2021 No. 818
The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk and Prevention of Oil Pollution) (Amendment) Regulations 2021
Made
Laid before Parliament
Coming into force
The Secretary of State in exercise of the powers conferred by article 3 of the Merchant Shipping (Prevention of Oil Pollution) Order 19831, articles 3 and 5 of the Merchant Shipping (Prevention and Control of Pollution) Order 19872, article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 19963 and sections 85(1), (3), (5) to (7), 86(1), 128(5) and (6), 129(2) and section 306A of the Merchant Shipping Act 19954 makes the following Regulations.
The Secretary of State has consulted such persons in the United Kingdom as the Secretary of State considers will be affected by the exercise of powers in this instrument in accordance with section 86(4) of the Merchant Shipping Act 1995.
Citation, commencement and extent1
1
These Regulations may be cited as the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk and Prevention of Oil Pollution) (Amendment) Regulations 2021 and come into force on 3rd August 2021.
2
These Regulations extend to England and Wales, Scotland and Northern Ireland.
Amendment of the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 20182
1
The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 20185 are amended as follows.
2
In regulation 3 (interpretation)—
a
in paragraph (1)—
i
for the definition of “BCH Code”, substitute—
“BCH Code” has the same meaning as that given to “Bulk Chemical Code” in regulation 1 of Annex II6;
ii
after the definition of “discharge”, insert—
“flag State”, in relation to a ship, means the State whose flag the ship is entitled to fly;
iii
after the definition of “offshore support vessel”, insert—
“OSV Chemical Code” means the Code for the Transport and Handling of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels7;
iv
for the definition of “IBC Code”, substitute—
“IBC Code” has the same meaning as that given to “International Bulk Chemical Code” in regulation 1 of Annex II8;
v
for the definition of “IGC Code”, substitute—
“IGC Code” has the same meaning as that given to “International Gas Carrier Code” in regulation 11.1 of Chapter VII in the Annex to the International Convention for the Safety of Life at Sea, 19749;
vi
in the definition of “OSV Guidelines10”, omit “published by the IMO”;
b
in paragraph (2)(a), for paragraph (iv) substitute—
iv
in the case of an NLS ship which is an offshore support vessel constructed or adapted before 1st July 2018, in accordance with regulation 8.1 of Annex II and section 1.5 of the OSV Guidelines;
iva
in the case of an NLS ship which is an offshore support vessel constructed or adapted on or after 1st July 2018, in accordance with regulation 8.1 of Annex II and section 1.4 of the OSV Chemical Code;
c
in paragraph (3)(a), for paragraph (iv) substitute—
iv
as respects an NLS ship which is an offshore support vessel constructed or adapted before 1st July 2018, a Certificate of Fitness as set out in Appendix 2 to the OSV Guidelines issued and endorsed for a specified period in accordance with the requirements of the OSV Guidelines, together with a certificate as described in paragraph (iii);
iva
as respects an NLS ship which is an offshore support vessel constructed or adapted on or after 1st July 2018, a Certificate of Fitness as set out in Appendix 1 to the OSV Chemical Code issued and endorsed for a specified period in accordance with the requirements of the OSV Chemical Code, together with a certificate as described in paragraph (iii);
d
in paragraph (7)—
i
in the words before sub-paragraph (a), after “RO Code11” insert “, the OSV Chemical Code”;
ii
omit “and” after sub-paragraph (b);
iii
omit sub-paragraph (c).
3
In regulation 4 (ambulatory reference)—
a
in paragraphs (1) and (7), after “RO Code” insert “, the OSV Chemical Code”;
b
in paragraph (6), after “IGC Code” insert “, the OSV Chemical Code”.
4
In regulation 8(2) (relevant requirements), for sub-paragraphs (e) and (f) substitute—
e
as respects an NLS ship which is an offshore support vessel constructed or adapted before 1st July 2018, as set out in Chapters 2, 3, 4, 5 and 7 of the OSV Guidelines;
f
as respects an NLS ship which is an offshore support vessel constructed or adapted on or after 1st July 2018, as set out in Chapters 2 to 14 and 18 of the OSV Chemical Code; and
g
as respects any other NLS ship, as set out in—
i
regulation 12.1, 12.2 or 12.3 of Annex II; and
ii
Appendix 5 to Annex II.
5
In regulation 24(2) (control of discharges of noxious liquid substances from ships), in the words before sub-paragraph (a), after “certificated NLS ship” insert “, except from a certificated NLS ship which is an offshore support vessel,”.
6
In regulation 29 (cargo record book)—
a
for paragraph (1), substitute—
1
Every NLS ship must be provided with a Cargo Record Book in—
a
the format specified in regulation 15.1 of Annex II (cargo record book); or
b
the form specified in Appendix 2 to Annex II (form of cargo record book).
b
in paragraph (5), after “page of” insert “, or group of electronic entries in,”.
7
In regulation 30(5) (marine pollution emergency plan), for “published by the IMO as” substitute “in IMO”.
Amendment of the Merchant Shipping (Prevention of Oil Pollution) Regulations 20193
1
The Merchant Shipping (Prevention of Oil Pollution) Regulations 201912 are amended as follows.
2
In regulation 20 (oil record book)—
a
for paragraph (3), substitute—
3
The Oil Record Books referred to in paragraphs (1) and (2) must be in—
a
the format specified in—
i
regulation 17.1 of Annex I (oil record book, part I (machinery space operations)); or
ii
regulation 36.1 of Annex I (oil record book, part II (cargo/ballast operations)); or
b
the form specified in Appendix III to Annex I (form of oil record book).
b
in paragraph (8), after “page” insert “or group of electronic entries”.
Signed by authority of the Secretary of State for Transport
(This note is not part of the Regulations)