Legalize / United Kingdom / Public General Act

Merchant Shipping Act 1995

Type Public General Act

Publication 1995-07-19

Last updated 2026-03-31

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 187

Reform history JSON API

(b) any other substance which creates a hazard to human health, harms living resources or marine life, damages amenities or interferes with lawful use of the sea, and

Savings

23

Nothing in this Schedule shall be taken to prejudice any right or power of Her Majesty’s Government.

Savings

24

(1) This paragraph applies where action is taken—

(a) in respect of a ship which is under arrest or in respect of anything in a ship which is under arrest, and

(b) in accordance with a direction under this Schedule or by virtue of paragraph 4.

(2) The action shall not—

(a) be treated as a contempt of court, or

(b) give rise to civil liability on the part of the Admiralty Marshal (including the Admiralty Marshal of the Court of Judicature in Northern Ireland).

2A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

(1) The Secretary of State may give a direction under this paragraph in respect of a ship if in his opinion—

(a) an accident has occurred to or in the ship,

(b) the accident has created a risk to safety or a risk of pollution by a hazardous substance, and

(2) The direction may be given to—

(a) the owner of the ship,

(b) a person in possession of the ship,

(d) a pilot of the ship,

(da) the owner of a hazardous substance in the ship,

(e) a salvor in possession of the ship,

(f) a person who is the servant or agent of a salvor in possession of the ship and who is in charge of the salvage operation, or

(g) where the ship is in, or has been directed to move into, waters which are regulated or managed by a harbour authority, the harbour authority or the harbour master.

(3) The direction may require the person to whom it is given to take or refrain from taking any specified action in relation to—

(a) the ship;

(b) anything which is or was in the ship;

(d) anything which is or was being towed by the ship;

(e) a person on the ship.

(4) In particular, the direction may require a person to ensure—

(a) that a ship or other thing is moved or not moved;

(b) that a ship or other thing is moved or not moved to or from a specified place or area or over a specified route;

(d) that a substance is or is not unloaded or discharged;

(e) that specified salvage measures are taken or not taken;

(f) that a person is put ashore or on board a ship.

Notes

176A

(1) The Supplementary Fund shall be liable for pollution damage in the territory of the United Kingdom in accordance with the Supplementary Fund Protocol in the circumstances mentioned in paragraph 1 of Article 4 of that Protocol (cases where full compensation cannot be obtained because of the limit imposed by paragraph 4 of Article 4 of the Fund Convention).

176B

(1) The Supplementary Fund’s liability under section 176A shall be subject to—

(a) paragraphs 2 and 3 of Article 4 of the Supplementary Fund Protocol (which impose an overall limit on the liabilities of the Supplementary Fund); and

(b) paragraphs 2 and 3 of Article 15 of the Supplementary Fund Protocol (which prevent the Supplementary Fund from paying compensation temporarily and permanently where obligations to communicate information to the Director under paragraph 1 of Article 13 and paragraph 1 of Article 15 have not been met).

SCHEDULE 5ZA

Article 4—paragraphs 1, 2 and 3

1

The Supplementary Fund shall pay compensation to any person suffering pollution damage if such person has been unable to obtain full and adequate compensation for an established claim for such damage under the terms of the 1992 Fund Convention, because the total damage exceeds, or there is a risk that it will exceed, the applicable limit of compensation laid down in article 4, paragraph 4, of the 1992 Fund Convention in respect of any one incident.

2

(a) The aggregate amount of compensation payable by the Supplementary Fund under this article shall in respect of any one incident be limited, so that the total sum of that amount together with the amount of compensation actually paid under the 1992 Liability Convention and the 1992 Fund Convention within the scope of application of this Protocol shall not exceed 750 million units of account.

(b) The amount of 750 million units of account mentioned in paragraph 2(a) shall be converted into national currency on the basis of the value of that currency by reference to the Special Drawing Right on the date determined by the Assembly of the 1992 Fund for conversion of the maximum amount payable under the 1992 Liability and 1992 Fund Conventions.

3

Where the amount of established claims against the Supplementary Fund exceeds the aggregate amount of compensation payable under paragraph 2, the amount available shall be distributed in such a manner that the proportion between any established claim and the amount of compensation actually recovered by the claimant under this Protocol shall be the same for all claimants.

Article 13—paragraph 1

1

Contracting States shall communicate to the Director of the Supplementary Fund information on oil receipts in accordance with article 15 of the 1992 Fund Convention provided, however, that communications made to the Director of the 1992 Fund under article 15, paragraph 2, of the 1992 Fund Convention shall be deemed to have been made also under this Protocol.

Article 15—paragraphs 1, 2 and 3

1

If in a Contracting State there is no person meeting the conditions of article 10, that Contracting State shall for the purposes of this Protocol inform the Director of the Supplementary Fund thereof.

2

No compensation shall be paid by the Supplementary Fund for pollution damage in the territory, territorial sea or exclusive economic zone or area determined in accordance with article 3(a)(ii), of this Protocol, of a Contracting State in respect of a given incident or for preventive measures, wherever taken, to prevent or minimize such damage, until the obligations to communicate to the Director of the Supplementary Fund according to article 13, paragraph 1 and paragraph 1 of this article have been complied with in respect of that Contracting State for all years prior to the occurrence of that incident. The Assembly shall determine in the Internal Regulations the circumstances under which a Contracting State shall be considered as having failed to comply with its obligations.

3

Where compensation has been denied temporarily in accordance with paragraph 2, compensation shall be denied permanently in respect of that incident if the obligations to communicate to the Director of the Supplementary Fund under article 13, paragraph 1 and paragraph 1 of this article, have not been complied with within one year after the Director of the Supplementary Fund has notified the Contracting State of its failure to report.

Notes

153A

(1) Subject to subsection (3), where, as a result of any occurrence, any bunker oil is discharged or escapes from a ship then (except as otherwise provided by this Chapter) the owner of the ship shall be liable—

(a) for any damage caused outside the ship in the territory of the United Kingdom by contamination resulting from the discharge or escape; and

(b) for the cost of any measures reasonably taken after the discharge or escape for the purpose of preventing or minimising any damage so caused in the territory of the United Kingdom by contamination resulting from the discharge or escape; and

(2) Subject to subsection (3), where, as a result of any occurrence, there arises a grave and imminent threat of damage being caused outside a ship by the contamination that might result if there were a discharge or escape of bunker oil from the ship then (except as otherwise provided by this Chapter) the owner of the ship shall be liable—

(a) for the cost of any measures reasonably taken for the purpose of preventing or minimising any such damage in the territory of the United Kingdom; and

(b) for any damage caused outside the ship in the territory of the United Kingdom by any measures so taken.

(3) There shall be no liability under this section in relation to —

(a) a discharge or escape of bunker oil from a ship to which section 153 applies, or

(b) a threat mentioned in subsection (2) arising in relation to a potential discharge or escape of bunker oil from such a ship,

where that bunker oil is also persistent hydrocarbon mineral oil.

(4) In the subsequent provisions of this Chapter—

(a) a discharge or escape of bunker oil from a ship, other than a discharge or escape of oil excluded by subsection (3), is referred to as a discharge or escape of bunker oil falling within subsection (1) of this section; and

(b) a threat mentioned in subsection (2), other than one excluded by subsection (3), is referred to as a relevant threat of contamination falling within subsection (2) of this section.

(5) Where a person incurs a liability under subsection (1) or (2) he shall also be liable for any damage or cost for which he would be liable under that subsection if the references in it to the territory of the United Kingdom included the territory of any other Bunkers Convention country.

(6) Where—

(a) as a result of any occurrence, a liability is incurred under this section by the owner of each of two or more ships, but

(b) the damage or cost for which each of the owners would be liable cannot reasonably be separated from that for which the other or others would be liable,

each of the owners shall be liable, jointly with the other or others, for the whole of the damage or cost for which the owners together would be liable under this section.

(7) In this Chapter (except in section 170(1)) “owner”, except when used in the term “registered owner”, means the registered owner, bareboat charterer, manager and operator of the ship.

156A

(1) For the purposes of this Chapter —

(a) references to a discharge or escape of oil or bunker oil from a ship are references to such a discharge or escape wherever it may occur;

(b) references to a discharge or escape of oil from a ship include a discharge or escape of oil carried in the bunkers of the ship;

(c) where more than one discharge or escape of oil or bunker oil results from the same occurrence or from a series of occurrences having the same origin, they shall be treated as one, but any measures taken after the first of them shall be deemed to have been taken after the discharge or escape; and

(d) where a relevant threat of contamination results from a series of occurrences having the same origin, they shall be treated as a single occurrence.

(2) The Law Reform (Contributory Negligence) Act 1945 and, in Northern Ireland, the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 shall apply in relation to any damage or cost for which a person is liable under section 153, 153A or 154, but which is not due to his fault, as if it were due to his fault.

Limitation period for claims under this Chapter

163A

(1) Subject to the provisions of this Chapter relating to Government ships, subsection (2) below shall apply to any ship having a gross tonnage greater than 1,000 tons calculated in the manner prescribed by an order made by the Secretary of State under paragraph 5(2) of Part II of Schedule 7.

(2) The ship shall not enter or leave a port in the United Kingdom or arrive at or leave a terminal in the territorial sea of the United Kingdom nor, if the ship is a United Kingdom ship, a port in any other country or a terminal in the territorial sea of any other country, unless there is in force—

(a) a contract of insurance or other security in respect of the ship satisfying the requirements of Article 7 of the Bunkers Convention; and

(b) a certificate complying with the provisions of subsection (3) showing that there is in force in respect of the ship a contract of insurance or other security satisfying those requirements.

(3) The certificate must be—

(a) if the ship is a United Kingdom ship, a certificate issued by the Secretary of State;

(b) if the ship is registered in a Bunkers Convention country other than the United Kingdom, a certificate issued by or under the authority of the government of the other Bunkers Convention country; and

(c) if the ship is registered in a country which is not a Bunkers Convention country, a certificate issued by the Secretary of State or by or under the authority of the government of any Bunkers Convention country other than the United Kingdom.

(4) Any certificate required by this section to be in force in respect of a ship shall be carried in the ship and shall, on demand, be produced by the master to any officer of Revenue and Customs or of the Secretary of State and, if the ship is a United Kingdom ship, to any proper officer.

(5) If a ship enters or leaves, or attempts to enter or leave, a port or arrives at or leaves, or attempts to arrive at or leave, a terminal in contravention of subsection (2) by reason of there being no certificate in force as mentioned in that subsection, the master or registered owner shall be liable on conviction on indictment to a fine, or on summary conviction to a fine not exceeding the statutory maximum.

(6) If a ship fails to carry, or the master of a ship fails to produce, a certificate as required by subsection (4), the master shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7) If a ship attempts to leave a port in the United Kingdom in contravention of subsection (2), the ship may be detained.

(8) Any document required or authorised, by virtue of any statutory provision, to be served on a foreign company for the purposes of the institution of (or otherwise in connection with) proceedings for an offence under subsection (5) against the company as registered owner of the ship shall be treated as duly served on the company if the document is served on the master of the ship.

Notes

197A

(1) A general lighthouse authority may enter into agreements—

(a) for the use by others of assets of the authority (“hire agreements”);

(b) for the provision of consultancy or other services by the authority (“service agreements”).

(2) But an authority may enter into a hire or service agreement only if—

(a) they are satisfied that it is not likely to prejudice the discharge of their functions under section 195, and

(b) the Secretary of State consents.

(3) Where an authority enter or seek to enter into hire or service agreements—

(a) expenditure of the authority incurred in connection with the agreements, and with the Secretary of State's consent, must be paid out of the General Lighthouse Fund, and

(b) sums received by the authority under the agreements must be paid into the General Lighthouse Fund.

(4) The Secretary of State may consent to expenditure in acquiring an asset for the purpose of entering into hire agreements only if the Secretary of State thinks that the expenditure is merely preparatory or subsidiary to hire agreements in respect of other assets (such as in the case of acquiring one asset to be used with another or to be used in fitting, maintaining or converting another).

(5) An authority must send a copy of any hire or service agreement to the Secretary of State.

(6) Consent under this section—

(a) may be subject to conditions,

(b) may be general or specific, and

9A

The provisions of the Convention in Part I of this Schedule have effect subject to the reservation made by the United Kingdom (see the reservation set out in the Annex II to Regulation (EC) No 392/2009 of 23 April 2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents).

Part 9A — Wreck Removal Convention

Preliminary

255A

(1) In this Part—

(a) “the Wrecks Convention” means the Nairobi International Convention on the Removal of Wrecks 2007 done in Nairobi on 18 May 2007, and

(b) “Wrecks Convention State” means a State which is a party to the Wrecks Convention.

(2) The text of the Wrecks Convention is set out in Schedule 11ZA.

Reporting, marking and removing

255B

(1) Where an accident results in a wreck in a Convention area, the persons responsible for any United Kingdom ship involved in the accident must report the wreck without delay.

(2) If the wreck is in the United Kingdom's Convention area, it must be reported to the Secretary of State.

(3) If the wreck is in the Convention area of any other State, it must be reported to the government of that State.

(4) The following are responsible for a ship—

(a) the master of the ship, and

(b) the operator of the ship.

(5) A report under subsection (1) must include the information mentioned in paragraph (2) of Article 5 of the Wrecks Convention (so far as it is known).

(6) If one of the persons responsible for a ship makes a report under subsection (1) the others are no longer under a duty to make a report.

(7) Failure to comply with the reporting requirement is an offence.

(8) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding £50,000, or

(b) on conviction on indictment, to a fine

on summary conviction, or on conviction on indictment, to a fine.

255C

(1) This section applies where an accident results in a wreck in the United Kingdom's Convention area.

(2) The Secretary of State must ensure that the United Kingdom complies with its obligations under Articles 7 and 8 of the Wrecks Convention (locating and marking of wrecks).

(3) The Secretary of State may, for those purposes, direct any of the following to take specified steps in relation to the wreck if it is within their area—

(a) a general lighthouse authority;

(b) a harbour authority;

(4) A direction may require an authority to exercise or not to exercise a power under section 252 or 253 within their area (and for this purpose a general lighthouse authority has the powers conferred by section 253 throughout their area).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A direction—

(a) must be in writing, or

(b) where it is not reasonably practicable to give it in writing, must be confirmed in writing as soon as reasonably practicable.

(7) An authority to whom a direction is given must comply with it.

255D

(1) This section applies where—

(a) a ship has been involved in an accident as a result of which it or anything from it has become a wreck in the United Kingdom's Convention area, and

(b) the Secretary of State has determined that the wreck poses a hazard.

(2) The Secretary of State must take all reasonable steps to give a notice (a “wreck removal notice”) requiring the registered owner to comply with the obligations imposed on registered owners by paragraph 2 and 3 of Article 9 of the Wrecks Convention (removal of wrecks and production of evidence of insurance).

(3) The notice must be in writing and must—

(a) specify the deadline set under paragraph 6(a) of that Article for the removal of the wreck, and

(b) inform the registered owner of the other matters set out in paragraph 6(b) and (c) of that Article.

(4) A registered owner who fails, without reasonable excuse, to comply with a notice by the specified deadline is guilty of an offence.

(5) A registered owner guilty of the offence is liable—

(a) on summary conviction, to a fine not exceeding £50,000, or

(b) on conviction on indictment, to a fine

on summary conviction, or on conviction on indictment, to a fine.

255E

(1) This section applies if the Secretary of State has given a registered owner a wreck removal notice.

(2) The Secretary of State may impose conditions as to the removal of the wreck in accordance with paragraph 4 of Article 9 of the Wrecks Convention.

(3) A condition is imposed by giving notice of it to the registered owner.

(4) A registered owner who fails, without reasonable excuse, to comply with a condition is guilty of an offence.

(5) A registered owner guilty of the offence is liable—

(a) on summary conviction, to a fine not exceeding £50,000, or

(b) on conviction on indictment, to a fine

on summary conviction, or on conviction on indictment, to a fine.

255F

(1) The Secretary of State may remove a wreck in the United Kingdom's Convention area in the circumstances set out in paragraph 7 or 8 of Article 9 of the Wrecks Convention.

(2) The Secretary of State may, instead of exercising the power under subsection (1), direct that the power be exercised by any of the following—

(a) a general lighthouse authority;

(b) a harbour authority;

(3) A direction may be given to an authority only in relation to a wreck within the authority's area.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A direction—

(a) must be in writing, or

(b) where it is not reasonably practicable to give it in writing, must be confirmed in writing as soon as reasonably practicable.

(6) An authority to whom a direction is given must comply with it.

255G

(1) This section applies where—

(a) a ship has been involved in an accident as a result of which it or anything from it has become a wreck in the United Kingdom's Convention area, and

(b) costs have been incurred complying with section 255C or 255F (locating and marking and removal of wrecks).

(2) The person who incurred the costs is entitled to recover them from the ship's registered owner unless the owner proves that an exception set out in paragraph 1(a), (b) or (c) of Article 10 of the Wrecks Convention applies.

(3) The owner is not liable for costs under this section if or to the extent that liability would conflict with—

(a) a convention listed in paragraph 1 of Article 11 of the Wrecks Convention (exceptions to liability),

(b) an enactment implementing such a convention, or

(4) Where the registered owner of each of two or more ships is liable for costs under this section but the costs for which each is liable cannot reasonably be separated, the registered owners shall be jointly liable for the total costs.

(5) This section does not prevent the exercise of the right (if any) to limit liability by virtue of section 185.

(6) An order under subsection (3)(c) may be made only if a draft has been laid before and approved by resolution of each House of Parliament.

(7) An order may include incidental, supplemental or transitional provision.

255H

An action to recover costs under section 255G may not be brought after the end of whichever of the following ends earlier—

(a) the period of 3 years beginning with the date on which a wreck removal notice was given in respect of the wreck, and

(b) the period of 6 years beginning with the date of the accident which resulted in the wreck.

255I

Costs incurred by a general lighthouse authority in complying with a direction under section 255C or 255F shall be paid out of the General Lighthouse Fund if or to the extent that they are not recovered under section 255G; but section 213 shall apply as if they were expenses of the authority falling within subsection (1) of that section other than establishment expenses.

Insurance

255J

(1) This section applies to ships with a gross tonnage of 300 or more.

(2) A United Kingdom ship may not enter or leave a port in the United Kingdom or elsewhere unless—

(a) the ship has wreck removal insurance, and

(b) the Secretary of State has certified that it has wreck removal insurance.

(3) A foreign ship may not enter or leave a port in the United Kingdom unless—

(a) the ship has wreck removal insurance, and

(b) there is a certificate confirming that it has wreck removal insurance.

(4) For a ship registered in a foreign Wrecks Convention State the certificate must be one that has been issued by or under the authority of the government of that State.

(5) For a foreign ship registered in any other State the certificate must be one that has been issued—

(a) by the Secretary of State, or

(b) by or under the authority of the government of a Wrecks Convention State.

(6) For the purposes of subsection (1) the gross tonnage of a ship is to be calculated in the manner prescribed by order under paragraph 5(2) of Part II of Schedule 7.

(7) In this Part—

“wreck removal insurance” means a contract of insurance or other security satisfying the requirements of Article 12 of the Wrecks Convention, and “insurer” means the person providing the insurance or other security, and

“wreck removal insurance certificate” means a certificate required by subsection (2)(b) or (3)(b).

255K

(1) The master and operator of a ship are each guilty of an offence if—

(a) the ship enters or leaves a port in contravention of section 255J, or

(b) anyone attempts to navigate the ship into or out of a port in contravention of that section.

(2) A person guilty of the offence is liable—

(a) on summary conviction, to a fine not exceeding £50,000, or

(b) on conviction on indictment, to a fine

on summary conviction, or on conviction on indictment, to a fine.

255L

A ship may be detained if anyone attempts to navigate it out of a port in contravention of section 255J.

255M

(1) This section applies to a ship which is required to have a wreck removal insurance certificate before entering or leaving a port.

(2) The master of the ship must ensure that the certificate is carried on board.

(3) The master of the ship must, on request, produce the certificate to—

(a) an officer of Revenue and Customs;

(b) an officer of the Secretary of State;

(4) Failure to comply with subsection (2) or (3) is an offence.

(5) A person guilty of the offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

255N

(1) This section applies where the registered owner applies to the Secretary of State for a wreck removal insurance certificate in respect of—

(a) a United Kingdom ship, or

(b) a foreign ship registered in a State other than a Wrecks Convention State.

(2) In relation to a United Kingdom ship, the Secretary of State must issue the certificate if satisfied—

(a) that the ship has wreck removal insurance in place for the period to which the certificate will relate, and

(b) that the obligations of the person providing the wreck removal insurance will be met.

(3) In relation to a foreign ship registered in a State other than a Wrecks Convention State, the Secretary of State may issue the certificate if satisfied of the matters in paragraphs (a) and (b) of subsection (2).

(4) The Secretary of State must send a copy of a certificate issued in respect of a United Kingdom ship to the Registrar General of Shipping and Seamen.

(5) The Registrar must make such certificates available for public inspection.

255O

(1) The Secretary of State may make regulations about the cancellation and delivery up of wreck removal insurance certificates issued under section 255N.

(2) A person who fails to deliver up a certificate in accordance with the regulations is guilty of an offence.

(3) A person guilty of the offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

255P

(1) This section applies where—

(a) a ship has been involved in an accident as a result of which it or anything from it has become a wreck in the United Kingdom's Convention area,

(b) at the time of the accident the ship had wreck removal insurance, and

(2) A person who is entitled to recover costs from the ship's registered owner under section 255G may recover them from the insurer.

(3) It is a defence for the insurer to prove that the accident was caused by the wilful misconduct of the ship's registered owner.

(4) The insurer may also rely on any defences available to the registered owner (including section 255H).

(5) The insurer may limit liability in respect of claims made under this section to the same extent as the registered owner may limit liability by virtue of section 185 (or would be able to limit liability by virtue of that section if it were not for paragraph 3 of Part 2 of Schedule 7).

(6) But an insurer may limit liability whether or not the accident is caused by an act or omission mentioned in Article 4 of the Convention set out in Part 1 of Schedule 7.

(7) The following do not apply in relation to any wreck removal insurance to which a wreck removal insurance certificate relates—

(a) the Third Parties (Rights against Insurers) Act 1930;

(b) the Third Parties (Rights against Insurers) (Northern Ireland) Act 1930;

255Q

(1) This section applies if the Secretary of State has given, or proposes to give, notice under paragraph 13 of Article 12 of the Wrecks Convention (electronic insurance certificates, &c.).

(2) The Secretary of State may by order make such amendments of this Part as the Secretary of State thinks necessary or expedient for giving effect to the notice.

(3) An order may be made only if a draft has been laid before and approved by resolution of each House of Parliament.

(4) An order may include incidental, supplemental or transitional provision.

Supplemental

255R

(1) Expressions used in this Part shall be construed in accordance with Article 1 of the Wrecks Convention.

(2) In this Part—

“accident” means a collision of ships, a stranding, another incident of navigation or another event (whether on board a ship or not) which results in material damage to a ship or its cargo or in an imminent threat of material damage to a ship or its cargo,

“insurer” shall be construed in accordance with section 255J(7),

“wreck removal insurance” has the meaning given by section 255J(7),

“wreck removal insurance certificate” has the meaning given by section 255J(7),

“wreck removal notice” means a notice under section 255D,

“the Wrecks Convention” has the meaning given by section 255A(1), and

“Wrecks Convention State” has the meaning given by section 255A(1).

(3) References in this Part to entering or leaving a port in a State include references to arriving at or leaving an offshore facility in the territorial sea of that State (except in section 255L).

(4) References in this Part to ships registered in a State include unregistered ships entitled to fly the flag of that State.

(5) In determining for the purposes of this Part whether a wreck poses a hazard the Secretary of State must take into account the matters set out in Article 6 of the Wrecks Convention (determination of hazard).

(6) The Secretary of State shall from time to time by order describe the United Kingdom's Convention area.

(7) If Her Majesty by Order in Council declares that any State specified in the Order is a party to the Wrecks Convention, the Order shall, while in force, be conclusive evidence of that fact.

255S

(1) This Part does not apply in relation to warships or ships for the time being used by a State for non-commercial purposes only.

(2) But it does apply to such ships if specified in a notice under paragraph 3 of Article 4 of the Wrecks Convention.

(3) Section 255K does not apply to a ship (an “exempt ship”) that is owned by a Wrecks Convention State.

(4) An exempt ship must have a certificate issued by the government of the State concerned and stating—

(a) that the ship is owned by that State, and

(b) that any liability under section 255G will be met up to the limits prescribed by paragraph 1 of Article 12 of the Wrecks Convention (compulsory insurance).

(5) Section 255M(2) to (5) applies to such a certificate.

(6) Where a ship is owned by a State and operated by a company which is registered in that State as operator of the ship, references in this Part to the registered owner are references to that company.

(7) In proceedings against a Wrecks Convention State for the recovery of costs under section 255G the State shall be treated as having submitted to the jurisdiction of the court in which the proceedings are brought; but this does not authorise execution, or in Scotland the execution of diligence, against the property of a State.

255T

Nothing in this Part affects any claim, or the enforcement of any claim, a person incurring any liability under this Part may have against any other person in respect of that liability.

255U

(1) The Secretary of State may by order amend this Part to reflect any amendment of the Wrecks Convention.

(2) An order under this section may be made only if a draft has been laid before and approved by resolution of each House of Parliament.

SCHEDULE 11ZA

Article 1 — Definitions

1

“Convention area” means the exclusive economic zone of a State Party, established in accordance with international law or, if a State Party has not established such a zone, an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured.

2

“Ship” means a seagoing vessel of any type whatsoever and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and floating platforms, except when such platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources.

3

“Maritime casualty” means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo.

4

“Wreck”, following upon a maritime casualty, means:

(a) a sunken or stranded ship; or

(b) any part of a sunken or stranded ship, including any object that is or has been on board such a ship; or

(d) a ship that is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the ship or any property in danger are not already being taken.

5

“Hazard” means any condition or threat that:

(a) poses a danger or impediment to navigation; or

(b) may reasonably be expected to result in major harmful consequences to the marine environment, or damage to the coastline or related interests of one or more States.

6

“Related interests” means the interests of a coastal State directly affected or threatened by a wreck, such as:

(a) maritime coastal, port and estuarine activities, including fisheries activities, constituting an essential means of livelihood of the persons concerned;

(b) tourist attractions and other economic interests of the area concerned;

(c) the health of the coastal population and the wellbeing of the area concerned, including conservation of marine living resources and of wildlife; and

(d) offshore and underwater infrastructure.

7

“Removal” means any form of prevention, mitigation or elimination of the hazard created by a wreck. “Remove”, “removed” and “removing” shall be construed accordingly.

8

“Registered owner” means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship at the time of the maritime casualty. However, in the case of a ship owned by a State and operated by a company which in that State is registered as the operator of the ship, “registered owner” shall mean such company.

9

“Operator of the ship” means the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the International Safety Management Code, as amended.

10

“Affected State” means the State in whose Convention area the wreck is located.

11

“State of the ship's registry” means, in relation to a registered ship, the State of registration of the ship and, in relation to an unregistered ship, the State whose flag the ship is entitled to fly.

12

“Organization” means the International Maritime Organization.

13

“Secretary-General” means the Secretary-General of the Organization.

Article 2 — Objectives and general principles

1

A State Party may take measures in accordance with this Convention in relation to the removal of a wreck which poses a hazard in the Convention area.

2

Measures taken by the Affected State in accordance with paragraph 1 shall be proportionate to the hazard.

3

Such measures shall not go beyond what is reasonably necessary to remove a wreck which poses a hazard and shall cease as soon as the wreck has been removed; they shall not unnecessarily interfere with the rights and interests of other States including the State of the ship's registry, and of any person, physical or corporate, concerned.

4

The application of this Convention within the Convention area shall not entitle a State Party to claim or exercise sovereignty or sovereign rights over any part of the high seas.

5

States Parties shall endeavour to co-operate when the effects of a maritime casualty resulting in a wreck involve a State other than the Affected State.

Article 3 — Scope of application

1

Except as otherwise provided in this Convention, this Convention shall apply to wrecks in the Convention area.

2

A State Party may extend the application of this Convention to wrecks located within its territory, including the territorial sea, subject to article 4, paragraph 4. In that case, it shall notify the Secretary-General accordingly, at the time of expressing its consent to be bound by this Convention or at any time thereafter. When a State Party has made a notification to apply this Convention to wrecks located within its territory, including the territorial sea, this is without prejudice to the rights and obligations of that State to take measures in relation to wrecks located in its territory, including the territorial sea, other than locating, marking and removing them in accordance with this Convention. The provisions of articles 10, 11 and 12 of this Convention shall not apply to any measures so taken other than those referred to in articles 7, 8 and 9 of this Convention.

3

When a State Party has made a notification under paragraph 2, the “Convention area” of the Affected State shall include the territory, including the territorial sea, of that State Party.

4

A notification made under paragraph 2 above shall take effect for that State Party, if made before entry into force of this Convention for that State Party, upon entry into force. If notification is made after entry into force of this Convention for that State Party, it shall take effect six months after its receipt by the Secretary-General.

5

A State Party that has made a notification under paragraph 2 may withdraw it at any time by means of a notification of withdrawal to the Secretary-General. Such notification of withdrawal shall take effect six months after its receipt by the Secretary-General, unless the notification specifies a later date.

Article 4 — Exclusions

1

This Convention shall not apply to measures taken under the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, as amended, or the Protocol relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil, 1973, as amended.

2

This Convention shall not apply to any warship or other ship owned or operated by a State and used, for the time being, only on Government non-commercial service, unless that State decides otherwise.

3

Where a State Party decides to apply this Convention to its warships or other ships as described in paragraph 2, it shall notify the Secretary-General, thereof, specifying the terms and conditions of such application.

4

(a) When a State Party has made a notification under article 3, paragraph 2, the following provisions of this Convention shall not apply in its territory, including the territorial sea:

(i) Article 2, paragraph 4;

(ii) Article 9, paragraphs 1, 5, 7, 8, 9 and 10; and

(iii) Article 15.

(b) Article 9, paragraph 4, insofar as it applies to the territory, including the territorial sea of a State Party, shall read: “ Subject to the national law of the Affected State, the registered owner may contract with any salvor or other person to remove the wreck determined to constitute a hazard on behalf of the owner. Before such removal commences, the Affected State may lay down conditions for such removal only to the extent necessary to ensure that the removal proceeds in a manner that is consistent with considerations of safety and protection of the marine environment. ”

Article 5 — Reporting wrecks

1

A State Party shall require the master and the operator of a ship flying its flag to report to the Affected State without delay when that ship has been involved in a maritime casualty resulting in a wreck. To the extent that the reporting obligation under this article has been fulfilled either by the master or the operator of the ship, the other shall not be obliged to report.

2

Such reports shall provide the name and the principal place of business of the registered owner and all the relevant information necessary for the Affected State to determine whether the wreck poses a hazard in accordance with article 6, including:

(a) the precise location of the wreck;

(b) the type, size and construction of the wreck;

(d) the nature and quantity of the cargo, in particular any hazardous and noxious substances; and

(e) the amount and types of oil, including bunker oil and lubricating oil, on board.

Article 6 — Determination of hazard

This Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt with in this Convention are brought in a State Party.

Article 7 — Locating wrecks

1

Upon becoming aware of a wreck, the Affected State shall use all practicable means, including the good offices of States and organizations, to warn mariners and the States concerned of the nature and location of the wreck as a matter of urgency.

2

If the Affected State has reason to believe that a wreck poses a hazard, it shall ensure that all practicable steps are taken to establish the precise location of the wreck.

Article 8 — Marking of wrecks

1

If the Affected State determines that a wreck constitutes a hazard, that State shall ensure that all reasonable steps are taken to mark the wreck.

2

In marking the wreck, all practicable steps shall be taken to ensure that the markings conform to the internationally accepted system of buoyage in use in the area where the wreck is located.

3

The Affected State shall promulgate the particulars of the marking of the wreck by use of all appropriate means, including the appropriate nautical publications.

Article 9 — Measures to facilitate the removal of wrecks

1

If the Affected State determines that a wreck constitutes a hazard, that State shall immediately:

(a) inform the State of the ship's registry and the registered owner; and

(b) proceed to consult the State of the ship's registry and other States affected by the wreck regarding measures to be taken in relation to the wreck.

2

The registered owner shall remove a wreck determined to constitute a hazard.

3

When a wreck has been determined to constitute a hazard, the registered owner, or other interested party, shall provide the competent authority of the Affected State with evidence of insurance or other financial security as required by article 12.

4

The registered owner may contract with any salvor or other person to remove the wreck determined to constitute a hazard on behalf of the owner. Before such removal commences, the Affected State may lay down conditions for such removal only to the extent necessary to ensure that the removal proceeds in a manner that is consistent with considerations of safety and protection of the marine environment.

5

When the removal referred to in paragraphs 2 and 4 has commenced, the Affected State may intervene in the removal only to the extent necessary to ensure that the removal proceeds effectively in a manner that is consistent with considerations of safety and protection of the marine environment.

6

The Affected State shall:

(a) set a reasonable deadline within which the registered owner must remove the wreck, taking into account the nature of the hazard determined in accordance with article 6;

(b) inform the registered owner in writing of the deadline it has set and specify that, if the registered owner does not remove the wreck within that deadline, it may remove the wreck at the registered owner's expense; and

(c) inform the registered owner in writing that it intends to intervene immediately in circumstances where the hazard becomes particularly severe.

7

If the registered owner does not remove the wreck within the deadline set in accordance with paragraph 6(a), or the registered owner cannot be contacted, the Affected State may remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment.

8

In circumstances where immediate action is required and the Affected State has informed the State of the ship's registry and the registered owner accordingly, it may remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment.

9

States Parties shall take appropriate measures under their national law to ensure that their registered owners comply with paragraphs 2 and 3.

10

States Parties give their consent to the Affected State to act under paragraphs 4 to 8, where required.

11

The information referred to in this article shall be provided by the Affected State to the registered owner identified in the reports referred to in article 5, paragraph 2.

Article 10 — Liability of the owner

1

Subject to article 11, the registered owner shall be liable for the costs of locating, marking and removing the wreck under articles 7, 8 and 9, respectively, unless the registered owner proves that the maritime casualty that caused the wreck:

(a) resulted from an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an exceptional, inevitable and irresistible character;

(b) was wholly caused by an act or omission done with intent to cause damage by a third party; or

(c) was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.

2

Nothing in this Convention shall affect the right of the registered owner to limit liability under any applicable national or international regime, such as the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.

3

No claim for the costs referred to in paragraph 1 may be made against the registered owner otherwise than in accordance with the provisions of this Convention. This is without prejudice to the rights and obligations of a State Party that has made a notification under article 3, paragraph 2, in relation to wrecks located in its territory, including the territorial sea, other than locating, marking and removing in accordance with this Convention.

4

Nothing in this article shall prejudice any right of recourse against third parties.

Article 11 — Exceptions to liability

1

The registered owner shall not be liable under this Convention for the costs mentioned in article 10, paragraph 1 if, and to the extent that, liability for such costs would be in conflict with:

(a) the International Convention on Civil Liability for Oil Pollution Damage, 1969, as amended;

(b) the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, as amended;

(c) the Convention on Third Party Liability in the Field of Nuclear Energy, 1960, as amended, or the Vienna Convention on Civil Liability for Nuclear Damage, 1963, as amended; or national law governing or prohibiting limitation of liability for nuclear damage; or

(d) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, as amended;

provided that the relevant convention is applicable and in force.

2

To the extent that measures under this Convention are considered to be salvage under applicable national law or an international convention, such law or convention shall apply to questions of the remuneration or compensation payable to salvors to the exclusion of the rules of this Convention.

Article 12 — Compulsory insurance or other financial security

1

The registered owner of a ship of 300 gross tonnage and above and flying the flag of a State Party shall be required to maintain insurance or other financial security, such as a guarantee of a bank or similar institution, to cover liability under this Convention in an amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases not exceeding an amount calculated in accordance with article 6(1)(b) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.

2

A certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship of 300 gross tonnage and above by the appropriate authority of the State of the ship's registry after determining that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a State Party, such certificate shall be issued or certified by the appropriate authority of the State of the ship's registry; with respect to a ship not registered in a State Party it may be issued or certified by the appropriate authority of any State Party. This compulsory insurance certificate shall be in the form of the model set out in the annex to this Convention, and shall contain the following particulars:

(a) name of the ship, distinctive number or letters and port of registry;

(b) gross tonnage of the ship;

(d) IMO ship identification number;

(e) type and duration of security;

(f) name and principal place of business of insurer or other person giving security and, where appropriate, place of business where the insurance or security is established; and

(g) period of validity of the certificate, which shall not be longer than the period of validity of the insurance or other security.

3

(a) A State Party may authorize either an institution or an organization recognized by it to issue the certificate referred to in paragraph 2. Such institution or organization shall inform that State of the issue of each certificate. In all cases, the State Party shall fully guarantee the completeness and accuracy of the certificate so issued and shall undertake to ensure the necessary arrangements to satisfy this obligation.

(b) A State Party shall notify the Secretary-General of:

(i) the specific responsibilities and conditions of the authority delegated to an institution or organization recognized by it;

(ii) the withdrawal of such authority; and

(iii) the date from which such authority or withdrawal of such authority takes effect.

An authority delegated shall not take effect prior to three months from the date on which notification to that effect was given to the Secretary-General.

(c) The institution or organization authorized to issue certificates in accordance with this paragraph shall, as a minimum, be authorized to withdraw these certificates if the conditions under which they have been issued are not maintained. In all cases the institution or organization shall report such withdrawal to the State on whose behalf the certificate was issued.

4

The certificate shall be in the official language or languages of the issuing State. If the language used is not English, French or Spanish, the text shall include a translation into one of these languages and, where the State so decides, the official language(s) of the State may be omitted.

5

The certificate shall be carried on board the ship and a copy shall be deposited with the authorities who keep the record of the ship's registry or, if the ship is not registered in a State Party, with the authorities issuing or certifying the certificate.

6

An insurance or other financial security shall not satisfy the requirements of this article if it can cease for reasons other than the expiry of the period of validity of the insurance or security specified in the certificate under paragraph 2 before three months have elapsed from the date on which notice of its termination is given to the authorities referred to in paragraph 5 unless certificate has been surrendered to these authorities or a new certificate has been issued within the said period. The foregoing provisions shall similarly apply to any modification, which results in the insurance or security no longer satisfying the requirements of this article.

7

The State of the ship's registry shall, subject to the provisions of this article and having regard to any guidelines adopted by the Organization on the financial responsibility of the registered owners, determine the conditions of issue and validity of the certificate

8

Nothing in this Convention shall be construed as preventing a State Party from relying on information obtained from other States or the Organization or other international organizations relating to the financial standing of providers of insurance or financial security for the purposes of this Convention. In such cases, the State Party relying on such information is not relieved of its responsibility as a State issuing the certificate required by paragraph 2.

9

Certificates issued and certified under the authority of a State Party shall be accepted by other States Parties for the purposes of this Convention and shall be regarded by other States Parties as having the same force as certificates issued or certified by them, even if issued or certified in respect of a ship not registered in a State Party. A State Party may at any time request consultation with the issuing or certifying State should it believe that the insurer or guarantor named in the certificate is not financially capable of meeting the obligations imposed by this Convention.

10

Any claim for costs arising under this Convention may be brought directly against the insurer or other person providing financial security for the registered owner's liability. In such a case the defendant may invoke the defences (other than the bankruptcy or winding up of the registered owner) that the registered owner would have been entitled to invoke, including limitation of liability under any applicable national or international regime. Furthermore, even if the registered owner is not entitled to limit liability, the defendant may limit liability to an amount equal to the amount of the insurance or other financial security required to be maintained in accordance with paragraph 1. Moreover, the defendant may invoke the defence that the maritime casualty was caused by the wilful misconduct of the registered owner, but the defendant shall not invoke any other defence which the defendant might have been entitled to invoke in proceedings brought by the registered owner against the defendant. The defendant shall in any event have the right to require the registered owner to be joined in the proceedings.

11

A State Party shall not permit any ship entitled to fly its flag to which this article applies to operate at any time unless a certificate has been issued under paragraphs 2 or 14.

12

Subject to the provisions of this article, each State Party shall ensure, under its national law, that insurance or other security to the extent required by paragraph 1 is in force in respect of any ship of 300 gross tonnage and above, wherever registered, entering or leaving a port in its territory, or arriving at or leaving from an offshore facility in its territorial sea.

13

Notwithstanding the provisions of paragraph 5, a State Party may notify the Secretary-General that, for the purposes of paragraph 12, ships are not required to carry on board or to produce the certificate required by paragraph 2, when entering or leaving a port in its territory, or arriving at or leaving from an offshore facility in its territorial sea, provided that the State Party which issues the certificate required by paragraph 2 has notified the Secretary-General that it maintains records in an electronic format, accessible to all States Parties, attesting the existence of the certificate and enabling States Parties to discharge their obligations under paragraph 12.

14

If insurance or other financial security is not maintained in respect of a ship owned by a State Party, the provisions of this article relating thereto shall not be applicable to such ship, but the ship shall carry a certificate issued by the appropriate authority of the State of registry, stating that it is owned by that State and that the ship's liability is covered within the limits prescribed in paragraph 1. Such a certificate shall follow as closely as possible the model prescribed by paragraph 2.

Article 13 — Time limits

Article 14 — Amendment provisions

1

At the request of not less than one-third of States Parties, a conference shall be convened by the Organization for the purpose of revising or amending this Convention.

2

Any consent to be bound by this Convention, expressed after the date of entry into force of an amendment to this Convention, shall be deemed to apply to this Convention, as amended.

Article 15 — Settlement of disputes

1

Where a dispute arises between two or more States Parties regarding the interpretation or application of this Convention, they shall seek to resolve their dispute, in the first instance, through negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their choice.

2

If no settlement is possible within a reasonable period of time not exceeding twelve months after one State Party has notified another that a dispute exists between them, the provisions relating to the settlement of disputes set out in Part XV of the United Nations Convention on the Law of the Sea, 1982, shall apply mutatis mutandis, whether or not the States party to the dispute are also States Parties to the United Nations Convention on the Law of the Sea, 1982.

3

Any procedure chosen by a State Party to this Convention and to the United Nations Convention on the Law of the Sea, 1982, pursuant to Article 287 of the latter, shall apply to the settlement of disputes under this article, unless that State Party, when ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, chooses another procedure pursuant to Article 287 for the purpose of the settlement of disputes arising out of this Convention.

4

A State Party to this Convention which is not a Party to the United Nations Convention on the Law of the Sea, 1982, when ratifying, accepting, approving or acceding to this Convention or at any time thereafter shall be free to choose, by means of a written declaration, one or more of the means set out in Article 287, paragraph 1, of the United Nations Convention on the Law of the Sea, 1982, for the purpose of settlement of disputes under this Article. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is party, which is not covered by a declaration in force. For the purpose of conciliation and arbitration, in accordance with Annexes V and VII of the United Nations Convention on the Law of the Sea, 1982, such State shall be entitled to nominate conciliators and arbitrators to be included in the lists referred to in Annex V, Article 2, and Annex VII, Article 2, for the settlement of disputes arising out of this Convention.

5

A declaration made under paragraphs 3 and 4 shall be deposited with the Secretary-General, who shall transmit copies thereof to the States Parties.

Article 16 — Relationship to other conventions and international agreements

Article 17 — Signature, ratification, acceptance, approval and accession

Article 18 — Entry into force

1

This Convention shall enter into force twelve months following the date on which ten States have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General.

2

For any State which ratifies, accepts, approves or accedes to this Convention after the conditions in paragraph 1 for entry into force have been met, this Convention shall enter into force three months following the date of deposit by such State of the appropriate instrument, but not before this Convention has entered into force in accordance with paragraph 1.

Article 19 — Denunciation

1

This Convention may be denounced by a State Party at any time after the expiry of one year following the date on which this Convention comes into force for that State.

2

Denunciation shall be effected by the deposit of an instrument to that effect with the Secretary-General.

3

A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, following its receipt by the Secretary-General.

Article 20 — Depositary

1

This Convention shall be deposited with the Secretary General.

2

The Secretary-General shall:

(a) inform all States which have signed or acceded to this Convention of:

(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;

(ii) the date of entry into force of this Convention;

(iii) the deposit of any instrument of denunciation of this Convention, together with the date of the deposit and the date on which the denunciation takes effect; and

(iv) other declarations and notifications received pursuant to this Convention;

(b) transmit certified true copies of this Convention to all States that have signed or acceded to this Convention.

3

As soon as this Convention enters into force, a certified true copy of the text shall be transmitted by the Secretary-General to the Secretary-General of the United Nations, for registration and publication in accordance with Article 102 of the Charter of the United Nations.

Article 21 — Languages

The repeals in the Crown Proceedings Act 1947 apply in relation to Her Majesty’s Government in Northern Ireland as they apply in relation to Her Majesty’s Government in the United Kingdom.

Notes

306A

(1) This section applies where—

(a) a person has power under this Act to make subordinate legislation, and

(b) the person proposes to exercise that power to make subordinate legislation which refers to an international instrument.

(2) The power may be exercised so as to have the effect that the reference to the instrument is construed—

(a) as a reference to the instrument as modified from time to time;

(b) if the instrument is replaced by another instrument, as a reference to that other instrument.

(3) For the purposes of subsection (2)(a), an instrument is modified if—

(a) omissions, additions or other alterations to the text of the instrument take effect, or

(b) supplementary provision made under the instrument takes effect.

(4) In this section, provision included in subordinate legislation by virtue of subsection (2) is referred to as ambulatory provision.

(5) Subordinate legislation which makes ambulatory provision may make provision as to—

(a) when a modification of an international instrument is to be treated as taking effect for the purposes of subsection (2)(a) (read with subsection (3));

(b) when an international instrument is to be treated as having been replaced by another instrument for the purposes of subsection (2)(b).

(6) In this section—

(a) “international instrument” means an international convention or treaty or an instrument made under such a convention or treaty except that “international instrument” does not include an EU instrument;

(b) “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

Notes

Liability for oil pollution in case of other ships.

Indemnification where damage is caused by ship registered in Fund Convention country.

A person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.

4A

(1) The Commissioners shall send to the Scottish Ministers a copy of any accounts that they have been required to provide under section 218.

(2) The Scottish Ministers shall lay those accounts before the Scottish Parliament.

(3) The Commissioners shall send to the Scottish Ministers any report made under section 198(4)(b) (reports on inspections).

(4) The Scottish Ministers shall lay any such report before the Scottish Parliament.

Rights to recover costs under this Convention shall be extinguished unless an action is brought hereunder within three years from the date when the hazard has been determined in accordance with this Convention. However, in no case shall an action be brought after six years from the date of the maritime casualty that resulted in the wreck. Where the maritime casualty consists of a series of occurrences, the six-year period shall run from the date of the first occurrence.

The repeals in the Crown Proceedings Act 1947 apply in relation to Her Majesty’s Government in Northern Ireland as they apply in relation to Her Majesty’s Government in the United Kingdom.

Part 3A — International agreements relating to maritime employment

84A

(1) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for the purpose of giving effect to—

(a) the Maritime Labour Convention, adopted on 23 February 2006 by the International Labour Organisation, as it has effect from time to time;

(b) the Work in Fishing Convention, adopted on 14 June 2007 by the International Labour Organisation, as it has effect from time to time.

(2) The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for the purpose of giving effect to an international agreement that has been ratified by the United Kingdom, so far as the agreement relates to maritime employment.

(3) The power in subsection (2) to give effect to an agreement so far as it relates to maritime employment includes power to give effect to any amendments of the agreement that relate to maritime employment.

(4) For the purposes of this section, a provision relates to maritime employment if it relates to the terms and conditions of employment or engagement, or working conditions, of masters or seamen.

(5) Section 84B makes further provision with respect to the regulations that may be made under this section.

84B

(1) In subsections (2) to (9) “regulations” means regulations under section 84A.

(2) Regulations—

(a) may make provision in terms of approvals given by the Secretary of State or another person and in terms of any document which the Secretary of State or that other person considers relevant;

(b) may provide for the cancellation of an approval given in pursuance of the regulations and for the alteration of the terms of such an approval;

(c) must provide for any approval in pursuance of the regulations to be given in writing and to specify the date on which it takes effect and the conditions (if any) on which it is given.

(3) Regulations may make provision for—

(a) the granting by the Secretary of State or another person of exemptions from specified provisions of the regulations for classes of case or individual cases, on such terms (if any) as the Secretary of State or that other person may specify, and

(b) for the alteration or cancellation of such exemptions.

(4) Regulations may make provision in respect of the checking or monitoring of compliance with any provision of the regulations, including (among other things) provision for—

(a) the making and keeping of records and the keeping of documents;

(b) the issue of certificates;

(5) Regulations may—

(a) provide for the detention of a ship in respect of which a contravention of the regulations is suspected to have occurred;

(b) apply section 284 with or without modifications in relation to such detentions.

(6) Regulations may provide for the contravention of any provision of the regulations to be a criminal offence, but may not provide—

(a) for an offence under the regulations to be punishable on summary conviction with imprisonment;

(b) in relation to Scotland or Northern Ireland—

(i) for an offence under the regulations that is triable only summarily to be punishable by a fine exceeding level 5 on the standard scale;

(ii) for an offence under the regulations that is triable summarily or on indictment to be punishable on summary conviction by a fine exceeding the statutory maximum;

(c) for an offence under the regulations to be punishable on conviction on indictment with imprisonment for a term exceeding two years.

(7) Regulations may provide that, in specified cases, specified persons each commit an offence created by regulations in reliance on subsection (6).

(8) Regulations may—

(a) make different provision for different purposes;

(b) provide for references in the regulations to any specified document to operate as references to that document as revised or re-issued from time to time;

(9) The power to make regulations includes power to make consequential, supplementary, incidental or transitional provision.

(10) The powers conferred by section 84A to make provision for the purpose of giving effect to an agreement or an amendment of an agreement include power to provide for the provision to come into force although the agreement or amendment has not come into force.

(11) But regulations under section 84A may not provide for provision made for the purpose of giving effect to an agreement, or an amendment of an agreement, to come into force—

(a) before the United Kingdom has ratified the agreement, or

(b) in a case where—

(i) the provision is for the purpose of giving effect to an amendment of an agreement, and

(ii) the United Kingdom would not be required to give effect to the amendment until it had been ratified by the United Kingdom,

before the United Kingdom has ratified the amendment.

(12) Nothing in subsections (2) to (10) of this section is to be construed as restricting the generality of the powers conferred by section 84A.

(13) A statutory instrument which contains (whether alone or with other provision) regulations under section 84A(2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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