The Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024

Statutory Instruments

2024 No. 636

Merchant Shipping

Marine Pollution

Safety

The Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024

Made

15th May 2024

Laid before Parliament

20th May 2024

Coming into force

11th June 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by section 15(1), (2), (3)(a), (5) and (6) of, and paragraphs 3, 4 and 14 of Schedule 3 to, the Health and Safety at Work etc. Act 1974(1), article 3 of the Merchant Shipping (Prevention of Oil Pollution) Order 1983(2), articles 3 and 5 of the Merchant Shipping (Prevention and Control of Pollution) Order 1987(3), article 3 of the Merchant Shipping (Prevention and Control of Pollution) Order 1990(4), article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996(5), article 2 of the Merchant Shipping (Control of Pollution) (SOLAS) Order 1998(6) and sections 85(1), (3) and (5) to (7), 86(1)(a), (b), (c) and (d), 128(5) and (6), 302(1) and 306A of the Merchant Shipping Act 1995(7).

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, and the Health and Safety Executive, the Office of Nuclear Regulation and other bodies as appear to the Secretary of State to be appropriate in accordance with section 50(1) and (1AA) of the Health and Safety at Work Act 1974.

These Regulations are made with the consent of the Treasury in so far as is required under section 302(1) of the Merchant Shipping Act 1995.

(1)

1974 c. 37. Section 15(1) was substituted by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 6 and amended by S.I. 2002/794. Section 15(2) was amended by the Energy Act 2013, section 116, Schedule 12, paragraphs 1 and 5(3). Section 15(6)(d) was amended by the Criminal Law Act 1977 (c. 45), section 65, Schedule 12. Section 50 was amended by S.I. 2008/960 and the Energy Act 2013, section 116, Schedule 12, paragraph 11(2). There are other amendments but none is relevant.

(2)

S.I. 1983/1106, amended by S.I. 1985/2002, 1991/2885 and 1993/1580. There are other amendments but none is relevant. Following the consolidation of section 20 of the Merchant Shipping Act 1979 (c. 39), the Order has effect as if made under section 128 of the Merchant Shipping Act 1995 (c. 21). The Order applies to hovercraft by virtue of the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350).

(3)

S.I. 1987/470, amended by S.I. 1990/2595, 1997/2569, 1998/254 and 2015/664. Following the consolidation of section 20 of the Merchant Shipping Act 1979 (c. 39), the Order has effect as if made under section 128 of the Merchant Shipping Act 1995 (c. 21). The effect of the Order is extended by section 128(5) of the Merchant Shipping Act 1995, so as to authorise the making of regulations for the purpose of giving effect to agreements which modify the agreements described in section 128(1).

(4)

S.I. 1990/2595. Following the consolidation of section 20 of the Merchant Shipping Act 1979 (c. 39), the Order has effect as if made under section 128 of the Merchant Shipping Act 1995 (c. 21). The effect of the Order is extended by section 128(5) of the Merchant Shipping Act 1995, so as to authorise the making of regulations for the purpose of giving effect to agreements which modify the agreements described in section 128(1).

(5)

S.I. 1996/282, amended by the Marine and Coastal Access Act 2009 (c. 23), Schedule 4, Part 1, paragraph 3, S.I. 2015/664 and 2022/844. The Order applies to hovercraft by virtue of the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350).

(6)

S.I. 1998/1500.

(7)

1995 c. 21. Sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), sections 8 and 29(2) and Schedule 7. Section 85 was amended by the British Overseas Territories Act 2002 (c. 8), section 2(3). Section 306A was inserted by the Deregulation Act 2015 (c. 20), section 106. Sections 85, 86, 128 and 129 are applied to hovercraft by the Hovercraft (Application of Enactments) Order 1989 (S.I. 1989/1350).