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.