The Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998

UK Statutory Instrument 1998 No. 1056 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 16 April 1998
In force from: 15 May 1998
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 implement, in part, the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990. They require harbour authorities and operators of oil handling facilities and of offshore installations, where there is present a risk of an oil pollution incident, to have oil pollution emergency plans, which have to be approved by the Maritime and Coastguard Agency (“MCA”) of the Department of the Environment, Transport and the Regions as conforming to the National Contingency Plan (regulation 4(1) and (6)). The MCA may after consulting harbour authorities or operators of oil facilities direct that a plan be altered (regulation 4(6)). It is the duty of harbour authorities and such operators to implement the approved plan in the event of an oil pollution incident (regulation 4(8)). The Secretary of State (for Trade and Industry) has equivalent powers in relation to offshore installations and pipelines (regulation 4(7)). The Regulations also contain provisions requiring masters of United Kingdom ships, and individuals having charge of harbours, oil handling facilities and offshore installations to report certain events involving the discharge of oil (regulations 5 and (6)). There are powers of inspection for the Secretary of State in relation to offshore installations and pipelines (regulation 8). A cost compliance assessment has been prepared, and may be obtained from the Marine Pollution Control Unit of the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has been placed in the library of each House of Parliament. Copies of the Convention and Assembly Resolutions can be obtained from the International Maritime Organisation, 4 Albert Embankment, London SE1 7SR. Copies of the National Contingency Plan can be obtained from the Marine Pollution Control Unit of the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG.

Offences created by this instrument

Any harbour authority or any operator of an offshore installation or of an oil handling facility who without… regulation 7(1) · Status not determined · Strict liability
Any person required to make a report under regulation 5 or 6, as the case may be who, without reasonable cause, fails… regulation 7(2) · 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.

Oil Transfers (Firth of Forth) Commons · Westminster Hall · 18 October 2005 · The Parliamentary Under-Secretary of State for Transport (Derek Twigg)
I congratulate my hon. Friend the Member for East Lothian (Anne Moffat) on securing this debate. I listened carefully to what she and other hon. Friends said about the issue and the concerns that they expressed. Members of Parliament will be meeting the Minister of State, Department for Transport, my hon. Friend the Member for South Thanet (Dr. Ladyman), this afternoon. I heard what my hon. Friend the Member for East Lothian said a few moments ago about meeting a delegation of residents and other organisations from the area. We will give that consideration and write to her as soon as…
Ship to Ship Transfers (Firth of Forth) Commons · Written Statements · 21 November 2005 · The Secretary of State for Transport (Alistair Darling)
Forth Ports plc has submitted a revised and amplified oil spill contingency plan to the Maritime and Coastguard Agency (MCA). The revision and amplification of the plan has been prompted by proposals that ship-to-ship transfer of oil carried as cargo should take place within Forth Ports' harbour authority area. Ship-to-ship transfer is a lawful activity. Ship-to-ship transfers within harbour authority areas already take place in the UK at Scapa Flow, Sullom Voe Oil Terminal and Nigg Oil Terminal, in some cases for as long as twenty-five years. The MCA's role is limited to approving harbour…
Environmental Protection (Transfers at Sea) Bill Commons · Commons Chamber · 25 January 2008 · Jim Fitzpatrick
Obviously, any regulations that affect different Departments have to be subject to consultation and joint clearance. I can assure the hon. Gentleman that we are almost ready to bring forward the regulations for consultation. We have cleared the hurdles up to the last point, and we do not expect any delays as a result of representations from other Departments. We shall proceed as I have outlined, and I hope that that offers him the reassurance he seeks. Although there have been many delays in the further development of the regulations, they are now very near completion and I expect a revised…
Environmental Protection (Transfers at Sea) Bill Commons · Commons Chamber · 25 January 2008 · Jim Fitzpatrick
I am afraid that I am not able to do that at this point in time, but later in my speech those statistics may very well emerge. The Bill seeks, first, to place an obligation on the Secretary of State for Transport to introduce regulations to control ship-to-ship transfers by the end of 2008. Secondly, it seeks to impose on the Secretary of State certain obligations, although it calls them “principles”, to be given effect when regulating ship-to-ship transfers. As my hon. Friend the Member for Edinburgh, North and Leith said, those are: to prohibit ship-to-ship transfer operations in United…

How Parliament handled it

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