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Schedule 1 (amendments of the 1995 Act relating to the inspection and detention of ships) shall have effect.
(1) After section 100B of the 1995 Act (which is inserted by section 1 of this Act) there is inserted—
(1) The powers conferred by this section shall be exercisable where a ship in United Kingdom waters—
(a) is not a qualifying foreign ship, or
(b) is such a ship but appears to the Secretary of State to be exercising neither of the following rights—
(i) the right of innocent passage, and
(ii) the right of transit passage through straits used for international navigation.
(2) Subject to subsection (3) below, the Secretary of State may, for any one or more of the purposes specified in subsection (4) below, give directions to any of the persons specified in subsection (5) below requiring—
(a) that the ship is to be moved, or is to be removed from a specified area or locality or from United Kingdom waters, or
(b) that the ship is not to be moved to a specified place or area within United Kingdom waters, or over a specified route within United Kingdom waters.
(3) The power of the Secretary of State under subsection (2)(a) above to require a ship to be removed from United Kingdom waters is not exercisable in relation to a United Kingdom ship.
(4) The purposes referred to in subsection (2) above are—
(a) the purpose of securing the safety of the ship or of other ships, of persons on the ship or other ships, or of any other persons or property, or of preventing or reducing any risk to such safety, and
(b) the purpose of preventing or reducing pollution in the United Kingdom, in United Kingdom waters or in a part of the sea specified by virtue of section 129(2)(b), or of preventing or reducing any risk of such pollution.
(5) The persons referred to in subsection (2) above are—
(a) the owner of the ship or any person in possession of the ship, or
(b) the master of the ship.
(6) If in the opinion of the Secretary of State the powers conferred by subsection (2) above are, or have proved to be, inadequate for any of the purposes specified in subsection (4) above, the Secretary of State may for that purpose take any such action as he has power to require to be taken by a direction under this section.
(7) The powers of the Secretary of State under subsection (6) above shall also be exercisable by such persons as may be authorised for the purpose by the Secretary of State.
(8) Every person concerned with compliance with directions given, or with action taken, under this section shall use his best endeavours to avoid any risk to human life.
(9) It is hereby declared that any action taken as respects a ship which is under arrest or as respects the cargo of such a ship, being action duly taken in pursuance of a direction given under this section, or being any action taken under subsection (6) or (7) above—
(a) does not constitute contempt of court; and
(b) does not in any circumstances make the Admiralty Marshal liable in any civil proceedings.
(10) In this section—
(a) unless a contrary intention appears, “specified” in relation to a direction under this section, means specified by the direction; and
(b) the reference in subsection (9) above to the Admiralty Marshal includes a reference to the Admiralty Marshal of the Supreme Court of Northern Ireland.
(1) If the person to whom a direction is duly given under section 100C contravenes, or fails to comply with, any requirement of the direction, he shall be guilty of an offence.
(2) If a person intentionally obstructs any person who is—
(a) acting on behalf of the Secretary of State in connection with the giving or service of a direction under section 100C;
(b) acting in compliance with a direction under that section; or
(c) acting under section 100C(6) or (7);
he shall be guilty of an offence.
(3) In proceedings for an offence under subsection (1) above, it shall be a defence for the accused to prove that he has used all due diligence to ensure compliance with the direction, or that he had reasonable cause for believing that compliance with the direction would have involved a serious risk to human life.
(4) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £50,000;
(b) on conviction on indictment, to a fine.
(1) If the Secretary of State is satisfied that a company or other body is not one to which section 695 or section 725 of the [1985 c. 6.] Companies Act 1985 (service of notices) applies so as to authorise the service of a direction on that body under either of those sections, he may give a direction under section 100C of this Act to that body, as the owner of, or the person in possession of, a ship, by serving the direction on the master of the ship.
(2) For the purpose of giving or serving a direction under section 100C to or on any person on a ship, a person acting on behalf of the Secretary of State shall have the right to go on board the ship.
(3) In the application of subsection (1) above to Northern Ireland, for references to sections 695 and 725 of the [1985 c. 6.] Companies Act 1985 there shall be substituted references to Articles 645 and 673 of the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986.”
After section 100E of the 1995 Act (which is inserted by section 10 of this Act) there is inserted—
(1) In this section and section 100G “trans-shipment licence” means a licence under section 4A of the [1967 c. 84.] Sea Fish Conservation Act 1967 (prohibition of trans-shipment of fish unless authorised by a licence).
(2) The Secretary of State may, for all or any of the purposes specified in subsection (3) below, by regulations prescribe requirements to be met by ships in respect of which trans-shipment licences are in force.
(3) Those purposes are—
(a) the purpose of securing the safety of ships in respect of which trans-shipment licences are in force and persons on them,
(b) the purpose of protecting the health of persons on such ships,
(c) the purpose of securing the safety of any other persons or property, and
(d) the purpose of preventing or reducing pollution.
(4) The matters with respect to which requirements may be prescribed under subsection (2) above include, in particular, the construction and equipment of ships, the manning of ships, and operational matters.
(5) Without prejudice to the generality of subsection (2) above, regulations under that subsection may apply in relation to a ship in respect of which a trans-shipment licence is in force any requirements contained in—
(a) safety regulations,
(b) regulations under section 128, or
(c) any international agreement,
whether or not those requirements would otherwise apply in relation to that ship.
(1) If it appears to the Secretary of State that any requirement of regulations under section 100F(2) or regulations under section 192A is being contravened in respect of a ship in respect of which a trans-shipment licence is in force, he may serve on the master a notice under subsection (2) below.
(2) A notice under this subsection must specify the contravention by reason of which it is given and must—
(a) prohibit the receiving by the ship of fish trans-shipped from another ship,
(b) prohibit the processing of fish on the ship, or
(c) prohibit both such receiving and such processing.
(3) The Secretary of State shall revoke a notice under subsection (2) above if he is satisfied that the contravention specified in it has been remedied.
(4) If a trans-shipment licence ceases to be in force in respect of a ship to which a notice under subsection (2) above relates, the notice is revoked by virtue of this subsection.
(5) If without reasonable excuse the master of a ship causes or permits any prohibition imposed by a notice under subsection (2) above to be contravened in respect of the ship, he shall be liable—
(a) on summary conviction, to a fine not exceeding £50,000;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
(6) The obligation imposed by regulations under section 100F(2) shall not be enforceable except in accordance with this section, but this subsection does not limit the powers conferred by section 258.”
In section 128 of the 1995 Act (prevention of pollution from ships etc.) after subsection (3) there is inserted—
“(3A) An order under subsection (1) above in pursuance of paragraph (d) of that subsection may include provision imposing on local authorities responsibilities in relation to the preparation, review and implementation of any plans required by the agreement mentioned in that paragraph.”
Schedule 2 (funding of maritime services) shall have effect.
(1) In Part VI of the 1995 Act (prevention of pollution), after Chapter IV there is inserted—
(1) In this Chapter, unless the context otherwise requires, “the Convention” means the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea 1996.
(2) The text of the Convention, excluding the annexes, is set out in Schedule 5A.
(3) In interpreting the definition of “hazardous and noxious substances” in Article 1, paragraph 5 of the Convention, any reference in that paragraph to a particular convention or code as amended shall be taken to be a reference to that convention or code as amended from time to time (whether before or after the commencement of this Chapter).
(1) Her Majesty may by Order in Council make such provision as She considers appropriate for the purpose of giving effect to—
(a) the Convention on or after its ratification by the United Kingdom; or
(b) any revision of the Convention which appears to Her Majesty in Council to have been agreed to by the Government of the United Kingdom.
(2) The power conferred by subsection (1) above to make provision for the purpose of giving effect to the Convention or an agreement revising the Convention includes power to provide for the provision to come into force even though the Convention or the agreement has not come into force.
(3) Without prejudice to the generality of subsection (1) above, an Order under that subsection may include provision—
(a) requiring contributions to be paid in accordance with the Convention to the International Hazardous and Noxious Substances Fund established under the Convention;
(b) for applying for the purpose mentioned in subsection (1) above any enactment or instrument relating to the pollution of the sea or other waters (including provisions creating offences) with such modifications, if any, as may be prescribed by the Order;
(c) making such modifications of any enactment or instrument (including, where the Order is made under paragraph (b) of that subsection, modifications of Schedule 5A and section 182C) as appear to Her Majesty to be appropriate for the purpose specified in that subsection;
(d) with respect to the application of the Order to the Crown;
(e) for detaining any ship in respect of which a contravention of a provision made by or under the Order is suspected to have occurred and, in relation to such a ship, for applying section 284 with such modifications, if any, as are prescribed by the Order;
(f) for a certificate issued by or on behalf of the Secretary of State and stating that at a particular time a particular substance was, or was not, a hazardous or noxious substance for the purposes of the Convention to be conclusive evidence of that matter.
(4) An Order under subsection (1) above may—
(a) make different provision for different circumstances;
(b) make provision for references in the Order to any specified document to operate as references to that document as revised or re-issued from time to time;
(c) provide for the delegation of functions exercisable by virtue of the Order;
(d) include such incidental, supplemental and transitional provisions as appear to Her Majesty to be expedient for the purposes of the Order; and
(e) authorise the making of regulations for the purposes of this section (except the purposes of subsection (3)(a), (b) and (c) above).
(5) A draft of an Order in Council proposed to be made by virtue of this section shall not be submitted to Her Majesty in Council unless it has been approved by a resolution of each House of Parliament.
(1) The Secretary of State may by order make such amendments of Schedule 5A and any Order in Council under section 182B(1) as appear to him to be appropriate for the purpose of giving effect to any amendment of a relevant limit which is adopted in accordance with article 48 of the Convention.
(2) In subsection (1) above, “a relevant limit” means any of the limits for the time being specified in article 9, paragraph 1 and article 14, paragraph 5 of the Convention.”
(2) After Schedule 5 to the 1995 Act there is inserted, as Schedule 5A to that Act, the provision set out in Schedule 3.
(1) In section 185 of the 1995 Act (limitation of liability for maritime claims), after subsection (2) there is inserted—
“(2A) Her Majesty may by Order in Council make such modifications of Parts I and II of Schedule 7 as She considers appropriate in consequence of the revision of the Convention by the Protocol of 1996 amending the Convention (in this section referred to as “the 1996 Protocol”).
(2B) If it appears to Her Majesty in Council that the Government of the United Kingdom has agreed to any further revision of the Convention or to any revision of article 8 of the 1996 Protocol, She may by Order in Council make such modifications of Parts I and II of Schedule 7 and subsections (2C) and (2D) below as She considers appropriate in consequence of the revision.
(2C) The Secretary of State may by order make such amendments of Parts I and II of Schedule 7 as appear to him to be appropriate for the purpose of giving effect to any amendment of a relevant limit which is adopted in accordance with article 8 of the 1996 Protocol.
(2D) In subsection (2C) above “a relevant limit” means any of the limits for the time being specified in either of the following provisions of the Convention—
(a) article 6, paragraph 1, and
(b) article 7, paragraph 1.
(2E) No modification made by virtue of subsection (2A), (2B) or (2C) above shall affect any rights or liabilities arising out of an occurrence which took place before the day on which the modification comes into force.”
(2) After subsection (4) of that section there is inserted—
“(5) A draft of an Order in Council proposed to be made by virtue of subsection (2A) or (2B) above shall not be submitted to Her Majesty in Council unless it has been approved by a resolution of each House of Parliament.”
In Part VII of the 1995 Act, after section 192 there is inserted—
(1) Subject to subsections (2) and (3) below, the Secretary of State may make regulations requiring that, in such cases as may be prescribed by the regulations, while a ship is in United Kingdom waters, there must be in force in respect of the ship—
(a) a contract of insurance insuring such person or persons as may be specified by the regulations against such liabilities as may be so specified and satisfying such other requirements as may be so specified, or
(b) such other security relating to those liabilities as satisfies requirements specified by or under the regulations.
(2) Regulations under this section shall not apply in relation to—
(a) a qualifying foreign ship while it is exercising—
(i) the right of innocent passage, or
(ii) the right of transit passage through straits used for international navigation,
(b) any warship, or
(c) any ship for the time being used by the government of any State for other than commercial purposes.
(3) Regulations under this section may not require insurance or security to be maintained in respect of a ship in relation to any liability in any case where an obligation to maintain insurance or security in respect of that ship in relation to that liability is imposed by section 163 or by or under an Order in Council under section 182B.
(4) Regulations under this section may require that, where a person is obliged to have in force in respect of a ship a contract of insurance or other security, such documentary evidence as may be specified by or under the regulations of the existence of the contract of insurance or other security must be carried in the ship and produced on demand, by such persons as may be specified in the regulations, to such persons as may be so specified.
(5) Regulations under this section may provide—
(a) that in such cases as are prescribed a ship which contravenes the regulations shall be liable to be detained and that section 284 shall have effect, with such modifications (if any) as are prescribed by the regulations, in relation to the ship,
(b) that a contravention of the regulations shall be an offence punishable on summary conviction by a fine of an amount not exceeding £50,000, or such less amount as is prescribed by the regulations, and on conviction on indictment by a fine, and
(c) that any such contravention shall be an offence punishable only on summary conviction by a fine of an amount not exceeding £50,000, or such less amount as is prescribed by the regulations.
(6) Regulations under this section may—
(a) make different provision for different cases,
(b) make provision in terms of any document which the Secretary of State or any person considers relevant from time to time, and
(c) include such incidental, supplemental and transitional provision as appears to the Secretary of State to be expedient for the purposes of the regulations.”
In section 56 of the 1995 Act (financial assistance for training), after subsection (3) there is inserted—
“(4) In providing assistance in accordance with this section the Secretary of State shall have regard to the maintenance and development of the United Kingdom’s merchant fleet and marine related business and for that purpose shall—
(a) keep under review all aspects of that fleet and business; and
(b) seek the advice of those who appear to him to have experience of that fleet or business.
(5) In this section, “marine related business” means any trade, business or other activity concerned with the manufacture of, or the provision of goods and services for, or the operation or use of, ships and includes maritime educational establishments, marine classification societies, marine equipment suppliers, marine surveyors, marine and naval architects, marine insurance companies, protection and indemnity clubs, providers of maritime financial or legal services, the operators of ports and harbours and shipbrokers.”
(1) In section 80 of the 1995 Act (discharge books), in subsection (1) for paragraph (a) there is substituted—
“(a) for the issue of discharge books—
(i) to persons who are or have been employed in United Kingdom ships; or
(ii) to persons who are or have been employed in other ships but are not aliens within the meaning of the [1981 c. 61.] British Nationality Act 1981;
(aa) for requiring the persons mentioned in paragraph (a) above to apply for discharge books;
(ab) for the form of discharge books and the particulars (if any) that they are to contain with respect to their holders;”.
(2) In the words after paragraph (d) of that subsection, for “paragraph (a)” there is substituted “paragraph (a), (aa) or (ab)”.
(1) In section 197 of the 1995 Act (powers of general lighthouse authority), in subsection (7), after “sell” there is inserted “or lease”.
(2) After that subsection there is inserted—
“(8) Where it appears to a general lighthouse authority that any asset of theirs which is held in connection with the discharge of their functions under section 195 has spare capacity, they may, with the consent of the Secretary of State, enter into an agreement for the purpose of exploiting that spare capacity.
(9) For the purposes of subsection (8) above an asset has spare capacity if—
(a) during any period there are times (or there is a time) when it is not needed in connection with the discharge of the general lighthouse authority’s functions under section 195;
(b) there is any period when it is not being used to its full capacity in connection with the discharge of those functions; or
(c) it has ceased to be used in connection with the discharge of those functions but it is not for the time being expedient to realise the asset.
(10) Any consent under subsection (8) above may be given—
(a) unconditionally or subject to conditions; and
(b) in relation to a particular case or in relation to such description of cases as may be specified in the consent.
(11) A general lighthouse authority shall send to the Secretary of State a copy of every agreement entered into by them by virtue of subsection (8) above.”
Before section 223 of the 1995 Act there is inserted—
(1) No obligation as to secrecy or other restriction on the disclosure of information (whether imposed by statute or otherwise) shall prevent a Minister of the Crown or a Northern Ireland department from disclosing—
(a) to a general lighthouse authority, or
(b) to a person appointed by a general lighthouse authority to collect general light dues,
information for the purpose of enabling or assisting the authority to discharge their functions under this Part.
(2) Information obtained by any person by virtue of subsection (1) above shall not be disclosed by him to any other person except where the disclosure is made—
(a) to a general lighthouse authority or a person appointed by such an authority to collect general light dues; or
(b) for the purposes of any legal proceedings arising out of this Part.”
(1) In section 233 of the 1995 Act (powers of receiver in case of vessel in distress), at the beginning of subsection (1) there is inserted “Subject to subsection (1A) below,”.
(2) After that subsection there is inserted—
“(1A) The receiver may not under subsection (1) above impose any requirement on the master or other person having the charge of a vessel owned or operated by the Royal National Lifeboat Institution.”
(1) Section 240 of the 1995 Act (immediate sale of wreck in certain cases) is amended as follows.
(2) After subsection (1) there is inserted—
“(1A) The receiver may also sell any wreck in his possession before the end of the year referred to in section 239(1) if—
(a) in his opinion it is unlikely that any owner will establish a claim to the wreck within that year; and
(b) no statement has been given to the receiver under section 242(1) in relation to the place where the wreck was found.”
(3) At the beginning of subsection (2) there is inserted “Subject to subsection (3) below”, and after that subsection there is inserted—
“(3) Where the receiver sells any wreck in a case falling within subsection (1A) above, he may make to the salvors an advance payment, of such amount as he thinks fit and subject to such conditions as he thinks fit, on account of any salvage that may become payable to them in accordance with section 243(5).”
In section 298 of the 1995 Act (duty of Registrar General to record and preserve documents transmitted to him), for subsection (4) there is substituted—
“(4) The Registrar General of Shipping and Seamen shall retain documents transmitted to him under subsection (3) above for such period as the Secretary of State may direct.”
(1) The Secretary of State may by order made by statutory instrument make such provision as he considers appropriate for the purpose of giving effect to any international agreement—
(a) to which the United Kingdom is, or at the time when the order takes effect will be, a party, and
(b) which relates to the protection of wrecks outside United Kingdom waters.
(2) Without prejudice to the generality of subsection (1), an order under this section may include—
(a) provision designating a wreck, or an area in which a wreck is situated, for the purposes of the order,
(b) provision prohibiting or restricting access to that wreck or area or interference with that wreck,
(c) provision for the granting of licences by the Secretary of State,
(d) provision authorising a person authorised by the Secretary of State in accordance with the order to board and search—
(i) any ship which is in United Kingdom waters, and
(ii) any United Kingdom ship which is in international waters,
(e) provision authorising such a person to seize anything found in the course of a search authorised under the order,
(f) provision that, subject to subsection (3), a contravention of a requirement imposed by the order shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine, and
(g) such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate for the purposes of the order.
(3) No person shall be guilty of an offence under an order under subsection (1) unless—
(a) the acts or omissions which constitute the offence are committed in the United Kingdom, in United Kingdom waters or on board a United Kingdom ship, or
(b) in a case where those acts or omissions are committed in international waters but not on board a United Kingdom ship, that person is—
(i) a British citizen, a British Dependent Territories citizen or a British Overseas citizen,
(ii) a person who under the [1981 c. 61.] British Nationality Act 1981 is a British subject,
(iii) a British National (Overseas) (within the meaning of that Act),
(iv) a British protected person (within the meaning of that Act), or
(v) a company within the meaning of the [1985 c. 6.] Companies Act 1985 or the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986.
Merchant Shipping and Maritime Security Act 1997