Shipping and Trading Interests (Protection) Act 1995

1 Power to regulate provision of shipping services, etc in event of foreign action. U.K.

(1) The Secretary of State may exercise the powers conferred by this section if he is satisfied that—

(a) a foreign government, or

(b) persons purporting to exercise governing authority over any territory outside the United Kingdom, or

(c) any agency or authority of a foreign government or of such persons,

have adopted, or propose to adopt, measures or practices concerning or affecting any shipping services which—

(i) are damaging or threaten to damage the shipping or trading interests of the United Kingdom, or

(ii) are damaging or threaten to damage the shipping or trading interests of another State,

and, in the latter case, the Secretary of State is satisfied that action under this section would be in fulfilment of the obligations of the United Kingdom to that other State or would be appropriate in view of any arrangements made between Her Majesty’s Government and the government of that other State.

(2) The Secretary of State may by order make provision for requiring persons in the United Kingdom carrying on any trade or business to provide the Secretary of State with all such information as he may require for the purpose of enabling him—

(a) to determine what further action to take under this section, and

(b) to ensure compliance with any orders or directions made or given under this section.

(3) The Secretary of State may by order (a “protective order”) provide for—

(a) regulating the provision of any shipping services and the rates, fares or other amounts which may or must be charged for providing those services;

(b) regulating—

(i) the admission and departure of ships to and from United Kingdom ports,

(ii) the nature of the shipping services they may be used to provide (whether by reference to the cargoes or passengers they may carry or otherwise), and

(iii) the loading or unloading of cargoes, the embarkation or disembarkation of passengers, or the doing of other things in connection with the provision of any shipping services;

(c) regulating the making and implementation of agreements (including charter-parties) whose subject matter relates directly or indirectly to the provision of any shipping services, and requiring such agreements to be subject to the Secretary of State’s approval in such cases as he may specify;

(d) imposing charges in respect of ships which enter United Kingdom ports in connection with the provision of any shipping services;

(e) imposing, in pursuance of any [F1 EU] obligation, such tax or duty payable by such persons and in such circumstances as the Secretary of State may specify;

and in this subsection “regulating”, except in relation to the rates, fares or other amounts which may or must be charged as mentioned in paragraph (a) above, includes imposing a prohibition.

(4) In a case falling within subsection (1)(i) above, a protective order shall specify the measures or practices which in the opinion of the Secretary of State are damaging or threaten to damage shipping or trading interests of the United Kingdom.

(5) An order under this section may authorise the Secretary of State to give directions to any person for the purposes of the order.

(6) Any order or direction made or given under this section—

(a) may be either general or special, and may be subject to such conditions or exceptions as the Secretary of State specifies (including conditions and exceptions operating by reference to the giving or withholding of his approval for any course of action);

(b) may be in terms that require compliance either generally or only in specified cases.

(7) The power to make an order under this section shall be exercisable by statutory instrument.

(8) Before the Secretary of State makes an order under this section he shall consult such representatives of the shipping or trading interests of the United Kingdom, and such other persons, as appear to him appropriate.

(9) In this section—

(a) “foreign government” means the government of any State other than the United Kingdom;

(b) references to an agency or authority of a foreign government or of such persons as are mentioned in subsection (1)(b) above include references to any undertaking appearing to the Secretary of State to be, or to be acting on behalf of, an undertaking which is in effect owned or controlled (directly or indirectly) by a State other than, or by a territory outside, the United Kingdom;

(c) “port” includes an offshore terminal, and references to entering or leaving a port include references to using or ceasing to use an offshore terminal;

(d) “shipping services” means services provided by means of ships, and includes the carriage of goods or passengers by sea, cable laying, dredging, and services provided by offshore support vessels; and

(e) references to ships are to ships of any registration.

(10) A recital in an order under this section that the persons who have adopted, or propose to adopt, the measures or practices in question are—

(a) a foreign government, or

(b) such persons as are mentioned in subsection (1)(b) above, or

(c) an agency or authority of a foreign government or of such persons,

shall be conclusive.

Textual Amendments

F1 Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with art. 3(2)(3), 4(2), 6(4)(5))