Merchant Shipping Act 1995

[F1 Supplemental U.K.

Textual Amendments

F1 Pt. 9A inserted (5.2.2015 for the insertion of ss. 255A, 255J, 255N, 255R for specified purposes, 14.4.2015 in so far as not already in force) by Wreck Removal Convention Act 2011 (c. 8), ss. 1(2), 2(2); S.I. 2015/133, arts. 2, 3

255R Interpretation etc. U.K.

(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 Government ships U.K.

(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 Saving U.K.

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 Power to amend U.K.

(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.]