Merchant Shipping Act 1995

Miscellaneous and supplementary

148 Power of Secretary of State to grant exemptions

The Secretary of State may exempt from any of the provisions of this Chapter or of any regulations made thereunder, either absolutely or subject to such conditions as he thinks fit—

(a) any ship or classes of ships;

(b) any discharge of, or of a mixture containing, oil.

149 Application to Government ships

(1) This Chapter does not apply to ships of Her Majesty’s navy, nor to Government ships in the service of the Secretary of State while employed for the purposes of Her Majesty’s navy.

(2) Subject to subsection (1) above and to section 141(4) and section 144(8)—

(a) provisions of this Chapter which are expressed to apply only to United Kingdom ships apply to Government ships registered in the United Kingdom and also to Government ships not so registered but held for the purposes of Her Majesty’s Government in the United Kingdom;

(b) provisions of this Chapter which are expressed to apply to ships generally apply to Government ships.

150 Annual Report

(1) The Secretary of State shall, as soon as possible after the end of each calendar year, make a report on the exercise and performance of his functions under this Chapter during that year.

(2) Every such report shall include such observations as he may think fit to make on the operation during that year of this Chapter and of 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.

(3) The Secretary of State shall lay a copy of every such report before each House of Parliament.

151 Interpretation

(1) In this Chapter—

• “harbour authority” means a person or body of persons empowered by an enactment to make charges in respect of ships entering a harbour in the United Kingdom or using facilities therein;

• “harbour in the United Kingdom” means a port, estuary, haven, dock or other place the waters of which are within United Kingdom national waters and in respect of entry into or the use of which by ships a person or body of persons is empowered by an enactment (including a local enactment) to make any charges other than charges in respect of navigational aids or pilotage;

• “harbour master” includes a dock master or pier master, and any person specially appointed by a harbour authority for the purpose of enforcing the provisions of this Chapter in relation to the harbour;

• “local enactment” means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special Parliamentary procedure;

• “oil” means oil of any description and includes spirit produced from oil of any description, and also includes coal tar;

• “oil residues” means any waste consisting of, or arising from, oil or a mixture containing oil;

• “place on land” has the meaning given in section 131;

• “transfer”, in relation to oil, means transfer in bulk.

(2) For the purposes of the definition of “harbour in the United Kingdom”“charges in respect of navigational aids” means general light dues, local light dues and any other charges payable in respect of lighthouses, buoys or beacons.

(3) Any reference in any provision of this Chapter to a mixture containing oil shall be construed as a reference to any mixture of oil (or, as the case may be, of oil of a description referred to in that provision) with water or with any other substance.

(4) Any reference in this Chapter, other than in section 136, to the discharge of oil or a mixture containing oil, or to its being discharged, from a ship, place or thing, except where the reference is to its being discharged for a specific purpose, includes a reference to the escape of oil or mixture, or (as the case may be) to its escaping, from that ship, place or thing.

(5) For the purposes of any provision of this Chapter relating to the discharge of oil or a mixture containing oil from a ship, any floating craft (other than a ship) which is attached to a ship shall be treated as part of the ship.

(6) Any power conferred by section 259 in its application to this Chapter to test any equipment on board a ship shall be construed as including a power to require persons on board the ship to carry out such work as may be requisite for the purpose of testing the equipment; and any provision of that section as to submitting equipment for testing shall be construed accordingly.

(7) Subject to section 18 of the [1978 c. 30.] Interpretation Act 1978 (offence under two or more laws) nothing in this Chapter shall—

(a) affect any restriction imposed by or under any other enactment, whether contained in a public general Act or a local or private Act; or

(b) derogate from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Chapter.