The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/68 |
(1) These Regulations may be cited as the Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018 and come into force on 12th March 2018.(2) The amendments listed in Part 1 of the Schedule have effect.(3) The Regulations listed in the first column of the Table in Part 2 of the Schedule are revoked to the extent specified in the third column of that table.an appropriate Certifying Authority; orthe Administration of a Contracting State,(2) A certificate referred to in paragraph (1) is to be treated as if it had been issued or endorsed under these Regulations.“appropriate Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State and includes in particular (if so authorised) Lloyd's Register of Shipping, Bureau Veritas, Det Norske Veritas, Germanischer Lloyd, the American Bureau of Shipping, Registro Italiano Navale and Nippon Kaiji Kyokat; andregulation 3(6) does not apply.(1) In these Regulations—
- “the 1995 Act” means the Merchant Shipping Act 1995;
- “Annex II” means Annex II to the Convention ;
- “anniversary date” means the day and month of each year which correspond to the date of expiry of a relevant NLS certificate;
- “annual survey period” means the period of six months beginning three months before each anniversary date;
- “approved” in relation to a Procedures and Arrangements Manual or Marine Pollution Emergency Plan means—
- (a) in the case of a United Kingdom NLS ship, approved by a Certifying Authority as respects that ship; and
- (b) in the case of any other NLS ship, approved by or on behalf of the government of the Contracting State in which the ship is registered;
- F39“BCH Code” has the same meaning as that given to “Bulk Chemical Code” in regulation 1 of Annex II;
- “Cargo Record Book” has the meaning given in regulation 29(1) ;
- “Certifying Authority”, except in regulation 2, means the Secretary of State or any person authorised by the Secretary of State in accordance with paragraph (6) ;
- “chemical tanker” means a cargo ship constructed or adapted for the carriage in bulk of any liquid substance listed in Chapter 17 of the IBC Code, but does not include an offshore support vessel or a gas carrier;
- “constructed” in relation to a ship has the meaning in paragraph 14 of regulation 1 of Annex II;
- “Contracting State” means a State which has consented to be bound by the Convention;
- “controlled waters” means the areas of sea specified by the Merchant Shipping (Prevention of Pollution) (Limits) Regulations 2014 as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of the United Nations Convention on the Law of the Sea for the protection and preservation of the marine environment;
- “the Convention” means the International Convention for the Prevention of Pollution from Ships, 1973 ;
- “discharge”, in relation to noxious liquid substances, means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying, but does not include the release of noxious liquid substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources, or the release of such substances for purposes of legitimate scientific research into pollution abatement or control;
- F41“flag State”, in relation to a ship, means the State whose flag the ship is entitled to fly;
- “gas carrier” means a cargo ship—
- (a) for which a certificate certifying compliance with the IGC Code (an International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk) is in force;
- (b) which is constructed or adapted for the carriage in bulk of any substance listed in Chapter 19 of the IGC Code and identified in that list by an asterisk; and
- (c) which is not intended for, or engaged in, the carriage of any other noxious liquid substance in bulk;
- “gross tonnage” means gross tonnage as determined in accordance with regulation 6 of the Merchant Shipping (Tonnage) Regulations 1997 ;
- “harbour master” includes a dock master, pier master and any person specifically appointed by a harbour authority (within the meaning of section 151(1) of the 1995 Act) for the purpose of enforcing the provisions of these Regulations;
- F43“IBC Code” has the same meaning as that given to “International Bulk Chemical Code” in regulation 1 of Annex II;
- F44“IGC Code” has the same meaning as that given to “International Gas Carrier Code” in regulation 11.1 of Chapter VII in the Annex to the International Convention for the Safety of Life at Sea, 1974;
- “IMO” means the International Maritime Organization;
- “in bulk” means directly and without any intermediate form of containment in a tank forming an integral part of, or permanently located in, or on, a ship;
- “intermediate survey period” means a period of six months beginning three months before the second or third anniversary date;
- “Marine Pollution Emergency Plan” has the meaning given in regulation 30;
- “Merchant Shipping Notice” means a Notice described as such, issued by the Maritime and Coastguard Agency (an executive agency of the Department for Transport) , and includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
- “nautical mile” means an international nautical mile of 1,852 metres;
- “NLS ship” means a ship intended for, or engaged in, the carriage of noxious liquid substances in bulk;
- “noxious liquid substance” means—
- (a) any substance which has been categorised in accordance with the provisions of regulation 6 of Annex II and which is indicated in the Pollution Category column of chapter 17 or 18 of the IBC Code as falling within category X, Y or Z;
- (b) any mixture containing a substance referred to in sub-paragraph (a) ;
- (c) any substance which has been provisionally...
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