The Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990

means the 1989 edition of IMO Code of Safe Practice for Solid Bulk Cargoes;

means a description of the goods sufficient to identify their dangerous characteristics, including any proper shipping name described in the IMDG Code;

means goods classified in the IMDG Code or in any other IMO publication referred to in these Regulations as dangerous for carriage by sea, and any other substance or goods the properties of which might be dangerous if that substance or those goods were carried by sea, and includes empty receptacles, residues in empty tanks or cargo holds which have been used previously for the carriage of dangerous goods unless such receptacles, empty tanks or cargo holds have been cleaned and dried, purged, gas freed or ventilated as appropriate or in the case of radioactive materials have been both cleaned and adequately closed;

means a certificate or declaration in writing, signed by the person making it that the shipment offered for carriage is properly classified, packaged, marked, labelled or placarded, as appropriate, in accordance with the IMDG Code and is in a proper condition for carriage by sea;

means that the label or other marking in accordance with the provisions of these Regulations is such as to remain identifiable on the packages surviving at least three months immersion in the sea and “durable” shall be construed accordingly;

means a person (including the master but excluding dock workers or shore-based repair or other workers temporarily employed on board the ship) employed: (a) in the deck, engine, radio, medical or catering department of a ship, or (ii) in the provision of goods, services or entertainment on board;

means a liquid the flash point of which is at or below 60 degrees Celsius (closed cup) in respect of bulk cargoes and at or below 61 degrees Celsius (closed cup) in respect of packaged goods;

means the person by whom dangerous goods or marine pollutants are delivered to the ship or its agent;

means the 1983 edition of IMO Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;

means the 1976 edition of IMO Code for Existing Ships Carrying Liquefied Gases in Bulk, including the first set of amendments (adopted by the Maritime Safety Committee of IMO in April 1978), the second set of amendments (adopted by the Maritime Safety Committee of IMO in May 1979), the third set of amendments (adopted by the Maritime Safety Committee of IMO in May 1980) and the fourth set of amendments (adopted by the Maritime Safety Committee of IMO in November 1984);

includes the operations of loading, unloading and transferring dangerous goods and cleaning, purging, gasfreeing, ullaging, sounding, sampling and similar operations required for the carriage of such goods in a ship;

means the International Maritime Organization;

means directly and without intermediate form of containment in a hold, tank or cargo space, which is a structural part of or permanently attached to a ship;

means a substance which presents a hazard to the marine environment and is identified in the IMDG Code as a marine pollutant;

means a certificate or declaration in writing, signed by the person making it, that the shipment offered for carriage is properly classified, packaged and marked in accordance with the IMDG Code and is in a proper condition for carriage to minimise the hazard to the marine environment;

means a Notice described as such, issued by the Department of Transport and any reference to a particular Merchant Shipping Notice includes a reference to any Merchant Shipping Notice amending or replacing it which specifies the date on which such subsequent Notice takes effect and which the Secretary of State considers relevant from time to time;

means an individual package or receptacle described in the IMDG Code and includes a freight container or a portable tank or tank container or tank vehicle or other vehicle or other cargo transport unit containing dangerous goods or marine pollutants for shipment, and “packaged” shall be construed accordingly;

means packaged dangerous goods or packaged marine pollutants;

includes: (a) where the ship is chartered by demise, the demise charterer (ii) where the ship is managed by a ship management company, the manager;

means a person who, whether as principal or agent for another, consigns for carriage by sea dangerous goods or marine pollutants;

has the same meaning as in section 21(2) of the Merchant Shipping Act 1979.