Merchant Shipping Act 1995

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

Textual Amendments

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

1 (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) the owner of the ship,

(b) a person in possession of the ship,

(c) the master of the ship,

(d) a pilot of the ship,

(da) [F2 the owner of a hazardous substance in the ship,]

(e) a salvor in possession of the ship,

(f) a person who is the servant or agent of a salvor in possession of the ship and who is in charge of the salvage operation, or

(g) where the ship is in, or has been directed to move into, waters which are regulated or managed by a harbour authority, the harbour authority or the harbour master.

(3) The direction may require the person to whom it is given to take or refrain from taking any specified action in relation to—

(a) the ship;

(b) anything which is or was in the ship;

(c) anything which forms or formed part of the ship;

(d) anything which is or was being towed by the ship;

(e) a person on the ship.

(4) In particular, the direction may require a person to ensure—

(a) that a ship or other thing is moved or not moved;

(b) that a ship or other thing is moved or not moved to or from a specified place or area or over a specified route;

(c) that cargo is or is not unloaded or discharged;

(d) that a substance is or is not unloaded or discharged;

(e) that specified salvage measures are taken or not taken;

(f) that a person is put ashore or on board a ship.]

Textual Amendments

F2 Sch. 3A para. 1(2)(da) inserted (20.9.2004) by The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 (S.I. 2004/2110), reg. 22(1)