Part VI

Prevention of Pollution
Chapter I

Pollution Generally

Prevention of pollution from ships etc.
128
1
Her Majesty may by Order in Council make such provision as She considers appropriate for the purpose of giving effect to any provision of any of the following which have been ratified by the United Kingdom—
a
the International Convention for the Prevention of Pollution from Ships (including its protocols, annexes and appendices) which constitutes attachment 1 to the final act of the International Conference on Marine Pollution signed in London on 2nd November 1973;
b
the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances other than Oil which constitutes attachment 2 to the final act aforesaid;
c
the Protocol relating to the said Convention which constitutes attachment 2 to the final act of the International Conference on Tanker Safety and Pollution Prevention signed in London on 17th February 1978;
d
the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (including the Final Act of the Conference and the attached resolutions) signed in London on 30th November 1990;
da
the Protocol to amend the Convention for the Prevention of Pollution from Ships signed in London on 26 September 1997 (which added to it Annex
VI
containing regulations for the prevention of air pollution from ships);
e
any international agreement not mentioned in paragraphs (a) to (da) above which relates to the prevention, reduction or control of pollution of the sea or other waters by matter from ships;
and in paragraph (e) above the reference to an agreement includes an agreement which provides for the modification of another agreement, including the modification of an agreement mentioned in paragraphs (a) to (c) above.
2
The powers conferred by subsection (1) above to make provision for the purpose of giving effect to an agreement include power to provide for the provision to come into force although the agreement has not come into force.
3
Without prejudice to the generality of subsection (1) above, an Order under that subsection may in particular include provision—
a
for applying for the purpose mentioned in that subsection any enactment or instrument relating to the pollution of the sea or other waters and also any of sections 87, 268, 269 and 270;
b
with respect to the carrying out of surveys and inspections for the purpose aforesaid and the issue, duration and recognition of certificates for that purpose;
c
for repealing the provisions of any enactment or instrument so far as it appears to Her Majesty that those provisions are not required having regard to any provision made or proposed to be made by virtue of this section;
d
with respect to the application of the Order to the Crown and the extra-territorial operation of any provision made by or under the Order;
e
for the extension of any provisions of the Order, with or without modifications, to any relevant British possession;
f
that a contravention of a provision made by or under the Order shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years and a fine;
g
that any such contravention shall be an offence punishable only on summary conviction by a maximum fine of an amount not exceeding level 5 on the standard scale or such less amount as is prescribed by the Order;
h
in connection with offences created by or under the Order, corresponding to that made in connection with offences under section 131 by sections 143(6), 144and 146 (whether by applying, or making provision for the application of, any of those sections, subject to such modifications as may be specified by or under the Order, or otherwise);
i
for detaining any ship in respect of which such a contravention is suspected to have occurred and, in relation to such a ship, for applying section 284 with such modifications, if any, as are prescribed by the Order;
and nothing in any of the preceding provisions of this subsection shall be construed as prejudicing the generality of any other of those provisions and in particular neither paragraph (f) nor (g) above shall prejudice paragraph (a) above.
3A
An order under subsection (1) above in pursuance of paragraph (d) of that subsection may include provision imposing on local authorities responsibilities in relation to the preparation, review and implementation of any plans required by the agreement mentioned in that paragraph.
4
An Order under subsection (1) above may—
a
make different provision for different circumstances;
b
make provision in terms of any document which the Secretary of State or any person considers relevant from time to time;
c
provide for exemptions from any provisions of the Order;
d
provide for the delegation of functions exercisable by virtue of the Order;
e
include such incidental, supplemental and transitional provisions as appear to Her Majesty to be expedient for the purposes of the Order;
f
authorise the making of regulations and other instruments for any of the purposes of this section (except the purposes of subsection (3)(a) and (c) above) . . .; and
g
provide that any enactment or instrument applied by the Order shall have effect as so applied subject to such modifications as may be specified in the Order.
5
Where an Order in Council under subsection (1) above authorises the making of regulations for the purpose of giving effect to an agreement mentioned in paragraphs (a) to (da) or falling within paragraph (e) of that subsection the Order also authorises the making of regulations for the purpose of giving effect to an agreement which provides for the modification of such an agreement.
This subsection applies in relation to Orders in Council and international agreements whenever made.
6
Regulations made by virtue of paragraph (f) of subsection (4) above may make provision corresponding to the provision authorised for an Order by paragraphs (a) to (e) of subsection (4) above.
7
An Order in Council in pursuance of subsection (1)(b) or (e) above may apply to areas of land or sea or other United Kingdom waters notwithstanding that the agreement in question does not relate to those areas.
8
A draft of an Order in Council proposed to be made by virtue of subsection (1) above shall not be submitted to Her Majesty in Council unless—
a
the draft has been approved by a resolution of each House of Parliament;
b
the Order is to contain a statement that it is made only for any of the purposes specified in subsection (9) below; or
c
the Order extends only to a possession mentioned in subsection (3)(e) above.
9
The purposes referred to in subsection (8)(b) above are—
a
giving effect to an agreement mentioned in subsection (1)(a) to (da) above;
b
providing as authorised by subsection (2) above in relation to such an agreement and the purposes of subsection (5) above;
and a statutory instrument containing an Order which contains a statement that it is made only for any of those purposes shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Words in s. 128(3)(h) substituted (17.7.1997) by 1997 c. 28, s. 29(1), Sch. 6 para. 3(2); S.I. 1997/1539, art. 2, Sch.
S. 128(3A) inserted (19.3.1997) by 1997 c. 28, ss. 12, 31(4)
Words in s. 128(4)(f) repealed (17.7.1997) by 1997 c. 28, s. 29(1)(2), Sch. 6 para. 3(3), Sch. 7 Pt. I; S.I. 1997/1539, art. 2, Sch.
S. 128(1)(da) inserted (30.3.2006) by Merchant Shipping (Pollution) Act 2006 (c. 8), ss. 2(2), 4
Word in s. 128(9)(a) substituted (30.3.2006) by Merchant Shipping (Pollution) Act 2006 (c. 8), ss. 2(3), 4
Word in s. 128(1)(e) substituted (30.3.2006) by Merchant Shipping (Pollution) Act 2006 (c. 8), ss. 2(3), 4
S. 128(1)(e) applied (1.3.2005) by The Merchant Shipping (Prevention of Pollution) (Drilling Rigs and Other Platforms) Order 2005 (S.I. 2005/74), arts. 1, 2
Word in s. 128(5) substituted (30.3.2006) by Merchant Shipping (Pollution) Act 2006 (c. 8), ss. 2(3), 4
S. 128 applied (with modifications) (21.7.2022) by S.I.1989/1350, art. 3 (as amended by The Hovercraft (Application of Enactments) and Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Amendment Order 2022 (S.I. 2022/844), arts. 1(3), 2(2))