Statutory Instrument 1987 No. 549 1. The Merchant Shipping (IBC Code) Regulations 1987 ![]() © Crown Copyright 1987 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. 1. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Merchant Shipping (IBC Code) Regulations 1987, ISBN 0110765494. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. "TYPE=PICT;ALT=Counter" 1. ![]() STATUTORY INSTRUMENTS ![]() 1987 No. 549 MARINE POLLUTION MERCHANT SHIPPING SAFETY The Merchant Shipping (IBC Code) Regulations 1987 Made 26th March 1987 Laid before Parliament 1st April 1987 Coming into force 6th April 1987
The Secretary of State for Transport, in exercise of the powers conferred on him by article 3 of the Merchant Shipping (Prevention and Control of Pollution) Order 1987 Citation, commencement, revocation and interpretation (2) The Merchant Shipping (Chemical Tankers) Regulations 1986 (3) In these Regulations the following expressions have the following meanings:— "1974 SOLAS Convention" means the International Convention for the Safety of Life at Sea, 1974, as amended "BCH Code" means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1986 Edition) published by the International Maritime Organization; "Cargo Ship Safety Construction Certificate", "Cargo Ship Safety Equipment Certificate", "Cargo Ship Safety Radiotelegraphy Certificate" and "Cargo Ship Safety Radiotelephony Certificate" mean respectively the certificates so entitled issued in conformity with the 1974 SOLAS Convention and, in the case of a United Kingdom ship, under or pursuant to the Merchant Shipping Acts 1894 to 1986; "chemical tanker" means a self-propelled cargo ship constructed or adapted and used for the carriage in bulk of any liquid substance listed in Chapter 17 of the IBC Code; but does not include offshore support vessels or dry cargo ships with deep tanks; "constructed" in regulation 2 means, in relation to a ship, having its keel laid or being at a similar stage of construction; and "similar stage of construction" means the stage at which— (a) construction identifiable with a specific ship begins; and (b) assembly of that ship has commenced, comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is the less; "Control of Pollution by Noxious Liquid Substances Regulations" means the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987 "IBC Code" means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1986 Edition) published by the International Maritime Organization; "IGC Code" means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk set out in the Annex to Resolution MSC. 5(48) adopted by the Maritime Safety Committee of the International Maritime Organization on 17th June 1983; "in bulk" means directly and without intermediate form of containment in a tank forming an integral part of, or permanently located on, a ship; "International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk" means, in relation to a United Kingdom ship, a certificate issued pursuant to regulation 5 and, in relation to any other ship, a certificate issued in conformity with chapter 1 of the IBC Code by or on behalf of the government of the state in which the ship is registered; "MARPOL 1973/78" means the International Convention for the Prevention of Pollution from Ships, 1973, as amended "pollution hazard substance" means a substance listed in column "a" of the table in Chapter 17 of the IBC Code and having against it in column "d" thereof an entry "P" only;
(4) In interpreting the IBC Coda 1. (a) the provisions of the IBC Code having been made mandatory under regulation 3 the language thereof shall be construed accordingly; (b) the definitions set out in Chapter 1, paragraph 1.3 thereof, shall apply; (c) references to the Administration shall, in relation to United Kingdom ships, be references to the Secretary of State; and references to the Port Administration shall in relation to all ships in the United Kingdom be references to the Secretary of State; (d) each of the references to regulations of the 1974 SOLAS Convention listed in column 2 of the table in the Schedule hereto shall be construed as a reference to the corresponding provision contained in regulations made pursuant to the Merchant Shipping Acts 1894 to 1986 and listed opposite to it in column 3 of that table. Application (a) to chemical tankers constructed on or after 1st July 1986, (b) to ships converted to being chemical tankers on or after that date except oil tankers— (i) which were built before that date; and (ii) which are converted for the purpose of carrying pollution hazard substances only; and (iii) the conversion of which consists only of modifications necessary for compliance with Chapter VA of the BCH Code; and (c) (to the extent that the Secretary of State considers reasonable and practicable) to chemical tankers which were constructed before, but undergo repairs, alterations and modifications of a major character on or after, that date.
(a) one or more of the substances listed both in Chapter 17 of the IBC Code and in Chapter 19 of the ICC Code; and (b) one or more of the substances listed in Chapter 19 of the ICC Code but not in Chapter 17 of the IBC Code; then to the extent that the requirements of those two Codes are inconsistent the requirements of the ICC Code shall prevail. (3) These Regulations apply to all ships specified in paragraph (1) which are United Kingdom ships wherever they may be and to other such ships while they are within a port in the United Kingdom; provided that in the case of a ship registered in a state which is not a party to the 1974 SOLAS Convention or to MARPOL 1973/78 they shall not apply by reason of its being in a port in the United Kingdom if it would not have been there but for stress of weather or any circumstances which could not have been prevented by the owner, the master or the charterer (if any). Compliance with Code Survey requirements (a) an initial survey before the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk is issued for the first time, which shall include a complete examination of its structure, equipment, fittings, arrangements materials in so far as the ship is covered by the IBC Code; an initial survey shall be such as to ensure that the structure, equipment, fittings, arrangements and materials fully comply with the relevant provisions of the IBC Code; (b) a periodical survey at intervals not exceeding five years which shall be such as to ensure that the structure, equipment, fittings, arrangements and materials comply with the relevant provisions of the IBC Code; (c) a minimum of one intermediate survey during the period of validity of the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk; in cases where only one such intermediate survey is carried out in any one certificate validity period, it shall be carried out not before six months prior to, nor later than six months after, the half-way date of the certificate's period of validity; intermediate surveys shall be such as to ensure that the equipment and associated pumps and piping systems comply with the relevant provisions of the IBC Code and are in good working order and condition; a record of such surveys in the form appropriate to an intermediate survey included in the form entitled "Endorsement for Annual and Intermediate Surveys" set out in the appendix to the IBC Code shall be endorsed by the surveyor on the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk; (d) an annual survey within three months before or after the anniversary date of the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk which shall include a general examination to ensure that the structure, equipment, fittings, arrangements and materials remain in all respects satisfactory for the service for which the ship is intended; a record of such survey in the form appropriate to an annual survey included in the form entitled "Endorsement for Annual and Intermediate Surveys" set out in the appendix to the IBC Code shall be endorsed by the surveyor on the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk; (e) an additional survey, either general or partial according to the circumstances shall be made when it has been determined under regulation 6(3) to be necessary, or whenever any important repairs or renewals are made; such a survey shall ensure that the necessary repairs or renewals have been effectively made, that the materials and workmanship of such repairs or renewals are satisfactory, and that the ship is fit to proceed to sea without danger to the ship or persons on board; a record of such survey shall be endorsed by the surveyor on the International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk certifying that on completion of the survey the ship complied with the relevant provisions of the Code.
Issue of International Certificate of Fitness (2) A certificate shall cease to be valid— (a) if any survey required by regulation 4(1)(c) or (d) is not completed within the period specified for that survey; or (b) if any survey required by regulation 4(I)(e) is not completed within such reasonable time as the surveyor may specify; or (c) upon transfer of the ship to registry in another state.
(4) In the case of a ship which has transferred from registry in another state to registry in the United Kingdom the Secretary of State may, subject to such requirements as to survey or otherwise as he may think fit, if he is satisfied that, notwithstanding that the surveys were not carried out by a surveyor appointed by the Secretary of State as required by regulation 4(2)— (a) the ship has already been subjected to a satisfactory initial or periodical survey and to any intermediate, annual or additional surveys required; and (b) the ship was issued by or on behalf of the government of that other state with a certificate of fitness which would, but for the change of registry, have remained valid; and (c) the condition of the ship and its equipment has been maintained in conformity with the provisions of the IBC Code; and (d) since completion of the surveys referred to in sub-paragraph (a) no change has been made in the structure, equipment, fittings, arrangements and materials covered by those surveys without the sanction of the government of that other state or of the Secretary of State, except by direct replacement; issue to that ship an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk for a period to be determined by the Secretary of State, but expiring not later than the expiry date of the certificate referred to in sub-paragraph (b). (5) The International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk shall be kept on board the ship and shall be available for inspection at all reasonable times. Maintenance of conditions after survey (2) After any survey of the ship under regulation 4 has been completed, no change shall be made in the structure, equipment, fittings, arrangements and materials covered by the survey, without the sanction of the Secretary of State, except by direct replacement. (3) Whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety or integrity of the ship, the safety of the crew or the efficiency or completeness of the equipment required by Part IV of the Control of Pollution by Noxious Liquid Substances Regulations, the master or owner of the ship shall report at the earliest opportunity to the Secretary of State, who shall determine whether an additional survey is necessary. If the ship is in a port of another state the master or owner shall also report immediately to the appropriate authority of the government of the state in which the port is situated. Equivalents Exemptions Loading and carriage in bulk of listed chemicals (a) (i) there is in force in respect of that ship an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk covering the substance which the ship is loading or carrying; and (ii) the loading and carriage is in accordance with the terms of that certificate; or (b) (i) either the Secretary of State or the government of a state party to MARPOL 1973/78 has given written permission for its carriage; and (ii) any conditions subject to which that permission was given are complied with. Penalties (a) If there is a breach of regulation 3,5(5), 6 or 9 then the owner and master of the ship shall each be guilty of an offence punishable on Summary conviction by a fine not exceeding £1,000, or, on indictment, by a fine; (b) if there is a breach of regulation 4(2) of these Regulations then the owner of the ship shall commit an offence punishable on summary conviction by a fine not exceeding £1,000, or, on indictment, by a fine.
Power to detain
Michael Spicer Parliamentary Under Secretary of State, Department of Transport 26th March 1987 ![]()
Notes:
EXPLANATORY NOTE (This note is not part of the Regulations) 1. These Regulations require chemical tankers built on or after 1st July 1986 and carrying polluting or dangerous liquid substances in bulk, and ships undergoing major conversion on or after that date to being chemical tankers carrying such substances, to comply with the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk which was adopted by the Marine Environment Protection Committee ("the MEPC") of the International Maritime Organization (IMO) on 5th December 1985. The Code so adopted is an amended version of the Code of that name adopted by the Maritime Safety Committee of IMO on 17th June 1983 (the MSC version). The MSC version covered dangerous substances only. The amended version extends the Code to cover carriage of pollution hazard substances of Categories A, B and C as defined in the Code, and makes minor changes to the construction requirements of the Code. The Regulations give effect to regulation 13(2) of Annex II to the International Convention for the Prevention of Pollution from Ships, 1973, as set out in the amendments thereto adopted by the MEPC on 5th December 1985. Annex II comes into force internationally on 6th April 1987. They also replace the Merchant Shipping (Chemical Tankers) Regulations 1986 which made the MSC version of the Code compulsorily applicable under United Kingdom law, thus giving effect to Part B of Chapter VII of the International Convention for the Safety of Life at Sea, 1974, as amended in 1981 and 1983. To that extent these Regulations are consolidating regulations. Copies of the Code and of Annex II as adopted by the MEPC are obtainable from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR.
THE SCHEDULE 1. Regulation 1(4)(d) Table of Correponding Regulations Interpretation "Cargo Ship Regulations" means the Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1984 "Fire Protection Regulations" means the Merchant Shipping (Fire Protection) Regulations 1984
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