Citation and commencement

1. —(1) These Regulations may be cited as the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships)(Amendment) Regulations 2010.

(2) These Regulations come into force on 1st May 2010.

Amendment of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008

2. —(1)The Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008( 3 ) are amended as follows.

(2) In paragraph (1) of regulation 2 (interpretation), in the definition of “short international voyage”—

(a) omit paragraph (a), and

(b) for “600 nautical miles” in both places substitute “1,000 nautical miles”.

(3) In regulation 2(2)(c)(iv), for “sub-subparagraph” substitute “paragraph”.

(4) In paragraph (1) of regulation 6 (application), for “(16)” substitute “(17)”.

(5) For paragraph (4) of regulation 6, substitute—

“ (4) Regulation 16(1) and (2) also applies to a ship which—

(a) is not a United Kingdom ship,

(b) is engaged in international voyages,

(c) is of 400 GT or above, or certified to carry more than 15 persons, and

(d) is—

(i) in a port in the United Kingdom,

(ii) at an offshore terminal in United Kingdom waters or controlled waters, or

(iii) a floating platform in United Kingdom waters or controlled waters, other than a floating platform which is in transit;

and regulation 16(6) has effect in relation to the application of regulation 16(1) and (2) to such a ship.” ”

(6) For paragraph (1) of regulation 16 (procedure to be adopted when a ship is deficient), substitute—

“ (1) This regulation applies where a surveyor determines that—

(a) the condition of a ship or its equipment does not correspond substantially with the particulars of the Sewage Certificate (if any) issued in respect of the ship, or

(b) a ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment. ”

(7) For paragraph (6) of regulation 16, substitute—

“ (6) In the application of paragraphs (1) and (2) to a ship of the kind specified in regulation 6(4)—

(a) “the Certifying Authority” means the Government of the State where the ship is registered (or if the ship is not registered, the Government of the flag State), and

(b) “surveyor” includes a person authorised by that Government to survey the ship. ”

(8) In regulation 17 (arbitration)—

(a) at the beginning of paragraph (2), insert “Subject to paragraph (2A),”,

(b) after paragraph (2), insert—

“ (2A) In default of agreement between the applicant and the responsible person, the arbitrator is such person as may be appointed by the President or Vice President of the Chartered Institute of Arbitrators following a request made by—

(a) one party, after giving written notice to the other party, or

(b) the parties jointly;

but this paragraph does not apply in relation to Scotland. ” , and

(c) in paragraph (7)(b), for paragraphs (i) to (iii) substitute—

“ (i) a person who satisfies the judicial-appointment eligibility condition on a 7-year basis ( 4 ) ;

(ii) a person who is an advocate or solicitor in Scotland of at least 7 years’ standing; or

(iii) a person who is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing; ” .

(9) In paragraph (1) of regulation 31 (placards on ships), for “the regulation” substitute “this regulation”.

(10) In paragraph (3) of regulation 36 (inspection of ships)—

(a) at the end of the full out part, omit “is in”,

(b) at the beginning of sub-paragraph (a), insert “is in”, and

(c) for sub-paragraph (b), substitute—

“ (b) in any other case, is—

(i) in a port in the United Kingdom,

(ii) at an offshore terminal in United Kingdom waters or controlled waters,

(iii) a fixed platform in United Kingdom waters or controlled waters, or

(iv) a floating platform in United Kingdom waters or controlled waters, other than a floating platform which is in transit. ” .

(11) In paragraph (1) of regulation 38 (general provisions on detention), for “regulation 16(1) has effect” substitute “a determination is made of the kind mentioned in regulation 16(1)”.

(12) In paragraph (4) of regulation 38—

(a) at the end of the full out part, omit “is in”,

(b) at the beginning of sub-paragraph (a), insert “is in”, and

(c) for sub-paragraph (b), substitute—

“ (b) in any other case, is—

(i) in a port in the United Kingdom,

(ii) at an offshore terminal in United Kingdom waters or controlled waters,

(iii) a fixed platform in United Kingdom waters or controlled waters, or

(iv) a floating platform in United Kingdom waters or controlled waters, other than a floating platform which is in transit. ” .

(13) In paragraph (1) of regulation 42 (offences)—

(a) in sub-paragraph (a), after “10(2),” insert “15(5),”; and

(b) in sub-paragraphs (g) and (h), for “34(1), (2), (3),” substitute “34(3),”.

(14) In paragraph (a) of regulation 44 (enforcement and application of fines), for “or manager” substitute “, manager or officer in charge of the discharge operation or incineration”.

(15) At the beginning of paragraph (3)(a) of regulation 47 (defences), omit “that”.