Statutory Instruments

1988 No. 788

MARINE POLLUTION

The Merchant Shipping (Prevention of Oil Pollution) (Bermuda) Order 1988

Made

27th April 1988

Laid before Parliament

5th May 1988

Coming into force

26th May 1988

At the Court of Saint James, the 27th day of April 1988

Present,

The Counsellors of State in Council

Whereas by virtue of section 20(1)(a), (c) and (d) of the Merchant Shipping Act 1979(1) (“the Act of 1979”) Her Majesty may by Order in Council make such provision as She considers appropriate for the purpose of giving effect to—

(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 (“the Convention”)(2),

(b)the Protocol relating to the 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 (“the Protocol”)(3), and

(c)any international agreement, not mentioned in paragraphs (a)—(c) of the said section 20(1) of the Act of 1979, which relates to the prevention, reduction or control of pollution of the sea or other waters by matter from ships:

And whereas the said section 20(1) of the Act of 1979 further provides that the reference to an agreement in paragraph (d) of the said section 20(1) of the Act of 1979 (being the provision recited in paragraph (c) above) includes an agreement which provides for modification of another agreement, including the Protocol:

And whereas the Marine Environment Protection Committee of the International Maritime Organization by resolution MEPC 14(20) dated 7th December 1984 adopted amendments to the Annex to the Protocol:

And whereas by virtue of section 20(3)(e) of the Act of 1979 such an Order may extend to certain territories:

And whereas this Order is made only for the purpose of giving effect in Bermuda to the Convention and the Protocol amended as aforesaid:

And whereas Her Majesty in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 28th day of March 1988, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty’s absence from the United Kingdom to summon and hold on Her Majesty’s behalf Her Privy Council and to signify thereat Her Majesty’s approval for anything for which Her Majesty’s approval in Council is required:

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Prince Charles, Prince of Wales, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by section 20(1)(a), (c) and (d), (3) and (4) of the Act of 1979 and of all other powers enabling Her Majesty, and by and with the advice of Her Majesty’s Privy Council, do on Her Majesty’s behalf order, and it is hereby ordered, as follows:—

(2)

Cmnd. 5748.

(3)

Cmnd. 7347.