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The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008
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- UK Statutory Instruments
- 2008 No. 2924
- PART 4
- Regulation 32
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Changes over time for: Section 32
Version Superseded: 31/12/2020
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32.—(1) Any contravention of—
(a)regulation 5(1), 6(1), 7(1), 8(1), 9(1), (2) or (3), 10(2), 18(4), 19(1) or (2), 20(3), 23(3) or (4) or 25(9)(c) [F1, or paragraph 5(6) of Schedule 2A [F2or paragraph 10 of Schedule 4],] is an offence by the owner and by the master of the ship in question,
(b)regulation [F316(5)], 21(6) or 24(2) is an offence by the owner of the ship in question,
(c)regulation 20(1), 21(4), F4... 23(6), 24(1), (4), (6), (7), (8) (9), (10) or (11), 25(3), (4), (5), (8), (10) or (11) [F5or paragraph 2(2) to (6), 3(3), 4(3) or 5(1) to (5) of Schedule 2A] is an offence by the master of the ship in question;
(d)regulation 15(5) [F6, 19 or 19A] is an offence by the owner, manager, demise charterer and master of the ship in question;
(e)regulation 18(3) is an offence by the person in question;
(f)regulation 23(1) or (2) is an offence by the harbour authority or terminal operator in question;
(g)regulation 25(2) is an offence by the fuel oil supplier in question;
(h)regulation 25(7) or (9)(a) or (b) is an offence by the local supplier of fuel oil in question.
(2) An offence under paragraph (1) is punishable—
(a)on summary conviction by a fine not exceeding the statutory maximum; or
(b)on conviction on indictment by a fine.
(3) A fuel oil supplier’s representative who makes a false declaration in a bunker delivery note is guilty of an offence and punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.
[F7(3A) Where a ship uses an emission abatement method which is not—
(a)permitted in accordance with paragraph 6 or 7 of Schedule 2A,
(b)authorised for the purposes of [F8paragraphs 2 and 4 of Article 8, and Article 9, of the 2016 Directive] by an EEA state other than the United Kingdom, or
(c)authorised for the purposes of Annex VI by a Contracting Government other than the United Kingdom,
the owner and master are guilty of an offence and punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.]
F9(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3C) A local supplier of fuel oil who fails to comply with a requirement under regulation 31A(1) is guilty of an offence and punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.
(3D) A person to whom a requirement under regulation 31A(2) is addressed who fails to comply with that requirement is guilty of an offence and punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.
(4) Where an offence under these Regulations is committed, or would be committed save for the operation of regulation 37(1), by any person due to the act or default of some other person, that other person is also guilty of the offence, and a person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first person.
(5) [F10In this regulation] “fuel oil supplier’s representative”, “fuel oil supplier” and “local supplier of fuel oil” have the same meaning as in regulation 25.
Textual Amendments
F1Words in reg. 32(1)(a) substituted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 12(a)
F2Words in reg. 32(1)(a) inserted (30.6.2019) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/940), regs. 1, 2(10)(a)
F3Word in reg. 32(1)(b) substituted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 12(b)
F4Word in reg. 32(1)(c) omitted (20.4.2010) by virtue of The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 12(c)(i)
F5Words in reg. 32(1)(c) inserted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 12(c)(ii)
F6Words in reg. 32(1)(d) substituted (30.6.2019) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/940), regs. 1, 2(10)(b)
F7Reg. 32(3A) substituted (16.12.2014) by The Merchant Shipping (Prevention of Air Pollution from Ships) and Motor Fuel (Composition and Content) (Amendment) Regulations 2014 (S.I. 2014/3076), regs. 1, 2(4)
F8Words in reg. 32(3A)(b) substituted (12.3.2019) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(2), 3(3)
F9Reg. 32(3B) omitted (14.1.2011) by virtue of The Motor Fuel (Composition and Content) and Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/3035), regs. 1, 16(3)
F10Words in reg. 32(5) inserted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 12(e)
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