Title and introductory text
This Statutory Instrument has been made in part to correct an error in S.I. 2019/42 and is being issued free of charge to all known recipients of that Statutory Instrument.
2024 No. 1296
Merchant Shipping
Marine Pollution
The Merchant Shipping (Prevention of Oil Pollution) (Amendment) Regulations 2024
Made
9th December 2024
Laid before Parliament
12th December 2024
Coming into force
3rd January 2025
The Secretary of State makes these Regulations in exercise of the powers conferred by article 3 of the Merchant Shipping (Prevention of Oil Pollution) Order 1983, article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996, sections 85(1), (3), (5) to (7), 86(1)(a), (b), (c) and (d), 128(5) and (6), 302(1) and 306A of the Merchant Shipping Act 1995, and with the consent of the Treasury.
The Secretary of State has consulted such persons in the United Kingdom as the Secretary of State considers will be affected by the exercise of powers in this instrument in accordance with section 86(4) of the Merchant Shipping Act 1995.
Propose a change2 Amendment of the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019
(1) The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019 are amended as follows.
(2) In regulation 27(1) (control of discharge of oil in certain special areas), in sub-paragraph (a), for “38.6.1” substitute “38.8.1”.
(3) After regulation 28 (special requirements for the use or carriage of oils in the Antarctic Area), insert—
Special requirements for the use and carriage of oils as fuel in Arctic waters
28A. (1) This regulation does not apply to ships—
(a) engaged in securing the safety of other ships;
(b) engaged in a search and rescue operation; or
(c) dedicated to oil spill preparedness and response.
(2) Subject to paragraph (3), the use and carriage of the oils referred to in regulation 43.1.2 of Annex I (oils other than crude oils etc.) as fuel by ships is prohibited in Arctic waters.
(3) The prohibition in paragraph (2) only applies to ships specified in paragraph (4) on or after 1st July 2029.
(4) The ships referred to in paragraph (3) are those to which—
(a) regulation 12A of Annex I (ships with an aggregate oil fuel capacity of 600m³ or above delivered on or after 1st August 2010); and
(b) regulation 1.2.1 of Chapter 1 of part II-A of the Polar Code (category A and B ships constructed on or after 1st January 2017 with an aggregate oil fuel capacity of less than 600m³),
apply.
(5) Where, prior to entering Arctic waters, the operations of a ship to which this regulation applies included the use and carriage of oils referred to in regulation 43.1.2 of Annex I as fuel, the cleaning or flushing of tanks or pipelines is not required.
.
(4) In regulation 38 (general provisions on detention)—
(a) in paragraph (3), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;
(b) in paragraph (8)(a), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;
(c) in paragraph (9)(a), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;
(d) in paragraph (10), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;
(e) in paragraph (11)(b), for “27 or 28” substitute “27(3), 28(1) or 28A(2) or (3)”.
(5) In regulation 39 (power for harbour master to detain)—
(a) in paragraph (1), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;
(b) in paragraph (4)(a), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;
(c) in paragraph (6), for “27, 28,” substitute “27(3), 28(1), 28A(2) or (3),”;
(d) in paragraph (7)(b), for “27 or 28” substitute “27(3), 28(1) or 28A(2) or (3)”.
(6) In regulation 42(1) (offences), in sub-paragraph (b), for “28,” substitute “28(1), 28A(2) or (3),”.
(7) In regulation 44(b) (enforcement and application of fines), for “28” substitute “28A”.
(8) In regulation 45 (restriction on jurisdiction over offences outside United Kingdom limits), in paragraph (1), for “28” substitute “28A”.
(9) In regulation 46 (suspension of proceedings at flag State request)—
(a) in paragraph (1), for “28” substitute “28A”; and
(b) in paragraph (3)(a), for “28” substitute “28A”.
(10) In regulation 47 (defences), in paragraph (2), for “28” substitute “28A”.
Propose a change3 Amendment of the Merchant Shipping (Fees) Regulations 2018
(1) The Merchant Shipping (Fees) Regulations 2018 are amended as follows.
(2) In Schedule 1 (fees under the Merchant Shipping Act 1995), in the table in paragraph 5 (fees for inspections etc.) of Part 1 (surveys, inspections and applications for exemption), in Section J (prevention and control of pollution), in the entry for “the Merchant Shipping (Prevention of Oil Pollution) Regulations 2019”, in the third column, after “2024/636” insert “2024/1296”.
Propose a change