The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996

UK Statutory Instrument 1996 No. 2154 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 19 August 1996
In force from: 17 September 1996
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries

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 consolidate the Merchant Shipping (Prevention of Oil Pollution) Regulations 1983 and subsequent amendments. Technical details are now included in a Merchant Shipping Notice (No. 1643/MARPOL 1). In addition the Regulations include a number of new provisions: the Regulations incorporate the most recent amendments to Annex I of the International Convention for the Prevention of Pollution by Sea 1973, as amended by the Protocol of 1978 to that Convention (MARPOL), which were adopted at the 36th session of the Marine Environmental Committee (MEPC) to the International Maritime Organisation (IMO) in November 1994. The amendements which enter into force on 3 March 1996 provide a legal basis for port states to carry out inspections of shipboard operational procedures (regulation 34(1)(b) and (c)). Certain extensions permitted by the United Nations Law of the Sea Convention 1982 (Cmnd 8941) are introduced, in particular— discharges by non-United Kingdom ships into the United Kingdom’s controlled waters beyond the territorial sea and, subject to certain restrictions on institution of proceedings contained in regulation 38, elsewhere, are prohibited; but where proceedings for a discharge of type mentioned in paragraph (i) are instituted, they may be suspended if the flag state institutes proceedings (regulation 39); Merchant Shipping Notices referred to in the Regulations may be obtained from Eros Marketing Support Services Ltd,, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesley, Surrey KT8 0BN. The MARPOL Convention and Protocol, and amendments and resolutions and other publications of IMO and MEPC referred to in regulation 1(2) can be obtained from IMO, 4 Albert Embankment, London SE1 75R.

Offences created by this instrument

Penalties regulation 36(1) · 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.

Merchant Shipping And Maritime Security Bill Hl Lords · Lords Chamber · 13 January 1997
The noble Lord said: My Lords, this is an amendment to insert an extra clause on oil record books and freedom of access to information. Oil record books are now to be provided to ships under the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996. Ships are required to record a range of information about ballasting, discharging and disposing of oil residues. Harbour authorities have the power, but not the duty, to inspect them.
Maritime Pollution Commons · Westminster Hall · 2 July 2002 · Mr. Desmond Swayne (New Forest, West)
First, I thank the hon. Member for Orkney and Shetland (Mr. Carmichael) for seeking the debate, and congratulate him on securing it and on the command of the subject that he demonstrated in his speech. I thought that it was an excellent summary of the issues involved and I look forward to the Minister's response to the points raised. I have a constituency interest of my own. I represent the western part of the New forest, which has the western Solent as its seafront: an environmentally sensitive area, which includes the Lymington marshes and Hurst spit. I also go to Pembrokeshire every year…
Maritime Pollution Commons · Westminster Hall · 2 July 2002 · Mr. Jamieson
I have heard what the hon. Gentleman says, but we perhaps differ on the issue. The hon. Gentleman also asked about a further Independent inquiry into the Braer incident. The MAIB is independent of my Department and the chief inspector reports directly to the Secretary of State. The hon. Gentleman holds Admiral John Lang in high regard and I am satisfied that his advice to us is entirely independent, and I accept and very much appreciate it. The hon. Gentleman asked about the green award and we are interested in any scheme that encourages higher environmental standards. The port waste…
Pollution Offences Commons · Commons Chamber · 3 February 2004 · The Parliamentary Under-Secretary of State for Transport (Mr. David Jamieson)
We need to bring the statutory defences under the Merchant Shipping Act 1995 into line with those in the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996. My Department has investigated the scope for achieving that through a regulatory reform order, but has established that it is not possible. We will therefore seek to amend the 1995 Act when a legislative opportunity is available.

How Parliament handled it

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