The Merchant Shipping (Prevention and Control of Pollution) Order 1990

Statutory Instruments

1990 No. 2595

MARINE POLLUTION

The Merchant Shipping (Prevention and Control of Pollution) Order 1990

Made

19th December 1990

Coming into force

1st January 1991

At the Court at Buckingham Palace, the 19th day of December 1990

Present,

The Queen’s Most Excellent Majesty in Council

Whereas by virtue of section 20(1)(a) and (d) and (2) 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), and

(b) any international agreement, not mentioned in paragraphs (a) to (c) of the said section 20(1), which relates to the prevention, reduction or control of pollution of the sea or other waters by matter from ships including an agreement which provides for modification of, inter alia, the Convention:

And whereas the said section 20(2) provides that the powers conferred by section 20(1) to make provision for the purpose of giving effect to an agreement include power to provide for the provision to come into force although the agreement has not come into force:

And whereas the Merchant Shipping (Prevention and Control of Pollution) Order 1987(3) enables effect to be given to Annex II and Protocol 1 to the Convention, as amended:

And whereas the Marine Environment Protection Committee of the International Maritime Organization on 17th March 1989 by Resolutions MEPC 32(27), 33(27) and 34(27) adopted, in accordance with Article 16(2)(d) of the Convention, amendments relating to Annex II and Protocol 1 to the Convention:

And whereas the said amendments came into force internationally on 13th October 1990:

And whereas Annex III to the Convention, which relates to pollution by harmful substances in packaged form was ratified by the United Kingdom on 27th May 1986:

And whereas the said Annex III has not yet come into force internationally but it is desired to give effect to the provisions of the said Annex III from 1st January 1991:

And whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by section 20(1)(a) and (d), (2), (3), (4) and (5) of the Act of 1979 and of all other powers enabling Her in that behalf is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

(1)

1979 c. 39.

(2)

Cmnd. 5748.

(3)

S.I. 1987/470.