The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019

Regulation 1(2) and (3)

SCHEDULE Part 1: Amendments

The Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995

1.  In regulation 2(2) (interpretation and revocation) of the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1995(1), in the definition of “permitted level”—

(a) omit “the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 or”; and

(b) at the end insert “or the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019”.

The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004

2.  In regulation 12(10)(ca) (reporting of incidents and accidents at sea) of the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004(2), in the definition of “permitted level”—

(a) omit “the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 or”; and

(b) after “the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018” insert “or the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019”.

The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005

3.  In regulation 3 (discharge permits) of the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005(3), for paragraph (2) substitute—

“(2) The following are exempt from the requirement for a permit—

(a) discharges regulated by—

(i) the Offshore Chemicals Regulations 2002(4); or

(ii) the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008(5); and

(b) discharges of oil or oily mixtures regulated by regulation 33 of the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 with the exception of any of the following discharges of oil or oily mixtures made from floating production, storage and offloading facilities or floating storage units through the production stream—

(i) machinery space discharges; or

(ii) discharges of contaminated sea water from operational purposes such as produced oil tank cleaning water, produced oil tank hydrostatic testing water or water from ballasting of a produced oil tank to carry out inspection by rafting.”.

The Marine Strategy Regulations 2010

4.  In Schedule 2 (enactments in relation to which duty in regulation 4 applies) to the Marine Strategy Regulations 2010(6)—

(a) omit the reference to “The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996”; and

(b) at the end insert—

“The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019”.

The Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014

5.  In the Schedule (specified enactments) to the Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014(7)—

(a) omit paragraph 8; and

(b) at the end insert—

“20.   The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019.”.

The Conservation of Offshore Marine Habitats and Species Regulations 2017

6.  In regulation 6(2) (duty of competent authorities) of the Conservation of Offshore Marine Habitats and Species Regulations 2017(8), for the entry in sub-paragraph (j) substitute “the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019”.

The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018

7.  In regulation 30(3) (marine pollution emergency plan) of the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018(9) for “regulation 33 of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996” substitute “regulation 34 of the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019”.

The Merchant Shipping (Fees) Regulations 2018

8.  In the Table in paragraph 5 of Part 1 of Schedule 1 (fees under the Merchant Shipping Act 1995) to the Merchant Shipping (Fees) Regulations 2018(10), for the entry under heading J (prevention and control of pollution) relating to the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996—

(a) in column 1, substitute “The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019”;

(b) in column 2, substitute “S.I. 2019/42”; and

(c) in column 3, substitute “None”.

Part 2: Revocations

Regulations revoked	References	Extent of revocation
The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996	S.I. 1996/2154	The whole Regulations
The Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulations 1997	S.I. 1997/1910	The whole Regulations
The Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulations 2000	S.I. 2000/483	The whole Regulations
The Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulations 2004	S.I. 2004/303	The whole Regulations
The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004	S.I. 2004/2110	Regulation 22(3)
The Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulations 2005	S.I. 2005/1916	The whole Regulations
The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009	S.I. 2009/1210	Regulation 4
The Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014	S.I. 2014/3306	Schedule 2, paragraph 2
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015	S.I. 2015/664	Schedule 4, paragraph 55
The Merchant Shipping (Marine Equipment) Regulations 2016	S.I. 2016/1025	Schedule, paragraph 1

(1)

S.I. 1995/2498. The definition of “permitted level” was inserted by S.I. 1999/2121 and amended by S.I. 2018/68. There are other amending instruments but none is relevant.

(2)

S.I. 2004/2110. The definition of “permitted level” was inserted by S.I. 2005/1092 and amended by S.I. 2018/68. There are other amending instruments but none is relevant.

(3)

S.I. 2005/2055. Paragraph (2) was amended by S.I 2011/983. There are other amending instruments but none is relevant.

(4)

S.I. 2002/1355, amended by S.I. 2005/2055; S.I. 2010/1513; S.I. 2011/982; S.I. 2016/912 and S.I. 2017/404.

(5)

S.I. 2008/3257, amended by S.I. 2010/897; S.I. 2011/3056; S.I. 2014/3306; S.I. 2016/1025 and S.I. 2018/1104.

(6)

S.I. 2010/1627. There are amendments to this Schedule but none is relevant.

(7)

S.S.I. 2014/324. New paragraph 19 is inserted by S.S.I. 2018/219. There are other amendments to this Schedule but none is relevant.

(8)

S.I. 2017/1013.

(9)

S.I. 2018/68.

(10)

S.I. 2018/1104.