The Control of Pollution (Anti-Fouling Paints and Treatments) Regulations 1987

• Citation: S.I. 1987/783
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Control of Pollution (Anti-Fouling Paints and Treatments) Regulations 1987 and shall come into force on 28th May 1987.

Section 2 Interpretation

In these Regulations—

“anti-fouling paint” means any surface coating containing one or more chemical compounds which have the effect of inhibiting the growth of or having other detrimental effects on freshwater, estuarial or marine life and which is intended to be applied in a liquid or semi-liquid form to the hull of a ship or boat;

“anti-fouling treatment” means any treatment containing one or more chemical compounds which have the effect of inhibiting the growth of or having other detrimental effects on freshwater, estuarial or marine life and which is intended for application in a liquid or semi-liquid form to any net, cage, float or other apparatus used in connection with the propagation or cultivation of fish or shellfish;

“tri-organotin compound” means a chemical compound in which tin is chemically bound directly to three alkyl or aryl radicals by a carbon linkage;

“retail sale” means sale by way of business to a person who does not buy, or hold himself out as buying, in the course of a business;

“wholesale” means supply by way of business to a person who buys, or holds himself out as buying, in the course of a business.

Section 3 Anti-fouling paints and treatments to which the Regulations apply

These Regulations apply to any anti-fouling paint or treatment containing a tri-organotin compound.

Section 4 Prohibition of supply of paints and treatments

(1) No person shall supply, whether for retail sale or by way of retail sale, an anti-fouling paint to which these Regulations apply.

(2) No person shall supply, whether by way of retail sale or wholesale, an anti-fouling treatment to which these Regulations apply.

Section 5 Offences

(1) A person who contravenes regulation 4 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £2000, and on conviction on indictment to a fine.

(2) Where a person is charged with an offence under these Regulations it shall be a defence for him to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

Section 6 Revocations

The Control of Pollution (Anti-Fouling Paints) Regulations 1985 and the Control of Pollution (Anti-Fouling Paints) (Amendment) Regulations 1986 are hereby revoked.