Merchant Shipping Act 1995

Changes over time for: Section 261

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Merchant Shipping Act 1995, Section 261 is up to date with all changes known to be in force on or before 07 January 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.

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Changes and effects yet to be applied to Section 261:

s. 145(2)(a)(ia) inserted by 2003 c. 44 Sch. 36 para. 13(2)
s. 145(2A) inserted by 2003 c. 44 Sch. 36 para. 13(3)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 145(2)(a)(ia) inserted by 2003 c. 44 Sch. 36 para. 13(2)
s. 145(2A) inserted by 2003 c. 44 Sch. 36 para. 13(3)

261 Improvement notices.U.K.

(1)If an inspector appointed under section 256(6) is of the opinion that a person—

(a)is contravening one or more of the relevant statutory provisions, or

(b)has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated,

he may serve on that person a notice under this section, (referred to in the following sections of this Part as an improvement notice).

(2)An improvement notice shall—

(a)state that the inspector is of the said opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion, and

(b)require the person on whom the notice is served to remedy the contravention in question or (as the case may be) the matters occasioning it within such period as may be specified in the notice.

(3)The period specified in pursuance of subsection (2)(b) above shall not expire before the end of the period within which a notice can be given under section 264 requiring questions relating to the improvement notice to be referred to arbitration.

(4)In this and the following sections of this Part “the relevant statutory provisions” means—

(a)sections 43, 44, 46 to 55, 85, 86, 88 (and Schedule 2), F1. . . F2. . .99, 109, 115, 116, 121 to 126, 128, 129, 130 [F3130A], 131 to 151 and 272; and

(b)the provisions of any instrument of a legislative character having effect under any of those provisions.

Textual Amendments

F1Words in s. 261(4)(a) repealed (12.10.1998) by S.I. 1998/2241, reg. 3(1)(b)

F2Words in s. 261(4)(a) repealed (1.12.1998) by S.I. 1998/2647, reg. 1(2)(b)

F3Figure in s. 261(4)(a) substituted (19.3.1997) by 1997 c. 28, ss. 29(1), 31(4), Sch. 6 para. 16

Modifications etc. (not altering text)

C1S. 261 modified (16.2.2001) by S.I. 2001/152, reg. 11(2)

C2Ss. 258-266 applied (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, 19

C3Ss. 258-266 applied (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, 18

C4Ss. 258-266 applied (1.3.2008) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007 (S.I. 2007/3100), regs. 1, 22

C5Ss. 261-266 applied (with modifications) (1.12.2009) by The Merchant Shipping (Anti-Fouling Systems) Regulations 2009 (S.I. 2009/2796), regs. 1, 10(5) (with reg. 3)

C6Ss. 258-266 applied (with modifications) (6.4.2010) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Work at Height) Regulations 2010 (S.I. 2010/332), regs. 1, 22 (with regs. 4, 5)