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The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988

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Explanatory Note

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These Regulations give effect to regulations 1—6 of Annex V to the International Convention for the Prevention of Pollution from Ships 1973 (Cmnd 5748) as amended by the Protocol thereto of 1978 (Cmnd 7347). The Convention as amended with Annexes I and II thereto was ratified by the United Kingdom on 22nd May 1980 and came into force internationally on 2nd October 1983. Annex V, which was accepted by the United Kingdom on 27th May 1986, comes into force internationally on 31st December 1988.

The Regulations apply to United Kingdom ships wherever they may be and to other ships while they are within the United Kingdom or United Kingdom territorial waters. The term“ships” in these Regulations includes submersible craft and offshore installations. Any discharge of garbage from ships into the sea must comply with the requirements of the Regulations. The requirements applicable to discharges in Special Areas are more stringent than those applicable outside Special Areas. At the time when these Regulations come into force there are no Special Areas but areas may subsequently be designated as such by the Secretary of State in a Merchant Shipping Notice.

If a ship fails to comply with the requirements of these Regulations the owner, manager, charterer and master are each guilty of an offence punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.

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