The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1997 (revoked)
UK Statutory Instrument 1997 No. 2367 — creates 22 criminal offences.
- Made
- 24 September 1997
- In force from
- 1 November 1997
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
- Made under
- European Communities Act 1972, Health and Safety at Work etc. Act 1974, Merchant Shipping Act 1995
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 and replace the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990. The principal changes are: a The responsibilities formerly placed on the shipowner are now placed on the operator of the ship (who may include the owner, any charterer, manager and agent). b The Regulations implement Article 4 of Council Directive No. 93/75/EEC (O.J. No. 247, P19, 5–10–93) relating to vessels bound for or leaving community ports and carrying dangerous or polluting goods (regulations 10, 20 and 21). c The Regulations implement the 1991 Amendments to the Safety of Life at Sea Convention 1974 (Solas) adopted by the Maritime Safety Committee by Resolution requiring a Document of Compliance and the 1994 Amendments adopted by Resolution MSC.42(64) (as amended), requiring an approved cargo securing manual from 1st January 1998 (regulations 18 and 19). d There are general duties to comply with the provisions of the IMDG Code. e The IMO Codes are generally updated to those currently in force. Copies of the Solas, its 1978 Protocol, and amendments, and of various Codes and the IMO Recommendations referred to in the Regulations are obtainable from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR. Merchant Shipping Notices are obtainable from Eros Marketing Support Services Ltd, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesley, Surrey KT8 0BN. A copy of the compliance cost assessment for these Regulations can be obtained from the Marine Information Centre of the Marine Safety Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG.
Offences created by this instrument
- Declaration regulation 10(10) · Status not determined · Strict liability
- Declaration regulation 10(9) · Status not determined · Requires proof of a state of mind
- Preparation of goods for transport regulation 11(4) · Status not determined · Strict liability
- Preparation of goods for transport regulation 11(5) · Status not determined · Mixed — some elements strict, some not
- Container or Vehicle Packing Certificates regulation 12(3) · Status not determined · Strict liability
- Container or Vehicle Packing Certificates regulation 12(3)(a) · Status not determined · Strict liability
- Container or Vehicle Packing Certificates regulation 12(3)(b) · Status not determined · Strict liability
- Container or Vehicle Packing Certificates regulation 12(4) · Status not determined · Strict liability
- List, manifest or stowage plan regulation 14(5) · Status not determined · Strict liability
- Marking and labelling regulation 15(2) · Status not determined · Strict liability
- Marking and labelling regulation 15(3) · Status not determined · Strict liability
- Stowage on board ship regulation 16(4) · Status not determined · Strict liability
- Stowage on board ship regulation 16(5) · Status not determined · Strict liability
- Stowage on board ship regulation 17(2) · Status not determined · Strict liability
- Carriage of Dangerous Goods or Marine Pollutants in Bulk regulation 20(3) · Status not determined · Strict liability
- Documentation regulation 21(2) · Status not determined · Requires proof of a state of mind
- Documentation regulation 21(2)(b) · Status not determined · Requires proof of a state of mind
- Documentation regulation 21(6) · Status not determined · Strict liability
- Spaces for carriage of packaged goods and dangerous goods in solid form in bulk regulation 22(4) · Status not determined · Strict liability
- General duties of operators and employers regulation 6(3) · Status not determined · Strict liability
- General duties of employees aboard ship regulation 7(2) · Status not determined · Strict liability
- Misconduct endangering a United Kingdom ship or persons aboard regulation 8(2) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
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 1997