The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019

Ambulatory reference

4.—(1) Any reference in these Regulations to a specific provision in the Convention, an Annex of that Convention, the Polar Code or the RO Code is to be construed as—

(a) a reference to the provision in that instrument as modified from time to time; and

(b) if the instrument is replaced by another instrument, as a reference to the provision in that other instrument.

(2) For the purposes of paragraph (1)(a), the Convention is modified if omissions, additions or other alterations to the text take effect in accordance with article 16 of the Convention.

(3) A modification to, or replacement of—

(a) the Convention by virtue of paragraph (2); or

(b) the Polar Code by virtue of paragraph (4)(a),

has effect at the time that such modification or replacement comes into force in accordance with Article 16(8) of the Convention.

(4) For the purposes of paragraph (1) the Polar Code is modified if—

(a) amendments to the Introduction and Chapter 2 of Part II-A of that Code are adopted, brought into force and take effect in accordance with article 16 of the Convention as applicable to amendments to an Annex to that Convention; and

(b) amendments to Part II-B of that Code are adopted by the Marine Environment Protection Committee in accordance with the rules of procedure which apply to that Committee.

(5) For the purposes of paragraph (1)—

(a) Parts 1 and 2 of the RO Code are modified if omissions, additions or other alterations to the text take effect in accordance with Article 16 of the Convention;

(b) Part 3 of the RO Code is modified if omissions, additions or other alterations to the text are adopted by a Resolution of the Marine Environment Protection Committee in accordance with the rules of procedure which apply to that Committee; and

(c) any modifications referred to in sub-paragraph (a) or (b) adopted by a Resolution of the Marine Safety Committee and the Marine Environment Protection Committee must be identical and come into force, or take effect, at the same time, and

such modification has effect at the time specified in any Resolution described in sub-paragraph (c).