The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990
UK Statutory Instrument 1990 No. 2605 — creates 17 criminal offences.
- Made
- 19 December 1990
- In force from
- 1 January 1991
- Extent
- Not stated
- Subject
- Housing, planning, heritage and land
- Made under
- Health and Safety at Work etc. Act 1974, Merchant Shipping Act 1979
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations revoke the Merchant Shipping (Dangerous Goods) Regulations 1981 as amended and re-enact those provisions subject to certain changes. The Regulations so far as they relate to dangerous goods are made under section 21 of the Merchant Shipping Act 1979, and give effect to Chapter VII (Carriage of Dangerous Goods) of the International Convention for the Safety of Life at Sea 1974 (Cmnd. 7874) which was laid before Parliament in October 1978 and ratified by the United Kingdom in November 1979, as amended in 1981, 1983, 1988 and 1989. So far as they relate to marine pollutants the Regulations are made under the Merchant Shipping (Prevention and Control of Pollution) Order 1990 and give effect to the provisions of Annex III to the International Convention for the Prevention of Pollution from Ships signed 2nd November 1973. The principal changes from the previous Dangerous Goods Regulations are:— 1 that the Regulations will cease to refer to the Blue Book (the Report of the Department of Transport Standing Advisory Committee), and will instead refer to the International Maritime Dangerous Goods Code, 1990 edition (“IMDG Code”); 2 so far as packaged goods are concerned, the Regulations cover both dangerous goods and marine pollutants, both of which are now covered by the IMDG Code. There is an additional requirement for packaging to be in accordance with the IMDG Code; 3 there will be an additional requirement for shipowners to retain marine pollutant manifests and stowage plans ashore until those goods have been discharged from the ship. The Regulations make consequential changes to the Dangerous Substances in Harbour Areas Regulations 1987. Copies of the various Codes referred to in the Regulations are obtainable from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR. Copies of the United Nations Publication entitled “Recommendations on the Safe Transport of Dangerous Goods” are obtainable from bookshops or distributors. Amendments to the Codes referred to in the Regulations are specified by the Secretary of State in Merchant Shipping Notices. Merchant Shipping Notices are obtainable from the Department of Transport Marine Library, Sunley House, 90 High Holborn, London WC1V 6LP and from any Department of Transport Marine Office.
Offences created by this instrument
- Packaging of dangerous goods and marine pollutants regulation 10(3) · Status not determined · Strict liability
- Marking and Labelling regulation 11(3) · Status not determined · Strict liability
- Marking and Labelling regulation 11(4) · Status not determined · Strict liability
- Stowage regulation 12(3) · Status not determined · Strict liability
- Carriage of explosives regulation 13(2) · Status not determined · Strict liability
- Document of compliance to carry packaged dangerous goods regulation 15(2) · Status not determined · Strict liability
- Documentation regulation 17(2) · Status not determined · Objective fault
- Documentation regulation 17(6) · Status not determined · Strict liability
- General duties of shipowners and employers regulation 3(3) · Status not determined · Strict liability
- General duties of employees aboard ship regulation 4(2) · Status not determined · Strict liability
- Misconduct endangering the ship or persons aboard ship regulation 5(2) · Status not determined · Strict liability
- Documentation regulation 7(7) · Status not determined · Objective fault
- Documentation regulation 7(8) · Status not determined · Strict liability
- Packing Certificates regulation 8(2) · Status not determined · Strict liability
- Packing Certificates regulation 8(3) · Status not determined · Strict liability
- List, manifest or stowage plan regulation 9(6) · Status not determined · Strict liability
- List, manifest or stowage plan regulation 9(7) · Status not determined · Strict liability
What Parliament said about it
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- Radioactive Material (Road Transport) Bill
Lords · Lords Chamber · 22 May 1991 · Lord Brabazon of Tara
My Lords, I should like to state the Government's view on the Bill. Its aim is to bring the Secretary of State for Transport's powers to make regulations governing the transport of radioactive material by road, and his ability to enforce those regulations, up to date. The Bill will, as my noble friend Lord Lucas said, enable the Secretary of State to comply with the United Kingdo— obligations, as a member state of the International Atomic Energy Agency, by allowing the implementation of its recommended regulations for the safe transport of radioactive material in the United Kingdom. The…
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 1990