Statutory Instruments
MARINE POLLUTION
Made
4th August 1994
Laid before Parliament
11th August 1994
Coming into force
1st September 1994
The Secretary of State for Transport, in exercise of the powers conferred on him by article 3 of the Merchant Shipping (Prevention and Control of Pollution) Order 1987(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
1. These Regulations may be cited as the Merchant Shipping (BCH Code) (Amendment) Regulations 1994 and shall come into force on 1st September 1994.
2. The Merchant Shipping (BCH Code) Regulations 1987(2)are hereby amended as follows.
3. In regulation 1(2)—
(a)in the definition of “1974 SOLAS Convention” there shall be inserted after “11th April 1989”, “and on 25th May 1990 and 23rd May 1991”;
(b)in the definition of “Annex II” after “17th March 1989” there shall be inserted “and on 30th October 1992”;
(c)in the definition of “BCH Code” for “(1990 Edition)” there shall be substituted “(1993 Edition)”;
(d)for the definitions commencing “Category A” there shall be substituted the following definitions—
““Category A”, “Category B” and “Category C” mean respectively, in relation to a substance listed in column a of the table in Chapter 17 of the IBC Code, the pollution category assigned to that substance in column c of that table;”;
(e)in the definition of “chemical tanker”, for “Chapter VI of the BCH Code” there shall be substituted “Chapter 17 of the IBC Code”;
(f)after the definition of “Control of Pollution by Noxious Liquid Substances Regulations” there shall be inserted the following definition—
““IBC Code” means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1994 edition) published by the International Maritime Organisation;”;
(g)in the definition of “MARPOL 1973/78” there shall be inserted after “17th March 1989”, “and 30th October 1992”.
4. In regulation 1(3)—
(a)in sub-paragraph (c) the words “and Chapter VI” shall be omitted;
(b)for sub-paragraph (f) there shall be substituted the following sub-paragraph—
“(f)any reference to the 1974 SOLAS Convention shall be construed as a reference to that Convention as defined in these Regulations.”.
5. After paragraph (3) of regulation 1 there shall be inserted the following paragraph—
“(4) Any reference in these Regulations to any of the following—
(a)Code for the Construction and Equipment of Ships Carrying Dangerous Goods in Bulk;
(b)International Code for the Construction and Equipment of Ships Carrying Dangerous Goods in Bulk;
(c)International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;
(d)MARPOL 1973/78;
(e)1974 SOLAS Convention;
shall include a reference to any document amending it which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.”.
6. For regulation 3, there shall be substituted the following regulation—
3. Every chemical tanker to which these Regulations apply shall be constructed, equipped and operated in accordance with the requirements relevant to it of Chapter II to IV inclusive and VIII of the BCH Code.”.
7. The text in regulation 7 shall become paragraph (1), and the following paragraph shall be added—
“(2) For the purposes of these Regulations, the results of a verification or test shall be accepted if the verification or test is carried out by a body or laboratory in a member State other than the United Kingdom offering suitable and satisfactory guarantees of technical and professional competence and independence.”.
8. In regulation 10, for the words “£1,000” in both places where they occur there shall be substituted the words “the statutory maximum”.
9. The Schedule shall be omitted.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
4th August 1994
(This note is not part of the Regulations)
These Regulations further amend the Merchant Shipping (BCH Code) Regulations 1987.
They bring into effect amendments to the BCH Code which were adopted by the Marine Environment Protection Committee of the International Maritime Organization (“IMO”) on 30th October 1992 by Resolution MEPC.56(33).
The adopted amendments mean that the substances to which the requirements of the BCH Code apply are now identified solely by reference to the IBC Code, Chapter 17. The adopted amendments also make changes to the BCH Code, Chapter IV (Special Requirements) and add a new Chapter VIII (Transport of Liquid Chemical Wastes). The IMO’s 1993 edition of BCH Code incorporates these amendments.
Copies of the Codes and the MEPC Resolution are obtainable from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR.
S.I. 1984/470 amended by S.I. 1990/2595; the effect of the Order was extended by the Merchant Shipping Act 1979 (c. 39), section 20(4A) (inserted by the Merchant Shipping (Salvage and Pollution) Act 1994 (c. 28), section 3(4)), so as to authorise the making of regulations for the purpose of giving effect to an agreement which provides for the modification of certain descriptions of agreement. The agreement relevant to these Regulations which modifies an agreement of the description mentioned is Resolution MEPC 56(33) adopting amendments to the BCH Code mentioned in Annex II to the International Convention for the Prevention of Pollution from Ships 1973 and its Protocol of 1978).