The Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009

• Citation: S.I. 2009/1210
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Merchant Shipping (Implementation of Ship-Source Pollution Directive) Regulations 2009 and come into force on 1 st July 2009.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Merchant Shipping Act 1995; and

“ the Directive ” means Directive 2005/35/EC of the European Parliament and of the Council of 7 th September 2005 on ship-source pollution and on the introduction of penalties for infringements .

Section 3 Amendment of section 131 of the Merchant Shipping Act 1995

(1) Section 131 of the Act (discharge of oil from ships into certain United Kingdom waters) is amended as follows.

(2) Before subsection (1) insert—

(A1) In this section “ relevant discharge ” means—

(a) a discharge of oil or a mixture containing oil which is made—

(i) from a ship which is an offshore installation, and

(ii) into United Kingdom national waters which are navigable by sea-going ships, or

(b) a discharge of oil or a mixture containing oil which is made—

(i) from a ship which is not an offshore installation, and

(ii) into United Kingdom national waters which are navigable by sea-going ships but which do not form part of the sea.

(3) In subsection (1)—

(a) for the words from “If any oil” to “seagoing ships, then” substitute “ If there is a relevant discharge ” ;

(b) in paragraph (a), omit “if the discharge is from a ship,”; and

(c) in paragraph (b), for “is from a ship but” substitute “ from the ship ” .

(4) In subsection (2) after “any discharge” insert “ from an offshore installation ” .

(5) After subsection (3) insert—

(3A) In this section “ offshore installation ” means any mobile or fixed drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of sea bed mineral resources.

Section 4 Amendment of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996

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Section 5 Amendment of the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996

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Section 6 Transitional provision

The amendments made by regulation 3 do not apply in relation to any discharge which occurred before the coming into force of these Regulations.