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Marine Safety Act 2003

2003 CHAPTER 16

An Act to make provision about the giving of directions in respect of ships for purposes relating to safety or pollution and about the taking of action to enforce, in connection with, or in lieu of, directions; to make provision about fire-fighting in connection with marine incidents; and for connected purposes.

[10th July 2003]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Safety directions

(1) The following shall be inserted in Part IV of the Merchant Shipping Act 1995 (c. 21) (safety) after section 108 (births and deaths)—

108A Safety directions

(1) Schedule 3A (safety directions) shall have effect.

(2) A provision made by or by virtue of this Act (including one which creates an offence) shall have no effect in so far as it—

(a) is inconsistent with the exercise by or on behalf of the Secretary of State of a power under Schedule 3A (safety directions),

(b) would interfere with a person’s compliance with a direction under that Schedule, or

(c) would interfere with action taken by virtue of that Schedule.

(2) Before Schedule 4 to that Act there shall be inserted new Schedule 3A set out in Schedule 1 to this Act.

2 Fire authorities: power to charge

(1) Section 3 of the Fire Services Act 1947 (c. 41) (fire authority: supplementary powers) shall be amended as follows.

(2) In subsection (1)(e) (purposes other than fire-fighting) after “suitable” insert “(whether in their area, in another authority’s area or at sea (whether or not within the territorial sea of the United Kingdom))”.

(3) After subsection (4) (charges) insert—

(4A) A fire authority in England or Wales may make a charge for a service which is rendered for fire-fighting purposes—

(a) under subsection (1)(dd) above, and

(b) outside the area of every fire authority in Great Britain.

(4) At the end of section 37 of the Fire Services Act 1947 (c. 41) (Isles of Scilly) there shall be added “; and for the purposes of section 3(4A) the Council is a fire authority in England.”

3 Amendments and repeals

(1) Schedule 2 (minor and consequential amendments) shall have effect.

(2) The enactments listed in Schedule 3 are hereby repealed to the extent specified.

4 Commencement

This Act shall come into force at the end of the period of two months beginning with the date on which it is passed.

5 Extent

(1) This Act extends to the whole of the United Kingdom.

(2) But section 2 extends to England and Wales only.

6 Short Title

This Act may be cited as the Marine Safety Act 2003.