Prevention of Oil Pollution Act 1971 (c. 60)

Miscellaneous and supplementary U.K.

F1 22 Power to apply certain provisions to ships registered outside United Kingdom. U.K.

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Textual Amendments

F1 S. 22 repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt.II; S.I. 1993/3137, art. 3(2), Sch.2

[F2 23 Power of Secretary of State to grant exemptions. U.K.

The Secretary of State may exempt any discharge of, or of a mixture containing, oil from any of the provisions of this Act or of any regulations made thereunder, either absolutely or subject to such conditions as he thinks fit.]

Textual Amendments

F2 S. 23 substituted (15.2.1999) by 1998 c. 17, s. 50, Sch. 4, para. 4: S.I. 1999/161, art. 2(1)

Modifications etc. (not altering text)

C1 S. 23 excluded (20.8.2005) by Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 (S.I. 2005/2055), regs. 1, 18(1)

F3 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F3 S. 24 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

25 Provisions as to Isle of Man, Channel Islands, colonies and dependencies. U.K.

F4 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 25(1) repealed (1.5.1994) by 1993 c. 22, s. 8(4), Sch. 5 Pt. II; S.I. 1993/3137, art. 3(2), Sch. 2

F5 S. 25(2)(3) repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

26 Annual report. U.K.

The Secretary of State shall, as soon as possible after the end of each calendar year, make a report on the exercise and performance of his functions under this Act during that year, which shall include such observations as he may think fit to make on the operation during that year of this Act and of any Convention accepted by Her Majesty’s Government in the United Kingdom in so far as it relates to the prevention of pollution of the sea by oil, and the Secretary of State shall lay a copy of every such report before each House of Parliament.

27 General provisions as to Orders in Council, regulations and orders. U.K.

(1) Any power to make regulations or an order under this Act shall be exercisable by statutory instrument.

(2) Any statutory instrument made by virtue of this Act, other than an Order in Council under section 25 or an order under section 34 of this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any Order in Council, or other order, made under any provision of this Act may be varied or revoked by a subsequent Order in Council or order made thereunder.

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 27(4) repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

28 Financial provisions. U.K.

(1) There shall be defrayed out of moneys provided by Parliament any administrative expenses of the Secretary of State under this Act.

(2) Any fees received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

29 Interpretation. U.K.

(1) In this Act—

• F7 . . .

• “harbour authority” and “harbour in the United Kingdom” have the meanings assigned to them by section 8(2) of this Act;

• “harbour master” includes a dock master or pier master, and any person specially appointed by a harbour authority for the purpose of enforcing the provisions of this Act in relation to the harbour;

• “local enactment” means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure;

• “oil” means oil of any description and includes spirit produced from oil of any description, and also includes coal tar;

• “oil reception facilities” has the meaning assigned to it by section 9(1) of this Act;

• “oil residues” means any waste consisting of, or arising from, oil or a mixture containing oil;

• F7 . . .

• “petroleum-spirit” has the same meaning as in the M1 Petroleum (Consolidation) Act 1928;

• “place on land” has the meaning assigned to it by section 2(3) of this Act;

• “sea” includes any estuary or arm of the sea;

• “transfer”, in relation to oil, means transfer in bulk.

[F8 (2) Any reference in any provision of this Act to a mixture containing oil shall be construed as a reference to any mixture of oil (or, as the case may be, of oil of a description referred to in that provision) with water or with any other substance.]

(3) Any reference in the provisions of this Act other than section 11 to the discharge of oil or a mixture containing oil, or to its being discharged, from a vessel, place or thing, except where the reference is to its being discharged for a specified purpose, includes a reference to the escape of the oil or mixture, or (as the case may be) to its escaping, from that vessel, place or thing.

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment.

Textual Amendments

F7 In s. 29(1) definitions of “barge” and “outside the territorial waters of the United Kingdom” repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

F8 S. 29(2) repealed for certain purposes (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 Note (with s. 312(1), Sch. 14 para. 1)

F9 S. 29(4)(5)(6) repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

Modifications etc. (not altering text)

C2 S. 29(5) amended (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 17(c); S.I. 1993/3137, art. 3(2), Sch. 2

Marginal Citations

M1 1928 c. 32.

30 Provisions as to Northern Ireland. U.K.

[F10 (1) This Act extends to Northern Ireland and the following provisions of this section shall have effect with respect to the application of this Act to Northern Ireland.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In relation to places on land in Northern Ireland, and to apparatus located in Northern Ireland otherwise than on board a vessel,—

(a) persons appointed by the Secretary of State as inspectors under section 18 of this Act, and surveyors of ships in their capacity as persons so appointed, shall have no powers of entry or inspection; but

(b) persons appointed by the Ministry of Commerce shall have the like powers as (but for the preceding paragraph) persons appointed by the Secretary of State would have by virtue of that section, and the provisions of that section shall have effect in relation to persons appointed by the Ministry of Commerce as, in England and Wales, they have effect in relation to persons appointed by the Secretary of State.

(4) Subsection (1) of section 19 of this Act shall apply to proceedings in Northern Ireland as it applies to proceedings in England and Wales, but with the substitution, for references to the Attorney General, of references to the Attorney General for Northern Ireland; except that, in relation to proceedings for an offence under section 2 of this Act—

(a) if the alleged offence relates to the discharge of oil or a mixture containing oil from a vessel in a harbour or inland waterway in Northern Ireland, the references in that subsection to the Secretary of State shall be construed as references to the Secretary of State or the Ministry of Commerce;

(b) if the alleged offence relates to the discharge of oil or a mixture containing oil from a place on land in Northern Ireland, or from apparatus located in Northern Ireland otherwise than on board a vessel, the references in that subsection to the Secretary of State shall be construed as references to the Ministry of Commerce.

[F11 (4A) In its application to proceedings in Northern Ireland, subsection (8)(a) of section 19A of this Act shall have effect as if—

(a) in sub-paragraph (i), for the references to section 1 of the Magistrates’ Courts Act 1980 there were substituted a reference to Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981; and

(b) for sub-paragraph (iii) there were substituted—

“(iii) when an indictment is presented under section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969;”.]

(5) In the definition of “local enactment” in subsection (1) of section 29 of this Act the reference to a local or private Act includes a reference to a local or private Act of the Parliament of Northern Ireland, and the reference to an order confirmed by Parliament includes a reference to an order confirmed by that Parliament; and the reference in that subsection to the M2 Petroleum (Consolidation) Act 1928 shall be construed as a reference to the M3 Petroleum (Consolidation) Act (Northern Ireland) 1929.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F10 S. 30(1) repealed for certain purposes (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 Note (with s. 312(1), Sch. 14 para. 1)

F11 S. 30(4A) inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 148(1), Sch. 14 para. 7

F12 S. 30(6) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

Modifications etc. (not altering text)

C3 S. 30 extended with modifications by S.I. 1989/1350, art 3, Sch. 2

C4 Functions in relation to fishery harbours transferred (N.I.) to Department of Agriculture for Northern Ireland: S.R. & O. (N.I.) 1973 No. 129 and Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8

C5 S. 30 amended (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 17(d); S.I. 1993/3137, art. 3(2), Sch. 2

C6 S. 30(3) amended (1.5.1994) by 1993 c. 22, s. 8(3), Sch. 4 para. 17(a); S.I. 1993/3137, art. 3(2, Sch. 2

Marginal Citations

M2 1928 c. 22.

M3 1929 c. 13 (N.I.)

31 Application to hovercraft. U.K.

The enactments and instruments with respect to which provision may be made by an Order in Council under section 1(1)(h) of the M4 Hovercraft Act 1968 shall include this Act and any instrument made under it.

Marginal Citations

M4 1968 c. 59.

32 Saving for other restrictions, rights of action etc. U.K.

Subject to [F13 section 18 of the M5 Interpretation Act 1978] (offence under two or more laws) nothing in this Act shall affect any restriction imposed by or under any other enactment, whether contained in a public general Act or in a local or private Act, or shall derogate from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Act.

Textual Amendments

F13 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M5 1978 c. 30.

33 Repeals and savings. U.K.

(1) The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule.

(2) In so far as any instrument made or other thing done under any enactment repealed by this Act could have been made or done under any provision of this Act it shall have effect as if made or done under that provision; and references in any such instrument to any such enactment shall be construed as referring to the corresponding provision of this Act or, as the case may be, to this Act.

(3) Nothing in the foregoing provisions of this section shall be taken as prejudicing the operation of [F14 sections 16(1) and 17(2)(a) of the M6 Interpretation Act 1978] (which relates to the effect of repeals).

Textual Amendments

F14 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C7 The text of s. 33(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M6 1978 c. 30.

34 Short title and commencement. U.K.

(1) This Act may be cited as the Prevention of Oil Pollution Act 1971.

(2) This Act shall come into force on such day as the Secretary of State may by order appoint; but the day so appointed shall not be earlier than the day or, if more than one, the latest day, appointed under section 12(3) of the M7 Oil in Navigable Waters Act 1971 for the coming into force of the provisions of that Act.

Modifications etc. (not altering text)

C8 1.3.1973 appointed under s. 34(2) by S.I. 1973/203

Marginal Citations

M7 1971 c. 21.