Merchant Shipping and Maritime Security Act 1997

Extension of powers to deal with emergencies at sea

Temporary exclusion zones

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In the Merchant Shipping Act 1995 (in this Act referred to as “the 1995 Act”), after section 100 there is inserted—

(100A) (1) Subsection (2) below applies where a ship, structure or other thing— (a) is in United Kingdom waters or a part of the sea specified by virtue of section 129(2)(b); and (b) is wrecked, damaged or in distress; and in this section and section 100B “the relevant casualty” means that ship, structure or other thing. (2) If it appears to the Secretary of State— (a) that significant harm will or may occur as a direct or indirect result of the relevant casualty being wrecked, damaged or in distress, and (b) that if access to an area around the relevant casualty were restricted in accordance with section 100B, significant harm, or the risk of such harm, would be prevented or reduced, he may by direction identify an area to which access is so restricted (“a temporary exclusion zone”). (3) In this section “significant harm” means— (a) significant pollution in the United Kingdom, in United Kingdom waters or in a part of the sea specified by virtue of section 129(2)(b); or (b) significant damage to persons or property. (4) A temporary exclusion zone may not include any area which is neither within United Kingdom waters nor within a part of the sea specified by virtue of section 129(2)(b). (5) If it appears to the Secretary of State at any time after a temporary exclusion zone is established that the zone is larger than is needed for the purpose of preventing or reducing significant harm, or the risk of such harm, he shall by direction vary the direction establishing the zone accordingly. (6) Subject to subsections (4) and (5) above, a temporary exclusion zone may be identified by reference to the position of the relevant casualty from time to time. (7) If it appears to the Secretary of State at any time after a temporary exclusion zone is established that the zone is not needed for the purpose of preventing or reducing significant harm, or the risk of such harm, he shall by direction revoke the direction establishing the zone. (8) Where the Secretary of State gives a direction under this section, he shall— (a) as soon as practicable, publish it in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it; and (b) within the period of 24 hours from the giving of the direction, send a copy of it to the International Maritime Organization. (9) Subsection (2) above does not apply where an order under section 2 of the Protection of Wrecks Act 1973 has effect in relation to the relevant casualty. (100B) (1) If a direction establishing a temporary exclusion zone contains a statement of a description mentioned in subsection (2) below, then, subject to subsection (4) below, no ship shall enter or remain in the zone. (2) The statement is one to the effect that the direction is given for the purpose of preventing or reducing significant pollution, or the risk of significant pollution, in the United Kingdom, in United Kingdom waters or in a part of the sea specified by virtue of section 129(2)(b). (3) If a direction establishing a temporary exclusion zone does not contain a statement of a description mentioned in subsection (2) above, then, subject to subsections (4) and (5) below— (a) no ship shall enter or remain in any part of the zone that is in United Kingdom waters; and (b) no United Kingdom ship shall enter or remain in any part of the zone that is in a part of the sea specified by virtue of section 129(2)(b). (4) A ship may enter or remain in a temporary exclusion zone or a part of such a zone if it does so— (a) in accordance with the direction establishing the zone; (b) with the consent of the Secretary of State; or (c) in accordance with regulations made by the Secretary of State for the purposes of this section. (5) A qualifying foreign ship may enter a temporary exclusion zone or a part of such a zone if in doing so it is exercising the right of transit passage through straits used for international navigation. (6) If a ship enters or remains in a temporary exclusion zone or a part of such a zone in contravention of subsection (1) or (3) above then, subject to subsection (7) below, its owner and its master shall each be guilty of an offence and liable— (a) on summary conviction, to a fine not exceeding £50,000; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. (7) It shall be a defence for a person charged with an offence under this section to prove that the existence or area of the temporary exclusion zone was not, and would not on reasonable enquiry have become, known to the master.

Powers of intervention where shipping accident threatens pollution

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Powers of intervention in cases of pollution by substances other than oil

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Powers of fire authorities

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Pollution control and marine safety

Waste reception facilities at harbours

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In Part VI of the 1995 Act (prevention of pollution), after Chapter I there is inserted—

(130A) (1) The Secretary of State may by regulations make such provision as he considers appropriate in relation to— (a) the provision at harbours in the United Kingdom of facilities for the reception of waste from ships (in this Chapter referred to as “waste reception facilities”); and (b) the use of waste reception facilities provided at such harbours. (2) In making the regulations, the Secretary of State shall take into account the need to give effect to provisions— (a) which are contained in any international agreement mentioned in section 128(1) which has been ratified by the United Kingdom; and (b) which relate to waste reception facilities. (3) Sections 130B to 130D make further provision with respect to the regulations that may be made under this section. (130B) (1) The regulations may make provision requiring a harbour authority for a harbour in the United Kingdom— (a) in such circumstances as may be prescribed, to prepare a plan with respect to the provision and use of waste reception facilities at the harbour; and (b) to submit the plan to the Secretary of State for approval. (2) The regulations may make provision requiring a person— (a) if directed to do so by the Secretary of State, to prepare a plan with respect to the provision and use of waste reception facilities at any terminals operated by him within a harbour which is in the United Kingdom and is specified in the direction; and (b) to submit the plan to the Secretary of State for approval. (3) For the purposes of this Chapter— (a) “terminal” means any terminal, jetty, pier, floating structure or other works within a harbour at which ships can obtain shelter or ship and unship goods or passengers; and (b) a person operates a terminal if activities at the terminal are under his control. (4) In the following provisions of this section, “waste management plan” means a plan of a description mentioned in subsection (1) or (2) above. (5) The regulations may make provision with respect to the form and content of waste management plans and may in particular require such plans to include— (a) proposals as to the information to be provided about waste reception facilities to those who are expected to use them; (b) proposals designed to ensure that adequate provision will be made for the disposal of waste deposited in waste reception facilities; and (c) proposals about how costs incurred in establishing and running waste reception facilities will be recovered. (6) The regulations may require a person preparing a waste management plan to have regard to such matters as the Secretary of State may prescribe or in a particular case direct. (7) The regulations may make provision as to the procedures to be followed in connection with waste management plans and may in particular— (a) require a person preparing a waste management plan to consult such persons as the Secretary of State may prescribe or in a particular case direct; (b) enable the Secretary of State to approve waste management plans with or without modification or to reject such plans; (c) enable the Secretary of State, if he is satisfied that a person who is required to prepare a waste management plan is not taking any steps necessary in connection with the preparation of the plan, to prepare such a plan; (d) require harbour authorities and persons operating terminals to implement waste management plans once approved, or to take such steps as the Secretary of State may in a particular case direct for the purpose of securing that approved plans are implemented; (e) enable waste management plans, in such circumstances as may be prescribed, to be withdrawn, altered or replaced. (130C) (1) The regulations may make provision enabling a statutory harbour authority, on levying ship, passenger and goods dues, to impose charges for the purpose of recovering the whole or a part of the costs of the provision by or on behalf of the authority of waste reception facilities at the harbour. (2) The regulations may make provision requiring the master of a ship— (a) if reasonably required to do so by a Departmental officer, or (b) in such other circumstances as may be prescribed, to deposit any waste carried by the ship, or any prescribed description of such waste, in waste reception facilities provided at a harbour in the United Kingdom. (3) The regulations may make provision— (a) for the reference to arbitration of questions as to whether requirements made under regulations made in pursuance of subsection (2)(a) above were reasonable, and (b) for compensation to be payable by the Secretary of State where a requirement is found to have been unreasonable. (4) The regulations may make— (a) provision prohibiting the imposition by persons providing waste reception facilities at harbours in the United Kingdom of charges for the depositing of waste, or any prescribed description of waste, in the facilities; or (b) provision authorising the imposition by such persons of such charges subject to such restrictions as may be prescribed. (5) The regulations may provide for charges to be imposed by virtue of subsection (4)(b) above— (a) even though the charges are for the depositing of waste in compliance with a requirement imposed by virtue of subsection (2) above; and (b) even though charges are also imposed by virtue of subsection (1) above. (6) Subsections (7) to (9) below apply if the regulations make provision enabling a statutory harbour authority to impose charges of a description mentioned in subsection (1) above. (7) The regulations may require information about the charges to be published in a way that is designed to bring the charges to the notice of persons likely to be affected. (8) The regulations may provide for the charges to be reduced at the instance of the Secretary of State following the making of an objection by a person of a prescribed description. (9) Regulations made by virtue of subsection (8) above may in particular make provision which corresponds to that made by section 31(3) to (12) of the Harbours Act 1964. (10) The regulations may make provision as to the recovery of any charges imposed by virtue of this section. (130D) (1) The regulations may provide that where a person contravenes a requirement under the regulations he is guilty of an offence and is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum, and (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. (2) The regulations may— (a) provide for exemptions from any provision of the regulations; (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; (c) make different provision for different cases; (d) include such incidental, supplemental and transitional provision as appears to the Secretary of State to be expedient. (3) Regulations under section 130A which contain any provision of a description mentioned in section 130C (whether or not they also contain other provision) shall not be made unless a draft of the statutory instrument containing the regulations has been laid before and approved by a resolution of each House of Parliament. (4) A statutory instrument containing regulations under section 130A to which subsection (3) above does not apply (including regulations which revoke provision of a description mentioned in section 130C but do not contain any other provision made by virtue of section 130C) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (130E) In this Chapter— - “prescribe” means prescribe by regulations; - “ship, passenger and goods dues” has the same meaning— 1. in relation to Great Britain, as in the Harbours Act 1964; and 2. in relation to Northern Ireland, as in the Harbours Act (Northern Ireland) 1970; - “waste reception facilities” has the meaning given by section 130A(1).

Indemnities in connection with counter-pollution measures

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In section 293 of the 1995 Act (functions of Secretary of State in relation to marine pollution), after subsection (4) there is inserted—

(4A) Where under subsection (1) above the Secretary of State agrees that another person shall take any measures to prevent, reduce or minimise the effects of marine pollution, he may agree to indemnify that other person in respect of liabilities incurred by that person in connection with the taking of the measures.

Increased penalty for causing pollution, etc

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• (1) In section 131(3)(a) of the 1995 Act (fine on summary conviction of offence of discharging oil into certain United Kingdom waters), for “£50,000” there is substituted “ £250,000 ”.

• (2) Subsection (1) applies in relation to fines imposed in respect of offences committed after the commencement of this section.

• (3) In section 144(4)(c)(i) and (ii) of the 1995 Act (security for release of ship in case where offence under section 131 suspected) for “£55,000”, in both places where it occurs, there is substituted “ £255,000 ”.

• (4) Subsection (3) applies in relation to ships detained after the commencement of this section.

• (5) Nothing in this section affects any Order in Council or instrument which is in force immediately before the commencement of this section and which—

• (a) applies section 131(3) of the 1995 Act; or

• (b) makes provision corresponding to that made in connection with offences under section 131 by section 144(4) of the 1995 Act.

• (6) Subsection (7) applies where immediately before the commencement of this section there is in force any Order in Council made under section 128(1) of the 1995 Act that confers power by any instrument made under the Order—

• (a) to apply section 131(3) of the 1995 Act; or

• (b) to make provision corresponding to that made in connection with offences under section 131 by section 144(4) of the 1995 Act.

• (7) The power conferred by the Order in Council shall be construed as a power to apply section 131(3) as amended by subsection (1) or (as the case may be) to make provision corresponding to that made by section 144(4) as amended by subsection (3).

Safety regulations

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• (1) Section 85 of the 1995 Act (safety and health on ships) is amended as mentioned in subsections (2) to (5).

• (2) In subsection (1), for paragraphs (b) and (c) and the words following paragraph (c) there is substituted—

(b) for securing the safety of other ships and persons on them while they are within United Kingdom waters and for protecting the health of persons on ships other than United Kingdom ships while they are within United Kingdom waters.

• (3) After subsection (1) there is inserted—

(1A) Except as provided by subsection (1B) below, safety regulations shall not apply in relation to— (a) a qualifying foreign ship while it is exercising— (i) the right of innocent passage; or (ii) the right of transit passage through straits used for international navigation; or (b) persons on such a ship while it is exercising any such right. (1B) Safety regulations shall apply in relation to a qualifying foreign ship, and persons on such a ship, even though the ship is exercising a right mentioned in subsection (1A)(a) above, to the extent that the safety regulations give effect to any provisions of an international agreement ratified by the United Kingdom so far as it relates to the safety of ships or persons on them or to the protection of the health of persons on ships.

• (4) In subsection (3)—

• (a) the words from “and regulations” to “ relates to safety ” are omitted; and

• (b) for “paragraph (a), (b) or (c)” there is substituted “ paragraph (a) or (b) ”.

• (5) In subsection (4) for “subsection (1)(a)” there is substituted “ subsection (1) ”.

• (6) Section 86(5) and (6) of the 1995 Act (under which certain safety regulations are subject to affirmative resolution procedure) shall cease to have effect.

Inspection and detention of ships

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Schedule 1 (amendments of the 1995 Act relating to the inspection and detention of ships) shall have effect.

Power to require ships to be moved

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Ships receiving trans-shipped fish

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After section 100E of the 1995 Act (which is inserted by section 10 of this Act) there is inserted—