The Merchant Shipping (Prevention of Oil Pollution) (Amendment) Order 1991

This draft Statutory Instrument supersedes the earlier draft of the instrument published on 16th October 1991 and is being issued free of charge to all known recipients of that instrument.

Statutory Instruments

1991 No. 2885

MARINE POLLUTION

The Merchant Shipping (Prevention of Oil Pollution) (Amendment) Order 1991

Made

19th December 1991

Coming into force

2nd January 1992

At the Court at Buckingham Palace, the 19th day of December 1991

Present,

The Queen’s Most Excellent Majesty in Council

Whereas by virtue of section 20(1)(a) and (c) 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) the Protocol relating to the said 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 whereas section 148(2) of the Environmental Protection Act 1990(4) enables an Order under section 20(1) of the Act of 1979 to make, in connection with offences created by or under that Order, provisions corresponding to sections 19(4A), 19A and 20 of the Prevention of Oil Pollution Act 1971(5) (being sections amended or inserted by Schedule 14 to the Environmental Protection Act 1990):

And whereas the Merchant Shipping (Prevention of Oil Pollution) Order 1983(6) enables regulations to be made for the purpose of giving effect to the Convention and the Protocol, including the creation of offences:

Now, therefore, Her Majesty, in exercise of the powers conferred by section 20(1)(a) and (c), (3) and (4) 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)

Cmnd. 7347.

(4)

1990 c. 43.

(5)

1971 c. 60; section 2(2A) was inserted by the Prevention of Oil Pollution Act 1986 (c. 6); and sections 19(4A), 19A and 20 were inserted or amended by the Environmental Protection Act 1990.

(6)

S.I. 1983/1106, amended by S.I. 1985/2002.