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:—
Extension of powers to deal with emergencies at sea
In the Merchant Shipping Act 1995 (in this Act referred to as “the 1995 Act”), after section 100 there is inserted—
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Pollution control and marine safety
In Part VI of the 1995 Act (prevention of pollution), after Chapter I there is inserted—
In section 293 of the 1995 Act (functions of Secretary of State in relation to marine pollution), after subsection (4) there is inserted—
In section 131(3)(a) of the 1995 Act (fine on summary conviction of offence of discharging oil into certain United Kingdom waters), for “£50,000” there is substituted“ £250,000 ”.
Subsection (1) applies in relation to fines imposed in respect of offences committed after the commencement of this section.
In section 144(4)(c)(i) and (ii) of the 1995 Act (security for release of ship in case where offence under section 131 suspected) for “£55,000”, in both places where it occurs, there is substituted “ £255,000 ”.
Subsection (3) applies in relation to ships detained after the commencement of this section.
Nothing in this section affects any Order in Council or instrument which is in force immediately before the commencement of this section and which—
applies section 131(3) of the 1995 Act; or
makes provision corresponding to that made in connection with offences under section 131 by section 144(4) of the 1995 Act.
Subsection (7) applies where immediately before the commencement of this section there is in force any Order in Council made under section 128(1) of the 1995 Act that confers power by any instrument made under the Order—
to apply section 131(3) of the 1995 Act; or
to make provision corresponding to that made in connection with offences under section 131 by section 144(4) of the 1995 Act.
The power conferred by the Order in Council shall be construed as a power to apply section 131(3) as amended by subsection (1) or (as the case may be) to make provision corresponding to that made by section 144(4) as amended by subsection (3).
Section 85 of the 1995 Act (safety and health on ships) is amended as mentioned in subsections (2) to (5).
In subsection (1), for paragraphs (b) and (c) and the words following paragraph (c) there is substituted—
After subsection (1) there is inserted—
In subsection (3)—
the words from “and regulations” to “ relates to safety ” are omitted; and
for “paragraph (a), (b) or (c)” there is substituted “ paragraph (a) or (b) ”.
In subsection (4) for “subsection (1)(a)” there is substituted “ subsection (1) ”.
Section 86(5) and (6) of the 1995 Act (under which certain safety regulations are subject to affirmative resolution procedure) shall cease to have effect.
Schedule 1 (amendments of the 1995 Act relating to the inspection and detention of ships) shall have effect.
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After section 100E of the 1995 Act (which is inserted by section 10 of this Act) there is inserted—
In section 128 of the 1995 Act (prevention of pollution from ships etc.) after subsection (3) there is inserted—
Funding of maritime services
Schedule 2 (funding of maritime services) shall have effect.
Liability and compensation
In Part VI of the 1995 Act (prevention of pollution), after Chapter IV there is inserted—
In section 185 of the 1995 Act (limitation of liability for maritime claims), after subsection (2) there is inserted—
After subsection (4) of that section there is inserted—
In Part VII of the 1995 Act, after section 192 there is inserted—
Miscellaneous amendments of Merchant Shipping Act 1995
In section 56 of the 1995 Act (financial assistance for training), after subsection (3) there is inserted—
In section 80 of the 1995 Act (discharge books), in subsection (1) for paragraph (a) there is substituted—.
In the words after paragraph (d) of that subsection, for “paragraph (a)” there is substituted “ paragraph (a), (aa) or (ab) ”.
In section 197 of the 1995 Act (powers of general lighthouse authority), in subsection (7), after “sell” there is inserted “ or lease ”.
After that subsection there is inserted—
Before section 223 of the 1995 Act there is inserted—
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,”.
After that subsection there is inserted—
Section 240 of the 1995 Act (immediate sale of wreck in certain cases) is amended as follows.
After subsection (1) there is inserted—
At the beginning of subsection (2) there is inserted “ Subject to subsection (3) below ”, and after that subsection there is inserted—
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—
Protection of wrecks
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—
to which the United Kingdom is, or at the time when the order takes effect will be, a party, and
which relates to the protection of wrecks outside United Kingdom waters.
Without prejudice to the generality of subsection (1), an order under this section may include—
provision designating a wreck, or an area in which a wreck is situated, for the purposes of the order,
provision prohibiting or restricting access to that wreck or area or interference with that wreck,
provision for the granting of licences by the Secretary of State,
provision authorising a person authorised by the Secretary of State in accordance with the order to board and search—
any ship which is in United Kingdom waters, and
any United Kingdom ship which is in international waters,
provision authorising such a person to seize anything found in the course of a search authorised under the order,
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
such incidental, supplementary and transitional provision as appears to the Secretary of State to be appropriate for the purposes of the order.
No person shall be guilty of an offence under an order under subsection (1) unless—
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
in a case where those acts or omissions are committed in international waters but not on board a United Kingdom ship, that person is—
a British citizen, a British Dependent Territories citizen or a British Overseas citizen,
a person who under the British Nationality Act 1981 is a British subject,
a British National (Overseas) (within the meaning of that Act),
a British protected person (within the meaning of that Act), or
a company registered under the Companies Act 2006.
In subsection (3), “United Kingdom ship” means a ship which—
is registered in the United Kingdom; or
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.
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.
No proceedings for an offence under any order under subsection (1) shall be instituted—
in England and Wales, except by or with the consent of the Director of Public Prosecutions;
in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
A statutory instrument containing an order under subsection (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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.
Maritime security, etc.
Schedule 4 (amendments of Part III of the Aviation and Maritime Security Act 1990, which relates to the protection of ships and harbour areas against acts of violence) shall have effect.
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.
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.
The Tokyo Convention Act 1967 (so far as unrepealed) shall cease to have effect.
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.
In section 39 of the 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—
Nothing in this section affects the operation of any Order in Council made under section 8 of the Tokyo Convention Act 1967; but any such Order may be revoked as if made under subsection (4).
International bodies concerned with maritime matters
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.
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 International Organisations Act 1968.
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.
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.
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 Diplomatic Privileges Act 1964;“head of a diplomatic mission” shall be construed in accordance with those Articles.
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.
Subsection (4) shall be taken to have come into force on 15th September 1996.
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.
Subsections (1) to (5) shall cease to have effect on the coming into force of the International Tribunal for the Law of the 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).
Supplementary
Schedule 6 (minor and consequential amendments) shall have effect.
Schedule 7 (repeals and revocations) shall have effect.
This Act, except section 4, extends to Northern Ireland.
The provisions capable of being—include the amendments of that Act made by this Act.
extended to the Isle of Man, any of the Channel Islands or any colony under section 315 of the 1995 Act, or
applied in relation to any of those places under section 141 or under or by virtue of any other provision of the 1995 Act,
The provisions capable of being extended to the Isle of Man, any of the Channel Islands or any colony under section 51 of the Aviation and Maritime Security Act 1990 include the amendments of that Act made by this Act.
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.
This Act may be cited as the Merchant Shipping and Maritime Security Act 1997.
In this Act “the 1995 Act” means the Merchant Shipping Act 1995.
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.
Amendments of Merchant Shipping Act 1995 relating to inspection and detention of ships
Meaning of “dangerously unsafe ship”
Section 94 of the 1995 Act (meaning of “dangerously unsafe ship”) is amended as follows.
In subsection (1), after “ship”, where first occurring, there is inserted “ in port ”.
After subsection (1) there is inserted—
Power to detain dangerously unsafe ship
Section 95 of the 1995 Act (power to detain dangerously unsafe ship) is amended as follows.
For subsection (1) there is substituted—
At the beginning of subsection (2) there is inserted “ Subject to subsection (2A) below ”, and after that subsection there is inserted—
In subsection (3)(c), for “prohibit the ship from going to sea” there is substituted “ require the ship to comply with the terms of the notice ”.
Fishing vessel without appropriate certificate
In section 125 of the 1995 Act (prohibition on fishing vessel going to sea without appropriate certificate), in subsection (3) (which confers a power of detention), for “the fishing vessel may be detained” there is substituted “ the fishing vessel, if in United Kingdom waters, may be detained ”.
Power to inspect ships and their equipment
Section 258 of the 1995 Act (powers to inspect ships and their equipment, etc.) is amended as follows.
In subsection (1)—
for the words from the beginning to “Chapter) or” there is substituted “ For the purposes of seeing that the provisions of this Act other than sections 131 to 141 and sections 143 to 151 and the provisions of regulations and rules made under this Act (other than those sections) are complied with or ”,
after “go on board a ship” there is inserted “ in the United Kingdom or in United Kingdom waters ”, and
the words “other than Chapter II of Part VI” and “(other than that Chapter)”, in the second place where they occur, are omitted.
After subsection (1) there is inserted—.
In subsection (2), for “the United Kingdom” there is substituted “ United Kingdom waters ”.
Enforcing detention of ships
Section 284 of the 1995 Act (enforcing detention of ship) is amended as follows.
In subsection (1), for paragraph (b) there is substituted—.
After subsection (1) there is inserted—
For subsection (2) there is substituted—
In subsection (3), after “subsection (2)” there is inserted “ or (2A) ”.
In subsection (4)—
after “subsection (2) above” there is inserted “ or failing to comply with a direction given under subsection (1A)(a) above ”,
for “takes to sea” there is substituted “ carries away without his consent ”, and
in paragraph (i), for “taken to sea” there is substituted “ carried away ”.
Any reference to section 284 of the 1995 Act, or to provisions of that section—shall have effect as a reference to section 284, or those provisions, as amended by this paragraph.
in any safety regulations within the meaning of the 1995 Act made before commencement,
in any Order in Council having effect under section 128 or 129 of the 1995 Act and made before commencement, or
in any regulations having effect under such an Order and made before commencement,
In sub-paragraph (7) above “commencement” means the commencement of this paragraph.
Powers of detention under provisions relating to load lines
Schedule 3 to the 1995 Act (load lines) is amended as follows.
In paragraph 3 (compliance with load line rules by United Kingdom ships) in sub-paragraph (3)—
after “sub-paragraph (1) above” there is inserted “ proceeds or ”, and
after “sub-paragraph (1)(a) and (b) above” there is inserted “ and which is in United Kingdom waters ”.
In paragraph 13 (compliance with load line rules by other ships)—
in sub-paragraph (4)—
after “this paragraph” there is inserted “ proceeds or ”, and
after “sub-paragraphs (1)(a) or (b) above” there is inserted “ and which is in United Kingdom waters ”, and
after that sub-paragraph there is inserted—
In paragraph 17 (inspection)—
in sub-paragraphs (1) and (2), for “any port in the United Kingdom” there is substituted “ United Kingdom waters ”, and
after sub-paragraph (2) there is inserted—
Funding of maritime services
After section 302 of the 1995 Act there is inserted—
After Schedule 11 to the 1995 Act there is inserted—
Provisions to be inserted as Schedule 5A to the Merchant Shipping Act 1995
Amendments of Part III of Aviation and Maritime Security Act 1990
Part III of the Aviation and Maritime Security Act 1990 (protection of ships and harbour areas against acts of violence) shall have effect subject to the amendments made by this Schedule.
Meaning of “harbour area”
In section 18 (purposes to which Part III applies), for subsection (3) there is substituted—
Designation of restricted zones
Section 20 (designation of restricted zones of harbour areas) is amended as follows.
After subsection (1) there is inserted—
In subsections (2) and (3), after “(1)” there is inserted “ or (1A) ”.
In subsection (4), for “harbour authority” there is substituted “ applicant ”.
In subsection (5)—
for “harbour authority” there is substituted “ person ”,
after “(1)” there is inserted “ or (1A) ”, and
after “harbour area” there is inserted “ or, as the case may be, of the operating area ”.
In subsection (6), after “harbour area” there is inserted “ or, as the case may be, of an operating area ”.
In subsection (7) for “harbour authority” there is substituted “ person who made, or was requested to make, the application ”.
In subsection (8) after “harbour area” there is inserted “ or, as the case may be, of an operating area ”.
After subsection (8) there is inserted—
Power to promote searches
Section 22 (power to require harbour authorities to promote searches) is amended as follows.
In subsection (1), for “to a harbour authority requiring it to use its best endeavours” there is substituted.
After subsection (2) there is inserted—
After subsection (3) there is inserted—
In section 23 (power to require other persons to promote searches), in subsection (1), “(other than a harbour authority)” is omitted and after that subsection there is inserted—
Removal of firearms
In section 26(1) (direction not to require or authorise any person to carry a firearm), at the end of subsection (1) there is inserted “ except to the extent necessary for the purpose of removing any firearm found pursuant to a search under section 22 of this Act from the restricted zone and delivering the firearm to a person authorised to carry it ”.
Inspection of ships and harbour areas
In section 36(2) (powers of authorised person on inspection of ships or harbour areas), in paragraph (c), for “or the occupier of the land” there is substituted “ the occupier of the land or any harbour operator ”.
False statements
In section 37 (false statements relating to baggage, cargo etc.), in subsection (2) (persons to whom false statements must not be made) after paragraph (a) there is inserted—.
In section 38 (false statements in connection with identity documents), in subsection (3) (persons to whom false statements must not be made) after paragraph (a) there is inserted—.
Unauthorised presence in restricted zone
Section 39 (unauthorised presence in restricted zone) is amended as follows.
In subsection (1)(a) and (b) for “the harbour authority or a person acting on behalf of the harbour authority” there is substituted “ the competent authority, or a person acting on behalf of that authority ”.
After subsection (2) there is inserted—
Meaning of “harbour”, “harbour authority” etc.
Section 46 (interpretation of Part III) is amended as follows.
In subsection (1)—
for the definition of “harbour” there is substituted—,
for the definition of “harbour authority” there is substituted—,
for the definition of “harbour operations” there is substituted—,
after the definition of “naval services” there is inserted—, and
the definition of “restricted zone” is omitted.
After subsection (2) there is inserted—
Provisions of United Nations Convention on the Law of the Sea to be treated as part of the law of nations
Definition of piracy
Piracy consists of any of the following acts:
(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed—
(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).
Piracy by a warship, government ship or government aircraft whose crew has mutinied
The acts of piracy, as defined in article 101, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship or aircraft.
Definition of a pirate ship or aircraft
A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.
Minor and consequential amendments
The Hovercraft Act 1968 (c. 59)
In section 1(1)(i)(ii) of the Hovercraft Act 1968 (power to apply sections 185 and 186 of the 1995 Act in relation to the carriage of property by hovercraft), before “sections 185 and 186” there is inserted “ and ”.
The Senior Courts Act 1981 (c. 54)
In section 20 of the Senior Courts Act 1981 (Admiralty jurisdiction of High Court), in subsection (5)(b) for “International Oil Compensation Fund 1984” there is substituted “ International Oil Pollution Compensation Fund 1992 ”.
The Merchant Shipping Act 1995 (c. 21)
Section 128 of the 1995 Act (prevention of pollution from ships) is amended as follows.
In subsection (3)(h) for “section 143(6), 144” there is substituted “ sections 143(6), 144 ”.
In subsection (4)(f) (instruments made under Orders in Council under section 128(1)) the words “and apply the Statutory Instruments Act 1946 to instruments made under the Order” are omitted.
With respect to applications made after the commencement of this paragraph, section 158 of the 1995 Act (limitation actions), including that section as set out in Schedule 4 to that Act, is amended as follows.
In subsection (2)—
for the words “and is entitled to limit it” there is substituted “ but has not found that he is not entitled to limit it ”, and
for “the limit of the liability” there is substituted “ the limit which would apply to the applicant’s liability if he were entitled to limit it ”.
After subsection (2) there is inserted—
In section 170 of the 1995 Act (interpretation of provisions implementing the International Convention on Civil Liability for Oil Pollution Damage 1992), in subsection (4)(a) (territory of United Kingdom to include any area within the British fishery limits) for “within the British fishery limits set by or under the Fishery Limits Act 1976;” there is substituted “ specified by virtue of section 129(2)(b) ”.
In section 193 of the 1995 Act (general and local lighthouse authorities)—
in subsection (2)(a), for “harbour authority” there is substituted “ statutory harbour authority ”, and
in subsection (4)(b), for the words “harbour authority”, where they first occur, there is substituted “ statutory harbour authority ”.
In section 197 of the 1995 Act (general powers of general lighthouse authority), in subsection (2), for “harbour authority” there is substituted “ statutory harbour authority ”.
In section 201 of the 1995 Act (powers of harbour authorities), in subsection (1), for “harbour authority” there is substituted “ statutory harbour authority ”.
Section 202 of and Schedule 9 to the 1995 Act (transfer of local lighthouses from general lighthouse authorities to harbour authorities) (which are spent) are omitted.
In section 203 of the 1995 Act (individual transfers of local lighthouses to harbour authorities), for the words “harbour authority”, where they first occur, there is substituted “ statutory harbour authority ”.
In section 204 of the 1995 Act (surrender of local lighthouses), in subsection (2), for “harbour authority” there is substituted “ statutory harbour authority ”.
In section 205 of the 1995 Act (light dues leviable by general lighthouse authorities), in subsection (9), for the words from “to Her Majesty’s Paymaster-General” to the end there is substituted “ to the Secretary of State or as he directs, and in such manner as he directs. ”
In section 210 of the 1995 Act (light dues leviable by local lighthouse authorities), in subsections (1) and (2) for the words “harbour authority” there is substituted “ statutory harbour authority ”.
In section 232 (duty of receiver where vessel in distress), in subsection (2), for “(4)” there is substituted “ (3) ”.
In section 256 (appointment of inspectors and surveyors), in subsection (7), for “section” there is substituted “ subsection ”.
In section 261 (improvement notices), in subsection (4)(a), after “130” there is inserted “ 130A ”.
In section 293 (functions of Secretary of State in relation to marine pollution), in subsection (2), before sub-paragraph (a), there is inserted—.
Section 306 of the 1995 Act (regulations, rules and orders, etc.) is amended as follows.
For subsection (1) (powers which are exercisable by statutory instrument) there is substituted—
For subsection (2) (statutory instruments containing regulations, orders or rules to be subject to negative resolution procedure, except in specified cases) there is substituted—
In subsection (3) (which provides that all Orders in Council apart from those specified are to be subject to negative resolution procedure)—
after “172(2)” there is inserted “ 182B(1) ”, and
after “184” there is inserted “ 185(2A) or (2B) ”.
In subsection (4)(a) (duty to consult before making certain regulations), for “under section 108” there is substituted “ section 108 or 130A ”.
Section 313 of the 1995 Act (interpretation) is amended as follows.
In subsection (1) (definitions)—
for the definition of “harbour authority” there is substituted—,
after the definition of “master” there is inserted—,
after the definition of “proper officer” there is inserted—, and
after the definition of “ship” there is inserted—
After subsection (2) there is inserted—
After section 313 of the 1995 Act there is inserted—
Repeals and revocations
Repeals
Revocations