Merchant Shipping and Maritime Security Act 1997

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.