Merchant Shipping Act 1995

Changes over time for: Section 258

Version Superseded: 31/03/2023

Status:

Point in time view as at 20/12/2022. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Merchant Shipping Act 1995, Section 258 is up to date with all changes known to be in force on or before 16 November 2024. 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.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

258 Powers to inspect ships and their equipment, etc.U.K.

(1)[F1For the purposes of seeing that the provisions of this Act other than sections 131 to 141 and sections 143 to 151 and the provisions of regulations and rules made under this Act (other than those sections) are complied with or] that the terms of any approval, licence, consent, direction or exemption given by virtue of such regulations are duly complied with, the following persons, namely—

(a)a surveyor of ships,

(b)a superintendent,

(c)any person appointed by the Secretary of State, either generally or in a particular case, to exercise powers under this section,

may at all reasonable times go on board a ship [F2in the United Kingdom or in United Kingdom waters] and inspect the ship and its equipment or any part thereof, any articles on board and any document carried in the ship in pursuance of this Act F3. . . or in pursuance of regulations or rules under this Act F3. . ..

F4[(1A)The powers conferred by subsection (1) above are not exercisable in relation to a qualifying foreign ship while the ship is exercising—

(a)the right of innocent passage, or

(b)the right of transit passage through straits used for international navigation.]

(2)The powers conferred by subsection (1) above are, if the ship is a United Kingdom ship, also exercisable outside [F5United Kingdom waters] and may be so exercised by a proper officer as well as the persons mentioned in that subsection.

(3)A person exercising powers under this section shall not unnecessarily detain or delay a ship but may, if he considers it necessary in consequence of an accident or for any other reason, require a ship to be taken into dock for a survey of its hull or machinery.

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)If any person obstructs a person in the exercise of his powers under this section, or fails to comply with a requirement made under subsection (3) above, he shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F1Words in s. 258(1) substituted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 4(2)(a); S.I. 1997/1082, art. 2, Sch.

F2Words in s. 258(1) inserted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 4(2)(b); S.I. 1997/1082, art. 2, Sch.

F3Words in s. 258(1) omitted (23.3.1997) by virtue of 1997 c. 28, s. 9, Sch. 1 para. 4(2)(c); S.I. 1997/1082, art. 2, Sch. and repealed (17.7.1997) by 1997 c. 28, s. 29(2), Sch. 7 Pt. I; S.I. 1997/1539, art. 2, Sch.