Statutory Instrument 1997 No. 2569

The Merchant Shipping (Prevention of Pollution) (Amendment) Order 1997

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© Crown Copyright 1997

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     " 5.  - (1) Subsection (3) of section 131 of the Merchant Shipping Act 1995[4] (which provides that a person guilty of an offence under that section shall be liable on summary conviction to a fine not exceeding £250,000 or on conviction on indictment to a fine) shall apply in respect of such contravention of the Regulations made under this Order as may be specified in those Regulations as it applies in respect of an offence under the said section 131.

    (2) Regulations made under this Order may apply the following sections of the Merchant Shipping Act 1995, that is to say - 


(a) section 143(6) (which provides for service of documents on foreign companies required or authorised by any statutory provision in connection with proceedings for an offence under section 131);

(b) section 144 (which provides harbour masters with a power to detain ships for offences under section 131); and

(c) section 146 (which provides for the enforcement and application of fines imposed for offences under Chapter II of Part VI),



or any of those provisions, subject to such modifications, if any, as may be specified in the Regulations, in respect of any contravention of those Regulations.".

Amendment of 1988 Order
     3.  - (1) The Merchant Shipping (Prevention of Pollution by Garbage) Order 1988[5] shall be amended as follows.

    (2) After article 2, there shall be added the following article:

     " 3.  - (1) Subsection (3) of section 131 of the Merchant Shipping Act 1995 (which provides that a person guilty of an offence under that section shall be liable on summary conviction to a fine not exceeding £250,000 or on conviction on indictment to a fine) shall apply in respect of such contravention of the Regulations made under this Order as may be specified in those Regulations as it applies in respect of an offence under the said section 131.

    (2) Regulations made under this Order may apply the following sections of the Merchant Shipping Act 1995, that is to say - 


(a) section 143(6) (which provides for service of documents on foreign companies required or authorised by any statutory provision in connection with proceedings for an offence under section 131);

(b) section 144 (which provides harbour masters with a power to detain ships for offences under section 131); and

(c) section 146 (which provides for the enforcement and application of fines imposed for offences under Chapter II of Part VI),



or any of those provisions, subject to such modifications, if any, as may be specified in the Regulations, in respect of any contravention of those Regulations.".

N. H. Nicholls
Clerk of the Privy Council

[2] Cmnd. 5748.back

[3] S.I. 1987/470, amended by S.I. 1987/664, S.I. 1990/2595 and S.I. 1992/2668.back

[4] Section 131(3) was amended by section 7 of the Merchant Shipping and Maritime Security Act 1997 (c.28).back

[5] S.I. 1988/2252, amended by S.I. 1993/1581.back