Merchant Shipping Act 1995

[F1 Direction following accident: person in control of land U.K.

Textual Amendments

F1 Sch. 3A inserted (10.9.2003) by Marine Safety Act 2003 (c. 16), s. 4, Sch. 1

2 (1) The Secretary of State may give a direction under this paragraph in respect of a ship if in his opinion— U.K.

(a) an accident has occurred to or in the ship,

(b) the accident has created a risk to safety or a risk of pollution by a hazardous substance, and

(c) the direction is necessary to remove or reduce the risk.

(2) The direction may be given to a person in charge of coastal land or premises.

(3) For the purposes of this paragraph—

(a) a person is in charge of land or premises if he is wholly or partly able to control the use made of the land or premises, and

(b) “coastal” means adjacent to or accessible from United Kingdom waters over which the public are permitted to navigate.

(4) The direction may require the person to whom it is given to grant access or facilities to or in relation to the ship or any person or thing which is or was on the ship.

(5) In particular, a direction may require a person—

(a) to permit persons to land;

(b) to make facilities available for the undertaking of repairs or other works;

(c) to make facilities available for the landing, storage and disposal of cargo or of other things.

(6) A direction under this paragraph—

(a) must be given in writing, or

(b) where it is not reasonably practicable to give it in writing, must be confirmed in writing as soon as is reasonably practicable.]