(4) In subsection (3), “ United Kingdom ship” means a ship which—
(a) is registered in the United Kingdom; or
(b) is not registered under the law of any country but is wholly owned by persons each of whom is a person mentioned in paragraph (b)(i) to (v) of that subsection.
(5) Subject to subsection (3), any offence under an order under subsection (1) shall, for the purpose only of conferring jurisdiction on any court, be deemed to have been committed in any place where the offender may for the time being be.
(6) No proceedings for an offence under any order under subsection (1) shall be instituted—
(a) in England and Wales, except by or with the consent of the Director of Public Prosecutions;
(b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(7) A statutory instrument containing an order under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8) In this section—
“international waters” means any part of the sea outside the seaward limits of the territorial sea of any country or territory;
“ship” includes any description of vessel used in navigation;
“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom;
“wreck” means the wreck of any ship other than a ship which, at the time it sank or was stranded, was in service with, or used for the purposes of, any of the armed forces of the United Kingdom or any other country or territory.
Schedule 4 (amendments of Part III of the [1990 c. 31.] Aviation and Maritime Security Act 1990, which relates to the protection of ships and harbour areas against acts of violence) shall have effect.
(1) For the avoidance of doubt it is hereby declared that for the purposes of any proceedings before a court in the United Kingdom in respect of piracy, the provisions of the United Nations Convention on the Law of the Sea 1982 that are set out in Schedule 5 shall be treated as constituting part of the law of nations.
(2) For the purposes of those provisions the high seas shall (in accordance with paragraph 2 of Article 58 of that Convention) be taken to include all waters beyond the territorial sea of the United Kingdom or of any other state.
(3) The [1967 c. 52.] Tokyo Convention Act 1967 (so far as unrepealed) shall cease to have effect.
(4) Her Majesty may by Order in Council direct that subsections (1) to (3) and Schedule 5 shall extend to the Isle of Man, any of the Channel Islands or any colony with such modifications, if any, as appear to Her to be appropriate.
(5) In section 39 of the [1982 c. 36.] Aviation Security Act 1982 (extension of 1982 Act outside United Kingdom), for subsection (2) (application of power in 1967 Act to section 5 of 1982 Act) there is substituted—
“(2) Subsection (4) of section 26 of the Merchant Shipping and Maritime Security Act 1997 (power to extend provisions about piracy to Isle of Man, Channel Islands and colonies) shall apply to section 5 of this Act as it applies to the provisions mentioned in that subsection.”
(6) Nothing in this section affects the operation of any Order in Council made under section 8 of the [1967 c. 52.] Tokyo Convention Act 1967; but any such Order may be revoked as if made under subsection (4).
(1) In this section “the 1971 Fund” means the International Oil Pollution Compensation Fund established by the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage opened for signature in Brussels on 18th December 1971.
(2) The termination of the membership of Her Majesty’s Government in the United Kingdom of the 1971 Fund shall not affect the application to that Fund of section 1 of the [1968 c. 68.] International Organisations Act 1968.
(1) In this section “the Tribunal” means the International Tribunal for the Law of the Sea established in accordance with Annex VI of the United Nations Convention on the Law of the Sea.
(2) Except in so far as in any particular case any privilege or immunity is waived by the Tribunal, the members of the Tribunal shall enjoy, when engaged on the business of the Tribunal, the like privileges and immunities as, in accordance with the 1961 Convention Articles, are accorded to the head of a diplomatic mission.
(3) In subsection (2)—
“the 1961 Convention Articles” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the [1964 c. 81.] Diplomatic Privileges Act 1964;
“head of a diplomatic mission” shall be construed in accordance with those Articles.
(4) The members of the Tribunal and the registrar of the Tribunal shall have exemption from income tax in respect of emoluments received by them as members or as the registrar.
(5) Subsection (4) shall be taken to have come into force on 15th September 1996.
(6) If in any proceedings a question arises whether a person is or is not entitled to any privilege or immunity by virtue of this section, a certificate issued by or under the authority of the Secretary of State stating any fact relating to that question shall be conclusive evidence of that fact.
(7) Subsections (1) to (5) shall cease to have effect on the coming into force of the International Tribunal for the Law of the [S.I. 1996/272.] Sea (Immunities and Privileges) Order 1996 (which makes provision corresponding to subsections (1) to (4) but does not come into force until the United Nations Convention on the Law of the Sea enters into force in respect of the United Kingdom).
(1) Schedule 6 (minor and consequential amendments) shall have effect.
(2) Schedule 7 (repeals and revocations) shall have effect.
(1) This Act, except section 4, extends to Northern Ireland.
(2) The provisions capable of being—
(a) extended to the Isle of Man, any of the Channel Islands or any colony under section 315 of the 1995 Act, or
(b) applied in relation to any of those places under section 141 or under or by virtue of any other provision of the 1995 Act,
include the amendments of that Act made by this Act.
(3) The provisions capable of being extended to the Isle of Man, any of the Channel Islands or any colony under section 51 of the [1990 c. 31.] Aviation and Maritime Security Act 1990 include the amendments of that Act made by this Act.
(4) Her Majesty may by Order in Council direct that section 24 shall, with such exceptions, adaptations and modifications (if any) as may be specified in the Order, extend to the Isle of Man, any of the Channel Islands or any colony.
(1) This Act may be cited as the Merchant Shipping and Maritime Security Act 1997.
(2) In this Act “the 1995 Act” means the Merchant Shipping Act 1995.
(3) Subject to subsection (4), this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different purposes.
(4) Sections 5, 8, 11, 12, 13, 16, 24, 28 and 30, this section and Schedule 2 and paragraph 16 of Schedule 6 shall come into force on the day on which this Act is passed.