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Statutory Instrument 2004 No. 930The Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) (Amendment) Regulations 2004(The document as of February, 2008) STATUTORY INSTRUMENTS2004 No. 930MERCHANT SHIPPINGSAFETYThe Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) (Amendment) Regulations 2004
The Secretary of State for Transport, after consulting the persons referred to in section 86(4) of the Merchant Shipping Act 1995[1] in exercise of the powers conferred upon him by:
(ii) article 2 of the Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996[3], and (iii) sections 85(l)(a) and (b), (3), (5) to (7) and 86(1) of that Act, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
(c) at the end of the definition of "BCH Code" there shall be inserted the words "as amended by Resolution MEPC.41(29) and Resolution MSC.18(58), Resolution MEPC.80(43) and Resolution MEPC.91(45)", (d) for the definition of "BCH Code Certificate" there shall be substituted the following:
(f) after the definition of "dangerous substance" there shall be inserted the following definition:
(ii) at the end of the definition there shall be inserted the words "as amended by Resolution MEPC.40(29), Resolution MSC.16(58,), Resolution MEPC.79(43) and Resolution MEPC.90(45),", (h) for the definition of "IBC Code Certificate" there shall be substituted the following:
(j) after the definition of "IOPP Certificate" there shall be inserted the following definition:
(b) which does not exceed 600 nautical miles in distance between the last port of call in the country in which the voyage begins and the last port of call in the scheduled voyage before beginning a return voyage, and which on the return voyage does not exceed 600 nautical miles in distance between the port of call in which the ship commences its return voyage and the first port of call in the country in which the voyage began, and for the purposes of this definition no account shall be taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled;", (2) In regulation 2(2) of the principal Regulations, for the words in sub-paragraph (g) onwards there shall be substituted the following:
shall include any amendments to those documents adopted by the IMO which are considered by the Secretary of State to be relevant from time to time and are specified in a Merchant Shipping Notice.". Amendment of principal Regulations: Transitional provisions
3A.Except in special circumstances as determined by the Maritime and Coastguard Agency, an appropriate Certificate issued or endorsed before 20th April 2004 by:
(b) the Administration of a State which is a Party to the MARPOL Convention or the Administration of a Contracting Government to the SOLAS Convention in accordance with regulation 11 (4), shall remain valid until it expires under the terms of these Regulations as in force before that date, and shall for any other purpose of these Regulations be treated as though it had been issued under these Regulations as amended.". Amendment of principal Regulations: Loading and carriage in bulk of dangerous or noxious liquid substances
8A. - (1) On and after 20th April 2004 every ship of 150 GT and above certified to carry noxious liquid substances in bulk shall carry on board a shipboard marine pollution emergency plan for noxious liquid substances. (2) The plan required by paragraph (1) above shall:
(b) be in accordance with IMO Guidelines for the Development of Shipboard Marine Pollution Emergency Plans, IMO Publication IMO-586-E 2001 Edition, (c) be written in a language or languages understood by the master and officers of the ship, (d) consist at least of:
(ii) the list of authorities or persons to be contacted in the event of a noxious liquid substance pollution incident, (iii) a detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of noxious liquid substances following the incident, and (iv) the procedures and point of contact on the ship for co-ordinating shipboard action with national and local authorities in combating the pollution. (3) In the case of ships to which regulation 26 of Annex I to the MARPOL Convention also applies, the plan required by paragraph (1) above may be combined with the shipboard oil pollution emergency plan required under regulation 26 of Annex I to the MARPOL Convention, and in this case the title of the plan shall be "Shipboard Marine Pollution Emergency Plan."". Amendment of principal Regulations: Survey and Certification
9. - (1) Except where paragraph (2) or (3) below applies, a United Kingdom ship carrying one or more noxious liquid substances in bulk shall be subject to the following surveys:
(b) within five years of the first issue of an NLS Certificate, and thereafter at intervals which, subject to the provisions of regulation 11A(3) and 11B(3) to (6), shall be no more than five years, a renewal survey as set out in regulation 10(l)(b) of Annex II, (c) within three months before or after the second or third anniversary date of an NLS Certificate being issued, an intermediate survey as set out in regulation 10(l)(c) of Annex II, (d) within three months before or after each anniversary date of the issue of the ship's NLS Certificate, other than when an intermediate survey is required to be carried out within that period, an annual survey as set out in regulation 10(l)(d) of Annex II, and (e) after a repair resulting from investigations prescribed in regulation 10(4), or whenever any important repairs or renewals are made, an additional survey as set out in regulation 10(l)(e) of Annex II. (2) A United Kingdom chemical tanker constructed in compliance with the requirements of the IBC Code shall be subject to the following surveys:
(b) within five years of the first issue of an IBC Code Certificate, and thereafter at intervals which, subject to regulation 11A(3) and 11B (3) to (6), shall be no more than five years, a renewal survey as set out in section 1.5.2 of the IBC Code, (c) within three months before or after the second or third anniversary date of an IBC Code Certificate being issued, an intermediate survey as set out in section 1.5.2 of the IBC Code, (d) within three months before or after each anniversary date of the issue of the ship's IBC Code Certificate, other than when an intermediate survey is required to be carried out within that period, an annual survey as set out in section 1.5.2 of the IBC Code, and (e) after a repair resulting from investigations prescribed in regulation 10(4), or whenever any important repairs or renewals are made, an additional survey as set out in section 1.5.2 of the IBC Code. (3) A United Kingdom chemical tanker constructed in compliance with the requirements of the BCH Code shall be subject to the following surveys:
(b) within five years of the first issue of a BCH Code Certificate, and thereafter at intervals which, subject to regulation 11A(3) and 11(B)(3) to (6), shall be no more than five years, a renewal survey as set out in section 1.6 .2 of the BCH Code, (c) within three months before or after the second or third anniversary date of a BCH Code Certificate being issued, an intermediate survey as set out in section 1.6.2 of the BCH Code, (d) within three months before or after each anniversary date of the issue of the ship's BCH Code Certificate, other than where an intermediate survey is required to be carried out within that period, an annual survey as set out in section 1.6.2 of the BCH Code, and (e) after a repair resulting from investigations prescribed in regulation 10(4), or whenever any important repairs or renewals are made, an additional survey as set out in section 1.6.2 of the BCH Code. Responsibilities of owner and master
(b) in the case of a non-United Kingdom ship, with the requirements of Annex II, the IBC Code or the BCH Code (as applicable), so as to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the safety of ships or persons on them, or an unreasonable threat of harm to the marine environment.
(b) if the ship is a United Kingdom ship in a port outside the United Kingdom it is also reported to the proper officer and to the appropriate authorities of the country in which the port is situated, and (c) if the ship is a non-United Kingdom ship in a port in the United Kingdom, it is reported at the earliest opportunity to the Secretary of State. (4) Whenever an accident or defect is reported:
(b) to the proper officer under paragraph (3)(b), the Secretary of State, Certifying Authority or proper officer shall cause investigations to be initiated to determine whether or not a survey by a surveyor is necessary, and if a survey is found to be necessary require that survey to be carried out.
(b) where regulation 9(2)(a) or (b) applies, an IBC Code Certificate, (c) where regulation 9(3)(a) or (b) applies, a BCH Code Certificate. (2) Where the appropriate Certifying Authority is satisfied after the completion of an intermediate or annual survey in accordance with the provisions of regulation 9(l)(c) or (d), (2)(c) or (d) or (3)(c) or (d) (as applicable) that the requirements of Annex II, the IBC Code or the BCH Code (as appropriate) are being complied with, that Authority shall so endorse the applicable Certificate.
(b) an IBC Code Certificate only if it is fully satisfied that the ship is in compliance with the requirements of section 1.5.3.1 and 1.5.3.2 of the IBC Code, and (c) a BCH Code Certificate only if it is fully satisfied that the ship is in compliance with the requirements of section 1.6.3.1 and 1.6.3.2 of the BCH Code. (4) The Secretary of State may, through a proper officer or otherwise, request the Administration of a State which is a Party to the MARPOL Convention or the Administration of a Contracting Government to the SOLAS Convention to carry out a survey of a United Kingdom ship and, if satisfied that the survey has been completed in accordance with the requirements of Annex II (in the case of an NLS Certificate), section 1.5 of the IBC Code (in the case of an IBC Code Certificate) and section 1.6. of the BCH Code (in the case of a BCH Code Certificate):
(b) to include in the Certificate a statement to the effect that it has been issued at the request of the Secretary of State, and (c) to transmit a copy of the survey report and the Certificate to the Secretary of State as soon as possible. (5) A Certificate issued or endorsed in accordance with paragraph (4) above shall have the same force and receive the same recognition as a Certificate issued or endorsed in accordance with paragraphs (1) to (3) above.
(b) in the case of an IBC Code Certificate, to the model given in the appendix to Resolution MSC.16(58), (c) in the case of a BCH Code Certificate, to the model given in the appendix to Resolution MSC.18.(58). Duration and validity of Certificates
(b) as being valid from the date of issue, and (c) for a period of validity not exceeding five years. (2) Where a renewal survey required under regulation 9(l)(b), 9(2)(b) or 9(3)(b) has been completed within a period of three months before the expiry of the existing Certificate, the new Certificate shall be issued for a period of validity not exceeding five years from the date of expiry of the existing Certificate.
(b) subsequent annual or intermediate surveys required under regulation 9(1 )(c) or (d), (2)(c) or (d) or (3)(c) or (d) shall be completed at the intervals prescribed by those regulations using the new anniversary date, and (c) the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by regulation 9 are not exceeded. (5) An NLS Certificate, IBC Code Certificate or BCH Code Certificate shall cease to be valid:
(b) if the relevant surveys have not been completed within the periods specified in regulation 9, and the Certificate endorsed in accordance with regulation 11, or (c) upon transfer of the ship to the flag of another State. Extension of validity of Certificates
(b) has been completed during the period for which the validity of the NLS Certificate, IBC Code Certificate or BCH Code Certificate (as appropriate) has been extended in accordance with paragraph (3) above, or (c) has been completed during the period for which the validity of the NLS Certificate, IBC Code Certificate or BCH Code Certificate (as appropriate) has been extended in accordance with paragraph (4) above, the new Certificate may be issued as being valid from the date of the completion of the renewal survey.". Power to detain
(b) the steps to be taken by an inspector under paragraph (2) involve detention of the ship, (c) an accident occurs to a non-United Kingdom ship, or a defect is discovered in a non-United Kingdom ship, either of which substantially affects the integrity of the ship or the efficiency or completeness of its equipment, and a full and proper report of that accident or defect has not been made to the appropriate authority for that ship, or (d) within a reasonable period of a report being made of an accident to or defect in a non-United Kingdom ship the Secretary of State is not satisfied that action taken as respects that ship is sufficient to restore the integrity of the ship or the efficiency or completeness of its equipment, the ship shall be liable to be detained and section 284(1) to (6) and (8) of the Merchant Shipping Act 1995[7] (which relates to the detention of a ship) shall have effect in relation to that ship, as if for the words "this Act" wherever they appear, there were substituted the words "the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996"."
(This note is not part of the Regulations) These Regulations implement amendments to:
(b) the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk ("the IBC Code"), and (c) the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk ("the BCH Code") which harmonise the survey and certification requirements of those agreements with the requirements of the International Convention for the Safety of Life at Sea 1974 (SOLAS). Notes: [1] 1995 c. 21. Sections 85 and 86 were amended by the Merchant Shipping and Maritime Security Act 1977 (c. 28), section 8.back [2] S.I. 1987/470, amended by S.I. 1990/2595. S.I. 1997/2569 and S.I. 1998/254.back [3] S.I. 1996/282.back [4] S.I. 1996/3010, amended by 1998/1153.back [5] Cmnd. 5748.back [6] Cmnd. 7347.back [7] Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), Schedule 1, paragraph 5.back ISBN 0 11 048999 3 -- Back --
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