PART 4Amendment of subordinate legislation for EU Exit purposes

Amendment of the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 20086

1

The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 200822 are amended as follows.

2

In regulation 223 (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 201524;

3

In regulation 32(3A)(b)25 (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 2A26 (sulphur oxides)—

a

in paragraph 3(2)(d)(ii)27 (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—

    1. a

      according to a published timetable, or

    2. b

      with crossings so regular that they constitute a recognisable schedule.

c

in paragraph 4(2)(e)(ii)28 (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)”.