Merchant Shipping Act 1995

[^key-b461c3190ed5c87e2155448d1e76bbb1]: S. 96 applied (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 7

[^key-f902ccdb61f276653c3279f59d82c460]: S. 97 applied (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 7

[^key-37bb4020a25264d86017febe55c813b2]: S. 284 applied (with modifications) (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 7

[^key-858ef635ee35e7cd0cbcb1e303a24f17]: S. 100 applied (with modifications) (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 8

[^key-3fcffd947b8c13a2fa6394457370a7ab]: S. 85 applied (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 9

[^key-eaa4f31ad1d48785bbb06c978cd877a8]: S. 86 applied (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 10

[^key-26726f6202b716065d69dc2bcbc96135]: S. 256 applied (with modifications) (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 12

[^key-3341697a5767aedb0dda44fa780d1505]: S. 258 applied (with modifications) (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 12

[^key-8e092a7b0e9b43db04c14fafe46a1584]: S. 306(1)(2) applied (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 13

[^key-f2ccdafeaafdd04f665096ab10413715]: S. 306A applied (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 13

[^key-5c6b39b172f301fc6e80f9abac53ad5c]: S. 258 applied (with modifications) (8.12.2008) by The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 (S.I. 2008/2924), regs. 1, 26 (with reg. 3) (as amended (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(12)(a))

[^key-bacc7d924158d6534cd4958decc2324d]: S. 259 applied (with modifications) (8.12.2008) by The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008 (S.I. 2008/2924), regs. 1, 26 (with reg. 3) (as amended (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(12)(a))

[^key-4a619e5117e8e270a011d12630202771]: S. 284 applied (with modifications) (15.6.2023) by The Merchant Shipping (Fire Protection) Regulations 2023 (S.I. 2023/568), regs. 1(1), 23(3) (with reg. 5)

[^key-8c027a3e9ad70f5a34e289f4cbcf7ea8]: Ss. 96, 97 applied (with modifications) (15.6.2023) by The Merchant Shipping (Fire Protection) Regulations 2023 (S.I. 2023/568), regs. 1(1), 23(5)(6) (with reg. 5)

[^key-a846f6ea0403accc468b0ec775632efb]: S. 252 applied (with modifications) (12.7.2023) by The Dee Estuary Conservancy Harbour Revision (No. 2) Order 2023 (S.I. 2023/690), arts. 1(1), 11 (with arts. 40, 41, 43)

[^key-f2318b23ee0a6233b2ff1841a4ca18db]: S. 252 applied (with modifications) (14.7.2023) by The Cornwall Harbours Harbour Revision Order 2023 (S.I. 2023/675), arts. 1(1), 60 (with arts. 65, 66)

[^key-c6eb4ec17aa8bcb19389a7160a43d3b2]: S. 96 applied (with modifications) (5.10.2023) by The Merchant Shipping (Inspections of Ro-Ro Passenger Ships and High-Speed Passenger Craft) Regulations 2023 (S.I. 2023/984), regs. 1(1), 8(13)(14) (with reg. 3)

[^key-ae6e09469b197676699bf5c9874b88ef]: S. 97 applied (with modifications) (5.10.2023) by The Merchant Shipping (Inspections of Ro-Ro Passenger Ships and High-Speed Passenger Craft) Regulations 2023 (S.I. 2023/984), regs. 1(1), 8(13)(14) (with reg. 3)

[^key-aedaca5836db80864151a851e0203a95]: S. 284 applied (with modifications) (5.10.2023) by The Merchant Shipping (Inspections of Ro-Ro Passenger Ships and High-Speed Passenger Craft) Regulations 2023 (S.I. 2023/984), regs. 1(1), 8(8) (with reg. 3)

[^key-62af813fa6e8ef1b9da5d2f98c4e88a3]: S. 190(7) inserted (18.11.2023) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(2)(b), Sch. 13 para. 17 (with s. 61)

[^key-156f5bd404259039d4d76f6f656b880d]: S. 96 applied (with modifications) (13.12.2023) by The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023 (S.I. 2023/1216), regs. 1(1), 22(4)(5) (with regs. 4, 6)

[^key-0d374dc9f52e14491d7a08bf5e690cf0]: S. 97 applied (with modifications) (13.12.2023) by The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023 (S.I. 2023/1216), regs. 1(1), 22(4)(5) (with regs. 4, 6)

[^key-972a808978ec1869a017d5304d525bb1]: S. 284 applied (with modifications) (13.12.2023) by The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023 (S.I. 2023/1216), regs. 1(1), 22(2) (with regs. 4, 6)

[^key-bb21e5610c00bc8b256e2e41c10f61ba]: S. 77(1) restricted (13.12.2023) by S.I. 1981/569, reg. 2 (as substituted by The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023 (S.I. 2023/1216), reg. 1(1), Sch. 2 para. 1(3) (with regs. 4, 6))

[^key-be35dafaba45e8923c95b8f2e26056a1]: S. 284 applied in part (with modifications) (14.12.2023) by The Iran (Sanctions) Regulations 2023 (S.I. 2023/1314), regs. 1(2), 49(8) (with regs. 98-100)

[^key-3095651a56acd0dd105c9d61bda088d6]: Ss. 96, 97 applied (with modifications) (2.4.2024) by The Merchant Shipping (Special Measures to Enhance Maritime Safety) Regulations 2024 (S.I. 2024/280), regs. 1(1), 11(5)(6) (with reg. 4)

[^key-b4d949d57e38808fc5291372058ea2b2]: S. 284 applied (with modifications) (2.4.2024) by The Merchant Shipping (Special Measures to Enhance Maritime Safety) Regulations 2024 (S.I. 2024/280), regs. 1(1), 11(3) (with reg. 4)

[^key-6ff87fcff8102d020da78c2a63b3a82c]: S. 96 applied (with modifications) (10.5.2024) by The Merchant Shipping (Anti-Fouling Systems) Regulations 2024 (S.I. 2024/509), regs. 1(1), 13(4)-(6) (with reg. 4)

[^key-d839ecc8891b6f8f7f98c445a8a83338]: S. 97 applied (with modifications) (10.5.2024) by The Merchant Shipping (Anti-Fouling Systems) Regulations 2024 (S.I. 2024/509), regs. 1(1), 13(4)-(6) (with reg. 4)

[^key-78c6c87992b62b5ca87fc93e2c77572e]: S. 284 applied (with modifications) (10.5.2024) by The Merchant Shipping (Anti-Fouling Systems) Regulations 2024 (S.I. 2024/509), regs. 1(1), 13(2) (with reg. 4)

[^key-09789b104b20cb5986395d0f39f93ead]: S. 96 applied (with modifications) (11.6.2024) by The Merchant Shipping (Carriage of Cargoes) Regulations 2024 (S.I. 2024/637), regs. 1(1), 18(5)(6) (with reg. 4)

[^key-de64618fae9f9ba6fb92812b519e6d4b]: S. 96 applied (with modifications) (11.6.2024) by The Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024 (S.I. 2024/636), regs. 1(1), 33(5)(6) (with reg. 4)

[^key-8cc3c18df1595056c9afbbb38e3aff3a]: S. 97 applied (with modifications) (11.6.2024) by The Merchant Shipping (Carriage of Cargoes) Regulations 2024 (S.I. 2024/637), regs. 1(1), 18(5)(6) (with reg. 4)

[^key-2b62d02b749646d5a565c7a78d17b2d3]: S. 97 applied (with modifications) (11.6.2024) by The Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024 (S.I. 2024/636), regs. 1(1), 33(5)(6) (with reg. 4)

[^key-833d4500a881c090e9b8f7becd1077b0]: S. 284 applied (with modifications) (11.6.2024) by The Merchant Shipping (Carriage of Cargoes) Regulations 2024 (S.I. 2024/637), regs. 1(1), 18(3) (with reg. 4)

[^key-38347cadef4688df51f736690bd3de02]: S. 284 applied (with modifications) (11.6.2024) by The Merchant Shipping (Carriage of Dangerous Goods and Harmful Substances) (Amendment) Regulations 2024 (S.I. 2024/636), regs. 1(1), 33(3) (with reg. 4)

[^key-cae1558d1396f96dc0de8a9277e7b295]: S. 216(1): limit increased (4.12.2024) by The Merchant Shipping (General Lighthouse Authorities) (Increase of Borrowing Limit) Order 2024 (S.I. 2024/1274), arts. 1(b), 2

[^key-72a49ce59aa02538b6c4c94b5f5b0e2f]: S. 252 modified (S.) (4.10.2025) by Cromarty Firth Port Authority Order Confirmation Act 1973 (c. xvi), s. 19(1)-(3) (as amended by The Cromarty Firth Port Authority Harbour Revision Order 2025 (S.S.I. 2025/279), arts. 1(1), 3(18))

[^key-33f02b739e29db3123fbf822993a66d2]: S. 252 modified (S.) (4.10.2025) by Cromarty Firth Port Authority Order Confirmation Act 1973 (c. xvi), s. 20 (as amended by The Cromarty Firth Port Authority Harbour Revision Order 2025 (S.S.I. 2025/279), arts. 1(1), 3(19)(a)-(d))

[^key-cbc5808bee70c3ef20b44881dae0fcee]: S. 201 incorporated (S.) (4.10.2025) by Cromarty Firth Port Authority Order Confirmation Act 1973 (c. xvi), s. 4(2) (as amended by The Cromarty Firth Port Authority Harbour Revision Order 2025 (S.S.I. 2025/279), arts. 1(1), 3(3)(c))

[^key-ac98273885594bc0d25583f0689dc2b2]: S. 204 incorporated (S.) (4.10.2025) by Cromarty Firth Port Authority Order Confirmation Act 1973 (c. xvi), s. 4(2) (as amended by The Cromarty Firth Port Authority Harbour Revision Order 2025 (S.S.I. 2025/279), arts. 1(1), 3(3)(c))

[^key-714bbd4ca64555a48ef30d9baca9b9b1]: Ss. 198, 199 incorporated (S.) (4.10.2025) by Cromarty Firth Port Authority Order Confirmation Act 1973 (c. xvi), s. 4(2) (as amended by The Cromarty Firth Port Authority Harbour Revision Order 2025 (S.S.I. 2025/279), arts. 1(1), 3(3)(c))

[^key-0a80c20a0e4b870a16358c0cddcd9c3b]: Ss. 267-270 extended (with modifications) (16.10.2025) by S.I. 1989/1350, art. 2 (as substituted by The Hovercraft (Application of Enactments) (Amendment) Order 2025 (S.I. 2025/1094), arts. 1(2), 2(2))

[^key-ac1793e613af0b924f498056774ab9d6]: Ss. 130A-130E extended (with modifications) (16.10.2025) by S.I. 1989/1350, art. 3 (as amended by The Hovercraft (Application of Enactments) (Amendment) Order 2025 (S.I. 2025/1094), arts. 1(2), 2(3)(d)(f))

[^key-762919b4f154852cb53de6323f7b4882]: Ss. 85, 86 extended (with modifications) (16.10.2025) by S.I. 1989/1350, art. 4 (as amended by The Hovercraft (Application of Enactments) (Amendment) Order 2025 (S.I. 2025/1094), arts. 1(2), 2(4))

[^key-3cc8f6f48f2c74321b2d68988619ad58]: S. 302 extended (with modifications) (16.10.2025) by S.I. 1989/1350, art. 6 (as inserted by The Hovercraft (Application of Enactments) (Amendment) Order 2025 (S.I. 2025/1094), arts. 1(2), 2(5))

[^key-c50af598b1b2162a29f17f9a389d311c]: S. 306A extended (with modifications) (16.10.2025) by S.I. 1989/1350, art. 7 (as inserted by The Hovercraft (Application of Enactments) (Amendment) Order 2025 (S.I. 2025/1094), arts. 1(2), 2(5))

[^key-30b3adf8422e846df7047eddb597611d]: S. 129 extended (with modifications) (16.10.2025) by S.I. 1989/1350, art. 3 (as amended by The Hovercraft (Application of Enactments) (Amendment) Order 2025 (S.I. 2025/1094), arts. 1(2), 2(3)(d)(f))

[^key-4b507fc3c2aed87123652c8218547540]: S. 96 applied (with modifications) (12.12.2025) by The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 (S.I. 2025/1195), regs. 1(1), 24(5)(6) (with reg. 4)

[^key-a35aac9509c93e6a83ff62b3153b87a1]: S. 97 applied (with modifications) (12.12.2025) by The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 (S.I. 2025/1195), regs. 1(1), 24(5)(6) (with reg. 4)

[^key-120f5725221322b9db9e7473208a4a4a]: S. 284 applied (with modifications) (12.12.2025) by The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025 (S.I. 2025/1195), regs. 1(1), 24(3) (with reg. 4)

[^key-33505131167db34976a1ab068c24322d]: S. 252 applied (15.12.2025) by The Portsmouth International Port and Camber Harbour Revision Order 2025 (S.I. 2025/1223), arts. 1(1), 52 (with arts. 31, 59-61)

[^key-6fd6e148b57278c327138f0e737797a9]: S. 96 applied (with modifications) (1.1.2026) by The Merchant Shipping (Polar Code) (Safety) Regulations 2025 (S.I. 2025/1234), regs. 1(1), 14(5)(6) (with reg. 4)

[^key-5496f55693ea518c7ef496d3008fb401]: S. 97 applied (with modifications) (1.1.2026) by The Merchant Shipping (Polar Code) (Safety) Regulations 2025 (S.I. 2025/1234), regs. 1(1), 14(5)(6) (with reg. 4)

[^key-441c64b6e5ad5978964dc620e2dae0d3]: S. 284 applied (with modifications) (1.1.2026) by The Merchant Shipping (Polar Code) (Safety) Regulations 2025 (S.I. 2025/1234), regs. 1(1), 14(3) (with reg. 4)

[^key-8b57e9a4617727195a2e80de2cb2109a]: S. 284(1)-(6) applied (with modifications) (5.1.2026) by The Merchant Shipping (Marine Equipment) Regulations 2025 (S.I. 2025/1280), regs. 1(1), 25(2) (with reg. 3)

[^key-5b965701c43c4cbab06c2777767ccbbc]: S. 284(8) applied (with modifications) (5.1.2026) by The Merchant Shipping (Marine Equipment) Regulations 2025 (S.I. 2025/1280), regs. 1(1), 25(2) (with reg. 3)

[^key-7f5bd8f50ee958b0f48787f681842843]: S. 96 applied (with modifications) (5.1.2026) by The Merchant Shipping (Marine Equipment) Regulations 2025 (S.I. 2025/1280), regs. 1(1), 25(4) (with reg. 3)

[^M_C_fca85e3f-6566-4a42-900f-5ce4f03ba73a]: S. 97 applied (with modifications) (5.1.2026) by The Merchant Shipping (Marine Equipment) Regulations 2025 (S.I. 2025/1280), regs. 1(1), 25(4) (with reg. 3)

[^key-6a07c5d767853282bdf9aae27a8ba9af]: S. 96 applied (with modifications) (19.1.2026) by The Merchant Shipping (Safety Measures for Ships Carrying Industrial Personnel and Special Personnel) Regulations 2025 (S.I. 2025/1298), regs. 1(1), 14(5)(6) (with reg. 4)

[^key-6ec9d934a3c7b069ddcbe7265439f3b6]: S. 97 applied (with modifications) (19.1.2026) by The Merchant Shipping (Safety Measures for Ships Carrying Industrial Personnel and Special Personnel) Regulations 2025 (S.I. 2025/1298), regs. 1(1), 14(5)(6) (with reg. 4)

[^key-36084ee805e00b2cd541af4274edfa89]: S. 284 applied (with modifications) (19.1.2026) by The Merchant Shipping (Safety Measures for Ships Carrying Industrial Personnel and Special Personnel) Regulations 2025 (S.I. 2025/1298), regs. 1(1), 14(3) (with reg. 4)

[^key-d5382707d9da31be12b155d0d639fe3e]: Pt. 3A inserted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 57(2), 159(3); S.I. 2026/3, reg. 3(6)

[^key-1791fa1c4e886696dad571458db98261]: Word in s. 306(2A)(a) inserted (18.2.2026) by Employment Rights Act 2025 (c. 36), ss. 57(3), 159(3); S.I. 2026/3, reg. 3(6)

[^M_C_f37ebde9-3b73-4f4c-8cae-e6a0cb1b132c]: Pt. 10: power to apply (with modifications) conferred (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 14(4)(g), 32(1) (with s. 30)

[^key-6e65686c791f5ff2a1f516f9527ec629]: S. 252 applied (20.2.2026) by The Lyme Regis, Bridport (West Bay) and Weymouth Harbour Revision Order 2026 (S.I. 2026/62), arts. 1(1), 44(1) (with arts. 30, 51, 52)

[^key-e457585efe8b886bec092315363ff333]: S. 252 restricted (20.2.2026) by The Lyme Regis, Bridport (West Bay) and Weymouth Harbour Revision Order 2026 (S.I. 2026/62), arts. 1(1), 44(5) (with arts. 30, 51, 52)

[^key-4f353887a6f62c00934b5d9b2a4f685b]: S. 216(1): limit increased (12.3.2026) by The Merchant Shipping (General Lighthouse Authorities) (Increase of Borrowing Limit) Order 2026 (S.I. 2026/258), arts. 1(b), 2

[^key-b2fc188aa10d903833dbe6dc2911c09d]: S. 96 applied (with modifications) (31.3.2026) by The Merchant Shipping (International Safety Management (ISM) Code) Regulations 2026 (S.I. 2026/194), regs. 1(1), 27(4)(5) (with reg. 5)

[^key-a2a6fe479e3dd6ee328b2f0aca2b9ea7]: S. 97 applied (with modifications) (31.3.2026) by The Merchant Shipping (International Safety Management (ISM) Code) Regulations 2026 (S.I. 2026/194), regs. 1(1), 27(4)(5) (with reg. 5)

[^key-37335416a8a032c31390dfab303904a5]: S. 284 applied (with modifications) (31.3.2026) by The Merchant Shipping (International Safety Management (ISM) Code) Regulations 2026 (S.I. 2026/194), regs. 1(1), 27(2) (with reg. 5)

[^key-0da4ed7efd8cb9c3704d497a870efee8]: S. 145 applied (with modifications) (31.3.2026) by The Merchant Shipping (International Safety Management (ISM) Code) Regulations 2026 (S.I. 2026/194), regs. 1(1), 27(11) (with reg. 5)

General power to dispense.

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

Conscious of the dangers posed by the world-wide carriage by sea of hazardous and noxious substances,

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

108A

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

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

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

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

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

SCHEDULE 3A

Direction following accident: person in control of ship

Direction following accident: person in control of land

2

• (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

• (c) the direction is necessary to remove or reduce the risk.

• (2) The direction may be given to a person in charge of coastal land or premises.

• (3) For the purposes of this paragraph—

• (a) a person is in charge of land or premises if he is wholly or partly able to control the use made of the land or premises, and

• (b) “coastal” means adjacent to or accessible from United Kingdom waters over which the public are permitted to navigate.

• (4) The direction may require the person to whom it is given to grant access or facilities to or in relation to the ship or any person or thing which is or was on the ship.

• (5) In particular, a direction may require a person—

• (a) to permit persons to land;

• (b) to make facilities available for the undertaking of repairs or other works;

• (c) to make facilities available for the landing, storage and disposal of cargo or of other things.

• (6) A direction under this paragraph—

• (a) must be given in writing, or

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

Other direction

3

• (1) The Secretary of State may give a direction in respect of a ship under this paragraph if in his opinion it is necessary for the purpose of—

• (a) securing the safety of the ship or of other ships;

• (b) securing the safety of persons or property;

• (c) preventing or reducing pollution.

• (2) The direction may be given to—

• (a) the owner of the ship;

• (b) a person in possession of the ship;

• (c) the master of the ship.

• (3) The direction may require the person to whom it is given to ensure that—

• (a) the ship is moved or not moved from a specified place or area in United Kingdom waters;

• (b) the ship is moved or not moved to a specified place or area in United Kingdom waters;

• (c) the ship is moved or not moved over a specified route in United Kingdom waters;

• (d) the ship is removed from United Kingdom waters.

Action in lieu of direction

4

• (1) This paragraph applies where the Secretary of State thinks—

• (a) that circumstances exist which would entitle him to give a direction under this Schedule, but

• (b) that the giving of a direction would not be likely to achieve a sufficient result.

• (2) This paragraph also applies where—

• (a) the Secretary of State has given a direction under this Schedule, but

• (b) in his opinion the direction has not achieved a sufficient result.

• (3) The Secretary of State may take such action as appears to him necessary or expedient for the purpose for which the direction could have been given or was given.

• (4) In particular, the Secretary of State may—

• (a) authorise a person to enter land or make use of facilities;

• (b) do or authorise a person to do anything which the Secretary of State could require a person to do by a direction;

• (c) authorise a person to assume control of a ship;

• (d) make arrangements or authorise the making of arrangements for the sinking or destruction of a ship.

Enforcement

5

A person to whom a direction is given under this Schedule—

• (a) must comply with the direction, and

• (b) must try to comply with the direction in a manner which avoids risk to human life.

Enforcement

6

• (1) A person commits an offence if he contravenes paragraph 5(a).

• (2) It is a defence for a person charged with an offence under sub-paragraph (1) to prove—

• (a) that he tried as hard as he could to comply with the relevant direction, or

• (b) that he reasonably believed that compliance with the direction would involve a serious risk to human life.

Enforcement

7

A person commits an offence if he intentionally obstructs a person who is—

• (a) acting on behalf of the Secretary of State in connection with the giving of a direction under this Schedule,

• (b) complying with a direction under this Schedule, or

• (c) acting by virtue of paragraph 4.

Enforcement

8

A person guilty of an offence under paragraph 6 or 7 shall be 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.

Enforcement

9

• (1) Proceedings for an offence under paragraph 6 or 7 may be brought in England and Wales only—

• (a) by or with the consent of the Attorney General, or

• (b) by or with the authority of the Secretary of State.

• (2) Proceedings for an offence under paragraph 6 or 7 may be brought in Northern Ireland only—

• (a) by or with the consent of the Attorney General for Northern Ireland, or

• (b) by or with the authority of the Secretary of State.

Variation and revocation

10

• (1) A direction under this Schedule may be varied or revoked by a further direction.

• (2) If the Secretary of State thinks that a direction under this Schedule is wholly or partly no longer necessary for the purpose for which it was given, he shall vary or revoke the direction as soon as is reasonably practicable.

• (3) Where the Secretary of State has given a direction to a person under this Schedule he shall consider any representations about varying or revoking the direction which are made to him by that person.

Procedure

11

Where the Secretary of State—

• (a) proposes to give a direction under this Schedule to a company or other body, and

• (b) thinks that section 1139 of the Companies Act 2006 (service of documents on company) does not apply,

the direction may be served in such manner as the Secretary of State thinks most suitable.

Procedure

12

A person acting on behalf of the Secretary of State may—

• (a) board a ship for the purpose of serving a direction under this Schedule;

• (b) enter land or premises for that purpose.

Procedure

13

Before giving a direction under paragraph 2 in respect of land or premises the Secretary of State shall, unless he thinks that it is not reasonably practicable—

• (a) give the person to whom he proposes to give the direction an opportunity to make representations, and

• (b) consider any representations made.

Unreasonable loss and damage

14

• (1) This paragraph applies where action taken in accordance with a direction under this Schedule or by virtue of paragraph 4 (“remedial action”)—

• (a) was not reasonably necessary for the purpose for which the direction was given, or

• (b) caused loss or damage which could not be justified by reference to that purpose.

• (2) The Secretary of State shall pay compensation to any person who—

• (a) suffered loss or damage as a result of the remedial action (whether it was taken by him or someone else), and

• (b) applies to the Secretary of State for compensation.

• (3) In considering what is reasonably necessary or justifiable for the purpose of sub-paragraph (1) account shall be taken of—

• (a) the extent of the risk to safety or threat of pollution which the direction was intended to address,

• (b) the likelihood of the remedial action being effective, and

• (c) the extent of the loss or damage caused by the remedial action.

Expenses

15

• (1) This paragraph applies where—

• (a) a direction is given to a person in respect of a ship under paragraph 2, or

• (b) the Secretary of State relies on paragraph 4 to take or authorise action in respect of a ship in lieu of a direction under paragraph 2.

• (2) The person to whom a direction is given shall be entitled to recover the costs of his compliance with the direction from the owner of the ship.

• (3) A person in charge of coastal land or premises shall be entitled to recover from the owner of the ship costs incurred by him as a result of action taken by virtue of paragraph 4 in relation to that land or premises.

• (4) The Secretary of State may make payments to a person on account of sums recoverable by that person under sub-paragraph (2) or (3).

• (5) The Secretary of State shall be entitled to recover from the owner of the ship—

• (a) costs incurred in connection with the giving of a direction;

• (b) costs incurred in connection with action taken under paragraph 4;

• (c) costs incurred under sub-paragraph (4).

• (6) A right under sub-paragraph (2), (3) or (5) permits the recovery of costs only in so far as they are not recoverable—

• (a) under another enactment,

• (b) by virtue of an agreement, or

• (c) under the law relating to salvage.

Jurisdiction

16

The Admiralty jurisdiction of the High Court and of the Court of Session shall include jurisdiction to hear and determine any claim arising under paragraph 14 or 15.

Ships to which Schedule applies

17

A direction under paragraph 1 or 2, in so far as it relates to a risk of pollution, may have effect in respect of a ship only if it—

• (a) is a United Kingdom ship, or

• (b) is in United Kingdom waters or an area of the sea specified under section 129(2)(b).

Ships to which Schedule applies

18

• (1) Her Majesty may by Order in Council provide that a direction under paragraph 1 or 2, in so far as it relates to a risk of pollution, may have effect in respect of a ship which—

• (a) is not a United Kingdom ship, and

• (b) is not in United Kingdom waters or an area of the sea specified under section 129(2)(b).

• (2) An Order in Council under this paragraph—

• (a) may be expressed to apply generally or only in specified circumstances;

• (b) may make different provision for different circumstances;

• (c) may provide for this Schedule to have effect in cases to which the Order in Council applies with specified modifications;

• (d) may contain transitional or consequential provision (including provision amending an enactment).

Ships to which Schedule applies

19

A direction under paragraph 1 or 2, in so far as it relates to a risk to safety, may have effect in respect of a ship only if it is in United Kingdom waters and—

• (a) it is not a qualifying foreign ship, or

• (b) it is a qualifying foreign ship which in the Secretary of State’s opinion is exercising neither the right of innocent passage nor the right of transit passage through straits used for international navigation.

Ships to which Schedule applies

20

• (1) A direction under paragraph 3 may have effect in respect of a ship only if it is in United Kingdom waters and—

• (a) it is not a qualifying foreign ship, or

• (b) it is a qualifying foreign ship which in the Secretary of State’s opinion is exercising neither the right of innocent passage nor the right of transit passage through straits used for international navigation.

• (2) A direction may not be given under paragraph 3(3)(d) in respect of a United Kingdom ship.

Ships to which Schedule applies

21

A direction may not be given under paragraph 1(2)(a) to (d) or 3 in respect of—

• (a) a ship of Her Majesty’s Navy, or

• (b) a Government ship.

Interpretation

22

• (1) In this Schedule—

• “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,

• “action” includes omission,

• “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,

• “harbour authority” has the meaning given by section 151(1),

• “harbour master” includes a dock master or pier master, and any person specially appointed by a harbour authority for the purpose of enforcing the provisions of this Schedule in relation to the harbour,

• “hazardous substance” has the meaning given by sub-paragraph (2),

• “owner”, in relation to the ship to or in which an accident has occurred, includes its owner at the time of the accident,

• “pilot” means a person who does not belong to a ship but who has the conduct of it,

• “pollution” means significant pollution in the United Kingdom, United Kingdom waters or an area of the sea specified under section 129(2)(b), and

• “risk to safety” means a risk to the safety of persons, property or anything navigating in or using United Kingdom waters.

• (2) In this Schedule “hazardous substance” means—

• (a) oil (within the meaning given by section 151(1)),

• (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

• (c) any substance prescribed by order of the Secretary of State.

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

• (c) the direction is necessary to remove or reduce the risk.

• (2) The direction may be given to—

• (a) the owner of the ship,

• (b) a person in possession of the ship,

• (c) the master 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;

• (c) anything which forms or formed part of 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;

• (c) that cargo is or is not unloaded or discharged;

• (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

• (c) for any damage caused in the territory of the United Kingdom by any measures so taken.

• (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

• (c) may be prospective or retrospective.

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;

• (c) a conservancy 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .