The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2018

PART 4 Amendment of subordinate legislation for EU Exit purposes

Amendment of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

5.—(1) The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006(1) are amended as follows.

(2) In rule 4 (interpretation and notices), after paragraph (4) insert—

“(5) For the purposes of these Rules, references to Annex III of the Directive are to be read as if—

(a) in point 2(c)(v), the reference to Member States were a reference to the Secretary of State;

(b) in point 2(c)(vi), the reference to Union legislation were a reference to retained EU law.”.

(3) In rule 7 (the requirement for environmental statement and screening decisions)—

(a) in paragraphs (5) and (11)(b)—

(i) for “European Union legislation” substitute “retained EU law”;

(ii) for “implementing” substitute “which implemented”;

(b) in paragraph (10) omit “for the purposes of the Directive”;

(c) in paragraph (11)(c) before “are relevant” insert “the Secretary of State determines”;

(d) in paragraph (14) before “in Annex III” insert “set out”.

(4) In rule 7A(2)(b) (environmental impact assessment) after “protected under” insert “any law of any part of the United Kingdom which implemented”.

(5) In rule 11(2)(c) (environmental statements: provision of information) for “European Union legislation” substitute “retained EU law”.

(6) In rule 16 (developments likely to have significant effects on the environment of another part of the United Kingdom or certain other states)—

(a) in paragraphs (1)(b), (1)(c) and (4) for “another” substitute “a”;

(b) in paragraph 7(a) for “the authorities referred to in Article 6(1) of the Directive” substitute “any authority which the Member State has indicated it wishes to be consulted by reason of the authority’s specific environmental responsibilities or local or regional competencies”;

(c) in paragraph (7)(d) omit “other”.

(7) In Schedule 1 (information to be included in environmental statements)—

(a) in paragraph 5(2) for the second sentence substitute—

“This description should take into account the environmental protection objectives which are relevant to the project.”;

(b) in paragraph 8—

(i) for “European Union legislation such as” substitute “retained EU law such as any law of any part of the United Kingdom which implemented”;

(ii) before “domestic legislation” insert “other”;

(iii) after “requirements of” insert “any law of any part of the United Kingdom which implemented”.

(8) In Schedule 7 (proposals for orders under section 7)—

(a) in paragraph 3 for “within the meaning of the Directive,” substitute “(as defined in Article 1(2)(a) of the Directive)”;

(b) in paragraph 7(b)—

(i) for “European Union legislation” substitute “retained EU law”;

(ii) for “implementing” substitute “which implemented”;

(c) in paragraph 30, in sub-paragraphs (1)(a), (1)(b) and (2)(c), for “another” substitute “a”.

Amendment of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008

6.—(1) The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008(2) are amended as follows.

(2) In regulation 2(3) (interpretation) for the definition of “Certifying Authority” substitute—

““Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State in accordance with regulation 4 (certifying authorities) of the Merchant Shipping (Survey and Certification) Regulations 2015(4);”.

(3) In regulation 32(3A)(b)(5) (offences) omit “other than the United Kingdom”.

(4) In Schedule 2 (engines excluded from regulation 21), in paragraph 1(c), before “the European Economic Area” insert “the United Kingdom or”.

(5) In Schedule 2A(6) (sulphur oxides)—

(a) in paragraph 3(2)(d)(ii)(7) (maximum sulphur content of marine fuel used by passenger ships) omit “other than the United Kingdom”;

(b) in paragraph 3(6) for the definition of “regular service” substitute—

““regular service” means a series of crossings operated so as to serve traffic between the same two or more ports where each port is either in the United Kingdom or within the European Union, or a series of voyages from and to the same port in the United Kingdom or within the European Union without intermediate calls, either—

(a)

according to a published timetable, or

(b)

with crossings so regular that they constitute a recognisable schedule.”;

(c) in paragraph 4(2)(e)(ii)(8) (maximum content of marine fuel used by ships at berth) omit “other than the United Kingdom”;

(d) in paragraph 6 (trials of emission abatement technologies)—

(i) for sub-paragraph (4) substitute—

“(4) The Secretary of State must, at least six months before an intended trial begins, give notice of that trial in writing to any port State concerned.”;

(ii) in sub-paragraph (5) omit “(a)(ii)”.

Amendment of the Merchant Shipping (Anti-Fouling Systems) Regulations 2009

7.—(1) The Merchant Shipping (Anti-Fouling Systems) Regulations 2009(9) are amended as follows.

(2) In regulation 2(10) (interpretation) for the definition of “Certifying Authority” substitute—

““Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State in accordance with regulation 4 (certifying authorities) of the Merchant Shipping (Survey and Certification) Regulations 2015;”.

(3) In regulation 3(1)(b) (application) for “another” substitute “an”.

(4) In regulation 4 (surveyors and the issue of certificates)—

(a) in paragraph (1)—

(i) in the opening words for “ships flying the flag of a Member State” substitute “United Kingdom ships”;

(ii) in sub-paragraph (a) for “the administration of the Member State” substitute “the Secretary of State or the administration of a Member State”;

(iii) in sub-paragraph (b) for “a surveyor nominated for the purpose by one of those administrations, or by a recognised organisation acting on behalf of the administration” substitute “a surveyor nominated for the purpose by the Secretary of State or the administration of a Member State, or by a recognised organisation acting on behalf of the Secretary of State or the administration of a Member State”;

(b) in paragraph (2) after “carried out by” insert “the Secretary of State or”.

(1)

S.I. 2006/1466, as amended by S.I. 2008/969, S.I. 2010/439, S.I. 2010/1551, S.I. 2011/556, S.I. 2011/1829, S.I. 2011/2085, S.I. 2012/147, S.I. 2012/1658, S.I. 2012/1659, S.I. 2012/2590, S.I. 2013/755, S.I. 2013/1888, S.I. 2014/469, S.I. 2015/627, S.I. 2015/1682 and S.I. 2017/1070.

(2)

S.I. 2008/2924, as amended by S.I. 2010/895, S.I. 2010/3035, S.I. 2011/3056, S.I. 2014/3076, S.I. 2014/3306 and S.I. 2016/1025.

(3)

Regulation 2 was substituted by S.I. 2011/3056.

(4)

S.I. 2015/508, to which there are amendments not relevant to these Regulations.

(5)

Regulation 32(3A) was substituted by S.I. 2014/3076.

(6)

Schedule 2A was inserted by S.I. 2010/895.

(7)

Paragraph 3(2)(d) was substituted by S.I. 2014/3076.

(8)

Paragraph 4(2)(e) was substituted by S.I. 2014/3076.

(9)

S.I. 2009/2796, amended by S.I. 2011/3056 and S.I. 2013/3306.

(10)

Definition substituted by S.I. 2011/3056.