The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010

12.  In regulation 32 (offences)—

(a) in paragraph (1)(a) for “of these Regulations” substitute “, or paragraph 5(6) of Schedule 2A,”;

(b) in paragraph (1)(b) for “18(5)” substitute “16(5)”;

(c) in paragraph (1)(c)—

(i) omit “22,”, and

(ii) before “is” insert “or paragraph 2(2) to (6), 3(3), 4(3) or 5(1) to (5) of Schedule 2A”;

(d) after paragraph (3) add—

“(3A) Where a ship uses emission abatement technologies which are not—

(a) permitted in accordance with paragraph 7 or 8 of Schedule 2A,

(b) authorised for the purposes of article 4c of the 1999 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.

(3B) A person who—

(a) places on the market marine diesel oil that has a sulphur content exceeding 1.50 per cent by mass, or

(b) places marine gas oil on the market in contravention of paragraph 9 of Schedule 2A,

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.

(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.”; and

(e) at the start of paragraph (5) insert “In this regulation”.