
1 
—This Order may be cited as the Merchant Shipping (Prevention and Control of Pollution) (Bermuda) Order 1992 and shall come into force on 1st December 1992.
2 
—The provisions of Article 3 of the Merchant Shipping (Prevention and Control of Pollution) Order 1987 as modified in Schedule 1 hereto, shall extend to Bermuda.
3 
—The provisions of Article 3 of the Merchant Shipping (Prevention and Control of Pollution) Order 1990 as modified in Schedule 2 hereto, shall extend to Bermuda.
4 
—The provisions of Article 2 of the Merchant Shipping (Prevention of Pollution by Garbage) Order 1988 as modified in Schedule 3 hereto, shall extend to Bermuda.
G. I. de Deney
Clerk of the Privy Council

SCHEDULE 1
Article 2
3 

(1) The Governor may make regulations–
(a) for the prevention of pollution by noxious liquid substances for the purposes of giving effect to the said Annex II to the Convention as amended; and
(b) for requiring the reporting of incidents involving pollution or the threat of pollution for the purpose of giving effect to the said Protocol I to the Convention as amended.
(2) Such regulations may in particular include provisions–
(a) with respect to the approval of documents and the carrying out of surveys and inspections, and for the issue, duration and recognition of certificates and the payment of fees in connection with such a survey, inspection or certificate;
(b) with respect to the application of the regulations to the Crown and the extra-territorial operation of the regulations;
(c) that specified contraventions of the regulations shall be offences punishable on summary conviction by a fine not exceeding $100,000 and on conviction on indictment by imprisonment for a term not exceeding two years and a fine;
(d) for detaining any ship in respect of which such a contravention is suspected to have occurred and, in relation to such a ship, for applying section 692 of the Merchant Shipping Act 1894 (which relates to the detention of a ship) with such modifications, if any, as are prescribed by the regulations.
(3) Such regulations may–
(a) provide that the regulations for the time being in force under Article 3(1) of the Merchant Shipping (Prevention and Control of Pollution) Order 1987 as it applies in the United Kingdom shall, subject to such modifications (if any) as may be specified by the Governor, be deemed to be regulations made by the Governor under this Article;
(b) makes different provisions for different circumstances;
(c) provide for exemptions from any provisions of the regulations;
(d) provide for the delegation of functions exercisable by virtue of the regulations;
(e) include such incidental, supplemental and transitional provisions as appear to the Governor to be expedient for the purposes of the regulations.
SCHEDULE 2
Article 3
3 

(1) The Governor may make regulations for the prevention of pollution by harmful substances carried by sea in packaged form for the purpose of giving effect to the said Annex III to the Convention.
(2) Such regulations may in particular include provisions–
(a) with respect to the approval of documents and the carrying out of surveys and inspections, and for the issue, duration and recognition of certificates and the payment of fees in connection with such a survey, inspection or certificate;
(b) with respect to the application of the regulations to the Crown and the extra-territorial operation of the regulations;
(c) that specified contraventions of the regulations shall be offences punishable on summary conviction by a fine not exceeding $100,000 and on conviction on indictment by imprisonment for a term not exceeding two years and a fine;
(d) for detaining any ship in respect of which such a contravention is suspected to have occurred and, in relation to such a ship, for applying section 692 of the Merchant Shipping Act 1894 (which relates to the detention of a ship) with such modifications, if any, as such are prescribed by the regulations.
(3) Such regulations may–
(a) provide that the regulations for the time being in force under Article 3(1) of the Merchant Shipping (Prevention and Control of Pollution) Order 1990 as it applies in the United Kingdom shall, subject to such modifications (if any) as may be specified by the Governor, be deemed to be regulations made by the Governor under this Article;
(b) make different provisions for different circumstances;
(c) provide for exemptions from any provisions of the regulations;
(d) provide for the delegation of functions exercisable by virtue of the regulations;
(e) include such incidental, supplemental and transitional provisions as appear to the Governor to be expedient for the purposes of the regulations.
SCHEDULE 3
Article 4
2 

(1) The Governor may make regulations for the prevention of pollution by garbage from ships for the purpose of giving effect to the said Annex V to the Convention as amended.
(2) The regulations may in particular include provisions–
(a) with respect to the application of the regulations to the Crown and the extra-territorial operation of the regulations;
(b) that specified contraventions of the regulations shall be offences punishable on summary conviction by a fine not exceeding $100,000 and on conviction on indictment by imprisonment for a term not exceeding two years and a fine;
(3) Such regulations may–
(a) provide that the regulations for the time being in force under Article 2(1) of the Merchant Shipping (Prevention of Pollution by Garbage) Order 1988 as it applies in the United Kingdom shall, subject to such modifications (if any) as may be specified by the Governor, be deemed to be regulations made by the Governor under this Article;
(b) make different provisions for different circumstances;
(c) provide for exemptions from any provisions of the regulations.