respect of the ship a valid IOPP Certificate or UKOPP Certificate with the endorsement specified in regulation 18(e) covering the substance in question, and

(ii) the loading and carriage is in accordance with the terms of that certificate and endorsement.

(2) No ship shall carry a class-approved non-polluting substance unless there is on board the ship documentary evidence of the assessment and approval referred to in sub-paragraphs (a) and (b) respectively of the definition of “class approved” in regulation 1(2).

(3) No ship shall carry an unassessed liquid substance in bulk unless—

(a) either the Secretary of State, or the government of a state party to MARPOL 1973/78 with the concurrence of the Secretary of State, has given written permission for its carriage; and

(b) any conditions subject to which that permission was given are complied with.

Penalties

29.—(1) If any ship fails to comply with any of the requirements of these Regulations the owner and master of the ship shall each be guilty of an offence punishable on summary conviction by a fine not exceeding £1,000 or, on conviction on indictment, by a fine.

(2) It shall be a defence for a person charged under this regulation to show that he took all reasonable steps to ensure that the Regulations were complied with.

Detention

30.  In any case where a ship does not comply with the requirements of these Regulations the ship shall be liable to be detained and section 692(1) to (3) of the Merchant Shipping Act 1894(1) (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that for the words “this Act” wherever they appear, there shall be substituted “the Merchant Shipping (Prevention of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987”.

(1)

1894 c. 60.