The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships)(Amendment) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 (“the 2008 Regulations”) by correcting some minor errors, and making some other minor adjustments.

Regulation 2(2) amends the definition of “short international voyage”. This expression occurs only in regulation 15(6), which provides for a Certifying Authority to be able to extend the period of validity of a Sewage Certificate in respect of a ship engaged solely on short international voyages.

Regulation 2(3), (4), (9) and (15) corrects a number of minor errors.

Regulation 2(5) amends regulation 6(4), so as to make clear that the procedure relating to deficient ships applies not only to ships in United Kingdom ports, but also to ships which are at offshore terminals situated in United Kingdom waters (i.e. the United Kingdom’s territorial sea) or in controlled waters (i.e. the defined zone beyond the territorial sea over which the United Kingdom has jurisdiction). This amendment also makes clear that the procedure can apply to a ship which is a floating platform in United Kingdom waters or controlled waters. Similarly paragraphs (10) and (12) of regulation 2 amend regulations 36 and 38, so that it is clear that inspection and detention may take place in relation to ships which are at offshore terminals situated in United Kingdom waters or in controlled waters, and in relation to ships which are fixed or floating platforms in such waters.

Regulation 2(6) and (7) clarifies the wording, but does not change any of the substance, of the provision relating to the procedure to be adopted when a ship is deficient. Regulation 2(11) makes a consequential amendment to regulation 38(1).

Regulation 2(8)(a) and (b) provides for the appointment of an arbitrator in cases where an applicant for a survey is dissatisfied with the outcome of the survey, and the parties cannot reach agreement between themselves on the appointment of an arbitrator. However, this does not apply in relation to Scotland, for which regulation 17(5)(b) of the 2008 Regulations already makes provision.

Regulation 2(8)(c) amends the definition of a “qualified person”, for the purposes of who can be an arbitrator. This amended definition now accords with sections 96(7) and 264(6) of the Merchant Shipping Act 1995 (c.21), as amended by paragraph 26 of Part 1 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c.15), and paragraph 5 of Part 3 of Schedule 11 to the Constitutional Reform Act 2005 (c.4).

Regulation 2(13)(a) provides a sanction for contravention of regulation 15(5). Regulation 15(5) prohibits a ship from leaving its port of survey before a new Sewage Certificate has been issued, where the period of validity of the previous Certificate has been extended.

Regulation 2(13)(b) deletes the references in regulation 42(1)(g) and (h) to paragraphs (1) and (2) of regulation 34. Those references overlapped with the references to those paragraphs in regulation 42(1)(l) and (m).

Regulation 44(a) of the 2008 Regulations relates to the application of section 146(1) of the Merchant Shipping Act 1995 to any fine for an offence under regulation 42(1)(e) to (m). In relation to England, Wales or Northern Ireland, section 146(1) enables a court to direct that in proceedings against the owner or master of a ship, the unpaid amount of a fine or costs or expenses may be levied by distress of the ship and its equipment. In relation to Scotland, a court may grant a warrant authorising the arrestment and sale of the ship and its equipment. Regulation 44(a) of the 2008 Regulations (as unamended) provides that the reference in section 146(1) to the owner or master is to apply as if it were to the owner, master, demise charterer or manager. As regulation 42(1)(l) and (m) creates offences which may be committed by an officer in charge of a discharge operation or incineration, regulation 2(14) inserts a reference in regulation 44(a) to such an officer, in addition to the owner, master, demise charterer or manager.

An impact assessment was prepared for the 2008 Regulations, and a further impact assessment has been prepared for these amending Regulations. Copies of the further Impact Assessment may be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has also been placed in the library of each House of Parliament. The further Impact Assessment is also annexed to the Explanatory Memorandum which is available alongside these Regulations on the OPSI website www.opsi.gov.uk.

As this Statutory Instrument has been made partly in consequence of defects in the 2008 Regulations, it is being issued free of charge to all known recipients of those Regulations.