SCHEDULES

SCHEDULE 1 Amendments of Merchant Shipping Act 1995 relating to inspection and detention of ships

Enforcing detention of ships

5

1

Section 284 of the 1995 Act (enforcing detention of ship) is amended as follows.

2

In subsection (1), for paragraph (b) there is substituted—

b

any officer of a Minister of the Crown or Northern Ireland department who is authorised by the Secretary of State, either generally or in a particular case, to exercise powers under this section,

3

After subsection (1) there is inserted—

1A

A notice of detention may—

a

include a direction that the ship—

i

must remain in a particular place, or

ii

must be moved to a particular anchorage or berth, and

b

if it includes such a direction, may specify circumstances relating to safety or the prevention of pollution in which the master may move his ship from that place, anchorage or berth.

4

For subsection (2) there is substituted—

2

If a ship as respects which notice of detention has been served on the master proceeds to sea, otherwise than in accordance with such a notice, before it is released by a competent authority, the master of the ship shall be guilty of an offence.

2A

If a ship as respects which notice of detention has been served on the master fails to comply with a direction given under subsection (1A)(a) above, the master of the ship shall be guilty of an offence.

2B

A person guilty of an offence under subsection (2) or (2A) above shall be liable—

a

on summary conviction, to a fine not exceeding £50,000;

b

on conviction on indictment, to a fine.

5

In subsection (3), after “subsection (2)” there is inserted “ or (2A) ”.

6

In subsection (4)—

a

after “subsection (2) above” there is inserted “ or failing to comply with a direction given under subsection (1A)(a) above ”,

b

for “takes to sea” there is substituted “ carries away without his consent ”, and

c

in paragraph (i), for “taken to sea” there is substituted “ carried away ”.

7

Any reference to section 284 of the 1995 Act, or to provisions of that section—

a

in any safety regulations within the meaning of the 1995 Act made before commencement,

b

in any Order in Council having effect under section 128 or 129 of the 1995 Act and made before commencement, or

c

in any regulations having effect under such an Order and made before commencement,

shall have effect as a reference to section 284, or those provisions, as amended by this paragraph.

8

In sub-paragraph (7) above “commencement” means the commencement of this paragraph.