(1)No oil shall be transferred between sunset and sunrise to or from a ship in any harbour in the United Kingdom unless the requisite notice has been given in accordance with this section or the transfer is for the purposes of a [F1fire and rescue authority or other [F2person who employs or engages fire-fighters]][F3the Scottish Fire and Rescue Service][F4the Northern Ireland Fire and Rescue Service Board or other [F2person who employs or engages fire-fighters]].
(2)A general notice may be given to the harbour master of a harbour that transfers of oil between sunset and sunrise will be frequently carried out at a place in the harbour within such period, not ending later than twelve months after the date on which the notice is given, as is specified in the notice; and if such a notice is given it shall be the requisite notice for the purposes of this section as regards transfers of oil at that place within the period specified in the notice.
(3)Subject to subsection (2) above, the requisite notice for the purposes of this section shall be a notice given to the harbour master not less than three hours nor more than 96 hours before the transfer of oil begins.
(4)In the case of a harbour which has no harbour master, references in this section to the harbour master shall be construed as references to the harbour authority.
(5)If any oil is transferred to or from a ship in contravention of this section, the master of the ship, and, if the oil is transferred from or to a place on land, the occupier of that place, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Textual Amendments
F1Words in s. 135(1) substituted (E.W.) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 87; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F2Words in s. 135(1) substituted (12.7.2016) by Armed Forces Act 2016 (c. 21), ss. 17(4), 19(3)(b)
F3Words in s. 135(1) substituted (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 59; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F4Words in s. 135(1) substituted (N.I.) (1.7.2006) by The Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254), art. 1(3), Sch. 3 para. 21; S.R. 2006/257, art. 2(d)