The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations implement, in part, the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990. They require harbour authorities and operators of oil handling facilities and of offshore installations, where there is present a risk of an oil pollution incident, to have oil pollution emergency plans, which have to be approved by the Maritime and Coastguard Agency (“MCA”) of the Department of the Environment, Transport and the Regions as conforming to the National Contingency Plan (regulation 4(1) and (6)). The MCA may after consulting harbour authorities or operators of oil facilities direct that a plan be altered (regulation 4(6)). It is the duty of harbour authorities and such operators to implement the approved plan in the event of an oil pollution incident (regulation 4(8)). The Secretary of State (for Trade and Industry) has equivalent powers in relation to offshore installations and pipelines (regulation 4(7)).

2.  The Regulations also contain provisions requiring masters of United Kingdom ships, and individuals having charge of harbours, oil handling facilities and offshore installations to report certain events involving the discharge of oil (regulations 5 and (6)). There are powers of inspection for the Secretary of State in relation to offshore installations and pipelines (regulation 8).

3.  A cost compliance assessment has been prepared, and may be obtained from the Marine Pollution Control Unit of the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has been placed in the library of each House of Parliament.

4.  Copies of the Convention and Assembly Resolutions can be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR. Copies of the National Contingency Plan can be obtained from the Marine Pollution Control Unit of the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG.