The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020

Regulation 2(1) and (2)

SCHEDULE 1 Amendments and Revocations

PART 1 Amendments

The Waste Management Licensing Regulations (Northern Ireland) 2003

1.  In Table 1 in paragraph 1 of Schedule 6 (prescribed offences) to the Waste Management Licensing Regulations (Northern Ireland) 2003(1)—

(a) for entry 16 substitute—

“16.   Regulation 30(1) of the Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020”; and

(b) after entry 16 insert—

“16a.   Regulation 21(1) of the Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020(2)”.

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

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

“(ii) the Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020; or

(iii) the Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020; and”.

The Waste Management Licensing (Scotland) Regulations 2011

3.  In regulation 3 (relevant offences) of the Waste Management Licensing (Scotland) Regulations 2011(4)—

(a) for sub-paragraph (m) substitute—

“(m) regulation 30 of the Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020;”; and

(b) after sub-paragraph (m) insert—

“(ma) regulation 21 of the Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020;”.

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

4.  In the Schedule (specified enactments) to the Environmental Regulation (Significant Environmental Harm) (Scotland) Order 2014(5) for paragraph 12 substitute—

“12.   The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020.

12a.   The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020.”.

The Merchant Shipping (Fees) Regulations 2018

5.  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(6) for the entry under heading J (prevention and control of pollution) relating to the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008(7) substitute —

The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020	2020/621	None
The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020	2020/620	None

PART 2 Revocations

Table

Regulations revoked	Reference	Extent of revocation
The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008	S.I. 2008/3257	The whole instrument
The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) (Amendment) Regulations 2010	S.I. 2010/897	The whole instrument

Regulation 3(1)

SCHEDULE 2 Gross Tonnage

1.  The “gross tonnage” of a United Kingdom ship is to be determined in accordance with paragraphs 3 to 7, and the “gross tonnage” of a ship other than a United Kingdom ship is to be determined in accordance with paragraphs 8 to 10.

2.  In this Schedule—

“the 1997 Regulations” means the Merchant Shipping (Tonnage) Regulations 1997(8);

“length overall” and “length” (except in the expression “length overall”) have the same meaning as in the 1997 Regulations; and

“the Tonnage Convention” means the International Convention on Tonnage Measurement of Ships, 1969(9).

United Kingdom Ships

3.  In the case of a ship of 24 metres in length or over for which the Secretary of State permits the continuing use of a gross tonnage pursuant to regulation 12(1) (use of gross tonnage ascertained under previous Regulations) of the 1997 Regulations, the “gross tonnage” is the smaller of—

(a) the largest gross tonnage permitted for that ship pursuant to regulation 12(1) of the 1997 Regulations; and

(b) the gross tonnage of the ship determined in accordance with regulation 6 (gross tonnage) of the 1997 Regulations.

4.  In the case of any other ship of 24 metres in length or over, the “gross tonnage” is the gross tonnage of the ship determined in accordance with regulation 6 (gross tonnage) of the 1997 Regulations.

5.  In the case of a fishing vessel of 15 metres or more in length overall but less than 24 metres in length, the “gross tonnage” is the tonnage of the vessel determined in accordance with regulations 6 (gross tonnage) and 12C(10) (measurement of smaller fishing vessels) of the 1997 Regulations.

6.  In the case of a fishing vessel of less than 15 metres in length overall and less than 24 metres in length, the “gross tonnage” is the Registered Tonnage of the vessel determined in accordance with regulation 7 of the Merchant Shipping (Fishing Vessels – Tonnage) Regulations 1988(11).

7.  In the case of any other ship of less than 24 metres in length, the “gross tonnage” is the gross tonnage of the ship determined in accordance with regulation 14(2) (measurement and certification) of the 1997 Regulations.

Ships other than United Kingdom ships

8.  Subject to paragraph 9, in the case of a ship which has a gross tonnage determined in accordance with the Tonnage Convention, the “gross tonnage” is that gross tonnage.

9.  Where a ship has a gross tonnage determined in accordance with the Tonnage Convention but the ship’s flag State permits the use of some other gross tonnage, the “gross tonnage” of the ship is the smaller of—

(a) the largest gross tonnage permitted by the flag State to be used for that ship; and

(b) the gross tonnage determined in accordance with the Tonnage Convention.

10.  In the case of a ship which does not have a gross tonnage determined in accordance with the Tonnage Convention, the “gross tonnage” is the gross tonnage or equivalent measure determined in accordance with the law of the ship’s flag State (and where the ship has more than one such gross tonnage or equivalent measure, the “gross tonnage” is to be taken to be the largest of them).

(1)

S.R. 2003/493, amended by S.R. 2017/202; there are other amending instruments but none is relevant.

(2)

S.I. 2020/621.

(3)

S.I. 2005/2055, amended by S.I. 2011/983, 2019/42; there are other amending instruments but none is relevant.

(4)

S.S.I. 2011/228, amended by S.S.I 2012/360; there are other amending instruments but none is relevant.

(5)

S.S.I. 2014/324. New paragraph 19 is inserted by S.S.I. 2018/219 and new paragraph 20 is inserted by S.I. 2019/42. There are other amendments to this Schedule but none is relevant.

(6)

S.I. 2018/1104, to which there are amendments not relevant to these Regulations.

(7)

S.I. 2008/3257. The provisions in relation to the prevention of pollution by garbage from ships are now to be found in the Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020 (S.I. 2020/621) which come into force simultaneously with these Regulations.

(8)

S.I. 1997/1510, amended by S.I.1998/1916 and 1999/3206. There are other amendments but none is relevant.

(9)

The Tonnage Convention was published in Cmnd. 4332 and subsequently in Cmnd. 8716. An electronic copy of the Tonnage Convention is available via the Foreign and Commonwealth Office treaties database (https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=68110). A hard copy of Cmnd. 8716 is available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW (catalogue number: HL/PO/JO/10/11/2156/147).

(10)

Regulation 12C was inserted by regulation 2(2) of S.I. 1998/1916.

(11)

S.I. 1988/1909, amended by S.I. 1998/1916 and 1999/3206.