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Merchant Shipping Act 1995

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Merchant Shipping Act 1995, Cross Heading: Enforcement is up to date with all changes known to be in force on or before 10 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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EnforcementU.K.

142 Oil records.U.K.

(1)The Secretary of State may make regulations requiring oil record books to be carried in United Kingdom ships and requiring the master of any such ship to record in the oil record book carried by it—

(a)the carrying out, on board or in connection with the ship, of such of the following operations as may be prescribed relating to—

(i)the loading of oil cargo,

(ii)the transfer of oil cargo during a voyage,

(iii)the discharge of oil cargo,

(iv)the ballasting of oil tanks (whether cargo or bunker fuel tanks) and the discharge of ballast from, and cleaning of, such tanks,

(v)the separation of oil from water, or from other substances, in any mixture containing oil,

(vi)the disposal of any oil or water, or any other substance, arising from operations relating to any of the matters specified in (i) to (v) above, or

(vii)the disposal of any other oil residues;

(b)any occasion on which oil or a mixture containing oil is discharged from the ship for the purpose of securing the safety of any ship, or of preventing damage to any ship or cargo, or of saving life;

(c)any occasion on which oil or a mixture containing oil is found to be escaping, or to have escaped, from the ship in consequence of damage to the ship, or by reason of leakage.

(2)The Secretary of State may make regulations requiring the keeping of records relating to the transfer of oil to and from ships while they are within United Kingdom waters; and the requirements of any regulations made under this subsection shall be in addition to the requirements of any regulations made under subsection (1) above.

(3)Any records required to be kept by regulations made under subsection (2) above shall, unless the ship is a barge, be kept by the master of the ship, and shall, if the ship is a barge, be kept, in so far as they relate to the transfer of oil to the barge, by the person supplying the oil and, in so far as they relate to the transfer of oil from the barge, by the person to whom the oil is delivered.

(4)Regulations under this section requiring the carrying of oil record books or the keeping of records may—

(a)prescribe the form of the oil record books or records and the nature of the entries to be made in them;

(b)require the person providing or keeping the books or records to retain them for a prescribed period;

(c)require that person, at the end of the prescribed period, to transmit the books or records to a place or person determined by or under the regulations;

(d)provide for the custody or disposal of the books or records after their transmission to such a place or person.

(5)Regulations under this section may—

(a)be made with respect to all or with respect to any one or more of the classes of ship or other matters to which this section relates;

(b)make different provision for different classes of ship or otherwise for different classes of case or different circumstances.

(6)If any ship fails to carry such an oil record book as it is required to carry under this section the owner or master shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7)If any person fails to comply with any requirements imposed on him by or under this section, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(8)If any person makes an entry in any oil record book carried or record kept under this section which is to his knowledge false or misleading in any material particular, he shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, or imprisonment for a term not exceeding six months, or both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.

(9)In any proceedings under this Chapter—

(a)any oil record book carried or record kept in pursuance of regulations made under this section shall be admissible as evidence, and in Scotland shall be sufficient evidence, of the facts stated in it;

(b)any copy of an entry in such an oil record book or record which is certified by the master of the ship in which the book is carried or by the person by whom the record is required to be kept to be a true copy of the entry shall be admissible as evidence, and in Scotland shall be sufficient evidence, of the facts stated in the entry;

(c)any document purporting to be an oil record book carried or record kept in pursuance of regulations made under this section, or purporting to be such a certified copy as is mentioned in paragraph (b) above, shall, unless the contrary is proved, be presumed to be such a book, record or copy, as the case may be.

(10)In this section “barge” includes a lighter and any similar vessel.

143 Prosecutions and enforcement of fines.U.K.

(1)Proceedings for an offence under this Chapter may, in England and Wales be brought only—

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

(b)if the offence is one to which subsection (4) below applies, by the harbour authority, or

(c)unless the offence is one mentioned in subsection (4)(b) or (c) below, by the Secretary of State or a person authorised by any general or special direction of the Secretary of State.

(2)Subject to subsection (3) below, proceedings for an offence under this Chapter may, in Northern Ireland, be brought only—

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

(b)if the offence is one to which subsection (4) below applies, by a harbour authority, or

(c)unless the offence is one mentioned in subsection (4)(b) or (c) below, by the Secretary of State or a person authorised by any general or special direction of the Secretary of State.

(3)Subsection (2) above shall have effect in relation to proceedings for an offence under section 131 relating to the discharge of oil or a mixture containing oil from a ship in a harbour in Northern Ireland as if the references in paragraph (c) to the Secretary of State were references to the Secretary of State or the Department of the Environment for Northern Ireland.

(4)This subsection applies to the following offences—

(a)any offence under section 131 which is alleged to have been committed by the discharge of oil, or a mixture containing oil, into the waters of a harbour in the United Kingdom;

(b)any offence in relation to a harbour in the United Kingdom under section 135 or 136; and

(c)any offence under section 142 relating to the keeping of records of the transfer of oil within such a harbour.

(5)The preceding provisions of this section shall apply in relation to any part of a dockyard port within the meaning of the M1Dockyard Ports Regulation Act 1865 as follows—

(a)if that part is comprised in a harbour in the United Kingdom, the reference to the harbour authority shall be construed as including a reference to the Queen’s harbour master for the port;

(b)if that part is not comprised in a harbour in the United Kingdom, the references to such a harbour shall be construed as references to such a dockyard port and the reference to the harbour authority as a reference to the Queen’s harbour master for the port.

(6)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 section 131 alleged to have been committed by the company as the owner of the ship shall be treated as duly served on that company if the document is served on the master of the ship.

[F1In this subsection “foreign company” means a company or body which is not one to which section 1139 of the Companies Act 2006 applies so as to authorise service of the document in question.]

(7)Any person authorised to serve any document for the purposes of the institution of, or otherwise in connection with, proceedings for an offence under this Chapter shall, for that purpose, have the right to go on board the ship in question.

Textual Amendments

Modifications etc. (not altering text)

C1S. 143(6) applied (with modifications) (1.7.1998) by S.I. 1998/1377, reg. 15(1)

C10S. 143(6): power to apply (with modifications) conferred (15.12.2022) by The Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Order 2022 (S.I. 2022/1334), arts. 1(1), 4(e)(i)

Marginal Citations

144 Power to detain ships for section 131 offences.U.K.

(1)Where a harbour master has reason to believe that the master or owner of a ship has committed an offence under section 131 by the discharge from the ship of oil, or a mixture containing oil, into the waters of the harbour, the harbour master may detain the ship.

(2)Section 284, in its application to the detention of a ship under this section, shall have effect with the omission of subsections (1), (6) and (7) and as if—

(a)in subsection (2), the reference to competent authority were a reference to the harbour authority; and

(b)in subsection (4), the persons in relation to whom that subsection applies were the harbour master or any person acting on his behalf.

(3)Where a harbour master detains a ship other than a United Kingdom ship under this section he shall immediately notify the Secretary of State, who shall then inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State.

In this subsection “United Kingdom ship” has the same meaning as in section 85.

(4)A harbour master who detains a ship under this section shall immediately release the ship—

(a)if no proceedings for the offence are instituted within the period of seven days beginning with the day on which the ship is detained;

(b)if proceedings for the offence, having been instituted within that period, are concluded without the master or owner being convicted;

(c)if either—

(i)the sum of [F2£255,000] is paid to the harbour authority by way of security, or

(ii)security which, in the opinion of the harbour authority, is satisfactory and is for an amount not less than [F2£255,000] is given to the harbour authority,

by or on behalf of the master or owner; or

(d)where the master or owner is convicted of the offence, if any costs or expenses ordered to be paid by him, and any fine imposed on him, have been paid.

(5)The harbour authority shall repay any sum paid in pursuance of subsection (4)(c) above or release any security so given—

(a)if no proceedings for the offence are instituted within the period of seven days beginning with the day on which the sum is paid; or

(b)if proceedings for the offence, having been instituted within that period, are concluded without the master or owner being convicted.

(6)Where a sum has been paid, or security has been given, by any person in pursuance of subsection (4)(c) above and the master or owner is convicted of the offence, the sum so paid or the amount made available under the security shall be applied as follows—

(a)first in payment of any costs or expenses ordered by the court to be paid by the master or owner; and

(b)next in payment of any fine imposed by the court;

and any balance shall be repaid to the first-mentioned person.

(7)Any reference in this section to a harbour master or a harbour authority shall, where the harbour in question consists of or includes the whole or any part of a dockyard port within the meaning of the M2Dockyard Ports Regulation Act 1865, be construed as including a reference to the Queen’s harbour master for the port.

(8)This section does not apply in relation to a ship of Her Majesty’s navy or any Government ship.

Textual Amendments

F2Sums in s. 144(4)(c)(i)(ii) substituted (17.7.1997) by 1997 c. 28, s. 7(3)(4) (with s. 7(5)); S.I. 1997/1539, art. 2, Sch.

Modifications etc. (not altering text)

Marginal Citations

145 Interpretation of section 144U.K.

(1)This section has effect for the interpretation of the references in section 144 to the institution of proceedings or their conclusion without the master or owner of a ship being convicted of an offence under section 131.

(2)For the purposes of section 144 in its application to England and Wales—

(a)proceedings for an offence under section 131 are instituted—

(i)when a justice of the peace issues a summons or warrant under section 1 of the M3Magistrates’ Courts Act 1980 in respect of the offence;

(ii)when a person is charged with the offence after being taken into custody without a warrant;

(iii)when a bill of indictment is preferred under section 2(2)(b) of the M4Administration of Justice (Miscellaneous Provisions) Act 1933; and

(b)proceedings for the offence are concluded without the master or owner being convicted on the occurrence of one of the following events—

(i)the discontinuance of the proceedings;

(ii)the acquittal of the master or owner;

(iii)the quashing of the master’s or owner’s conviction of the offence;

(iv)the grant of Her Majesty’s pardon in respect of the master’s or owner’s conviction of the offence.

(3)For the purposes of section 144 in its application to Northern Ireland—

(a)proceedings for an offence under section 131 are instituted—

(i)when a justice of the peace issues a summons or warrant under Article 20 of the M5Magistrates’ Courts (Northern Ireland) Order 1981;

(ii)when a person is charged with the offence after being taken into custody without a warrant;

(iii)when an indictment is presented under section 2(2)(c), (e) or (f) of the M6Grand Jury (Abolition) Act (Northern Ireland) 1969; and

(b)proceedings for an offence under section 131 are concluded without the master or owner being convicted on the occurrence of one of the following events—

(i)the discontinuance of the proceedings;

(ii)the acquittal of the master or owner;

(iii)the quashing of the master’s or owner’s conviction of the offence;

(iv)the grant of Her Majesty’s pardon in respect of the master’s or owner’s conviction of the offence.

(4)Where the application of subsection (2)(a) or (3)(a) above would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.

(5)For the purposes of section 144 in its application to Scotland—

(a)proceedings for an offence under section 131 are instituted—

(i)on the granting by the sheriff of a warrant in respect of the offence on presentation of a petition under section 12 of the M7Criminal Procedure (Scotland) Act 1975;

(ii)when, in the absence of a warrant or citation, the master or owner is first brought before a court competent to deal with the case;

(iii)when, in a case where he is liberated upon a written undertaking in terms of section 18(2)(a), 294(2)(a) or 295(1)(a) of the Criminal Procedure (Scotland) Act 1975, the master or owner appears at the specified time;

(iv)when, in a case mentioned in (iii) above where the master or owner fails to appear at the specified court at the specified time, the court grants warrant for his apprehension;

(v)when summary proceedings are commenced in terms of section 331(3) of the Criminal Procedure (Scotland) Act 1975;

(b)proceedings for an offence under section 131 are concluded without the master or owner being convicted on the occurrence of one of the following events—

(i)the court makes a finding of not guilty or not proven against the master or owner in respect of the offence;

(ii)the proceedings are expressly abandoned (other thanpro loco et tempore) by the prosecutor or are deserted simpliciter;

(iii)the conviction is quashed;

(iv)the accused receives Her Majesty’s pardon in respect of the conviction.

Modifications etc. (not altering text)

C19S. 145 applied (with modifications) (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 (S.I. 2007/3077), regs. 1, 16(7)

C20S. 145 applied (with modifications) (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 (S.I. 2007/3075), regs. 1, 17(7)

Marginal Citations

146 Enforcement and application of fines.U.K.

(1)Where a fine imposed by a court in proceedings against the owner or master of a ship for an offence under this Chapter is not paid, or any costs or expenses ordered to be paid by him are not paid, at the time ordered by the court, the court shall, in addition to any other powers of enforcing payment, have power—

(a)except in Scotland, to direct the amount remaining unpaid to be levied by distress,

(b)in Scotland, to grant warrant authorising the arrestment and sale,

of the ship and its equipment.

(2)Where a person is convicted of an offence under section 131, and the court imposes a fine in respect of the offence, then, if it appears to the court that any person has incurred, or will incur, expenses in removing any pollution, or making good any damage, which is attributable to the offence, the court may order the whole or part of the fine to be paid to that person for or towards defraying those expenses.

Modifications etc. (not altering text)

C51S. 146 applied (with modifications) (1.7.1998) by S.I. 1998/1377, reg. 15(2)

C60S. 146(1) applied (with modifications) (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 (S.I. 2007/3075), regs. 1, 14(6)

C61S. 146(1) applied (with modifications) (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 (S.I. 2007/3077), regs. 1, 13(5)

147 Enforcement of Conventions relating to oil pollution.U.K.

(1)Her Majesty may by Order in Council empower such persons as may be designated by or under the Order to go on board any Convention ship while the ship is within a harbour in the United Kingdom, and to require production of any oil record book required to be carried in accordance with the Convention.

(2)An Order in Council under this section may, for the purposes of the Order, and with any necessary modifications, apply any of the provisions of this Chapter relating to the production and inspection of oil record books and the taking of copies of entries therein, and to the admissibility in evidence of such oil record books and copies, including any penal provisions of this Chapter in so far as they relate to those matters, and may also apply section 259.

(3)Her Majesty, if satisfied that the government of any country has accepted, or denounced, the Convention, or that the Convention extends, or has ceased to extend, to any territory, may by Order in Council make a declaration to that effect.

(4)In this section—

  • “the Convention” means any Convention accepted by Her Majesty’s Government in the United Kingdom in so far as it relates to the prevention of pollution of the sea by oil; and

  • “Convention ship” means a ship registered in—

(a)a country the government of which has been declared by an Order in Council under subsection (3) above to have accepted the Convention, and has not been so declared to have denounced it; or

(b)a territory to which it has been so declared that the Convention extends, not being a territory to which it has been so declared that the Convention has ceased to extend.

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