Merchant Shipping Act 1995, Section 255D is up to date with all changes known to be in force on or before 02 March 2025. 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.
(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[F2—
(a)on summary conviction, to a fine not exceeding £50,000, or
(b)on conviction on indictment, to a fine]
[F2on summary conviction, or on conviction on indictment, to a fine].]
Textual Amendments
F1Pt. 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
F2Words in s. 255D(5) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 27(12) (with reg. 5(1))
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