7.—(1) The Secretary of State may exempt a ship which has constructional features which render the application of any of the provisions of—
(a)Chapters 3 and 4 of Annex I; or
(b)section 1.2 of part II-A of the Polar Code,
relating to construction or equipment unreasonable or impractical, provided the Secretary of State is satisfied that the construction and equipment of any such ship provides equivalent protection from pollution by oil, having regard to the service for which that ship is intended.
(2) The particulars of any exemption granted under paragraph (1) must be indicated in the IOPP or UKOPP certificate issued under regulation 12 or 13.
(3) Subject to paragraph (5) the Secretary of State may exempt any ship or any description of ship from any of the provisions of these Regulations.
(4) An exemption by the Secretary of State is valid only if given in writing and may be—
(a)given subject to such conditions and limitations as the Secretary of State may specify; and
(b)[F1on the giving of reasonable notice,] altered or cancelled by a notice given in writing by the Secretary of State.
(5) An exemption under paragraph (3) may be granted only if the exemption is compatible with requirements under Annex I.
[F2(5A) Where an exemption is granted under paragraph (3) in respect of a UNSP barge which is a United Kingdom ship, in relation to regulation 10 (surveys), 12 (issue and endorsement of IOPP Certificates) or 13 (issue of UKOPP Certificates), the Secretary of State must issue a UNSP Exemption Certificate.
(5B) Where an exemption is altered or cancelled under paragraph (4)(b), the Secretary of State must indicate this on the UNSP Exemption Certificate.
(5C) The Secretary of State may, at the request of the Administration of another Convention Country, survey a UNSP barge entitled to fly the flag of that Convention Country for the purpose of issuing an exemption under paragraph (3) in relation to regulation 12 or 13 in respect of that ship and, if satisfied that the ship meets the requirements for that exemption, issue a UNSP Exemption Certificate in respect of that ship.
(5D) A UNSP Exemption Certificate issued under paragraph (5C) must include a statement to the effect that it has been issued at the request of the Administration of a Convention Country.
(5E) The Secretary of State must, as soon as possible after issuing a UNSP Exemption Certificate under paragraph (5C), send to the requesting Administration—
(a)a copy of the UNSP Exemption Certificate so issued; and
(b)a copy of the corresponding survey report.
(5F) A UNSP Exemption Certificate must not be issued in respect of a ship entitled to fly the flag of a State which is not a Convention Country.]
[F3(6) In this regulation—
“UNSP” barge means an unmanned non-self-propelled barge that—
is not propelled by mechanical means;
carries no oil;
has no machinery fitted that may use oil or generate oil residue;
has no fuel tank, lubricating oil tank, oily bilge water holding tank and oil residue tank; and
has neither persons nor living animals on board; and
“UNSP Exemption Certificate” means the certificate described as “International Oil Pollution Prevention Exemption Certificate for Unmanned Non-self-propelled (UNSP) Barges” in appendix IV to Annex I.]
Textual Amendments
F1Words in reg. 7(4)(b) inserted (27.12.2022) by The Merchant Shipping (Prevention of Oil Pollution and Prevention of Pollution by Sewage from Ships) (Amendment) Regulations 2022 (S.I. 2022/1234), regs. 1(1), 2(2)(a)
F2Reg. 7(5A)-(5F) inserted (27.12.2022) by The Merchant Shipping (Prevention of Oil Pollution and Prevention of Pollution by Sewage from Ships) (Amendment) Regulations 2022 (S.I. 2022/1234), regs. 1(1), 2(2)(b)
F3Reg. 7(6) substituted (27.12.2022) by The Merchant Shipping (Prevention of Oil Pollution and Prevention of Pollution by Sewage from Ships) (Amendment) Regulations 2022 (S.I. 2022/1234), regs. 1(1), 2(2)(c)
Commencement Information