Merchant Shipping and Maritime Security Act 1997

7 Increased penalty for causing pollution, etc. U.K.

(1) [F1 In section 131(3)(a) of the 1995 Act (fine on summary conviction of offence of discharging oil into certain United Kingdom waters), for “£50,000” there is substituted “ £250,000 ”.]

(2) [F1 Subsection (1) applies in relation to fines imposed in respect of offences committed after the commencement of this section.]

(3) In section 144(4)(c)(i) and (ii) of the 1995 Act (security for release of ship in case where offence under section 131 suspected) for “£55,000”, in both places where it occurs, there is substituted “ £255,000 ”.

(4) Subsection (3) applies in relation to ships detained after the commencement of this section.

(5) Nothing in this section affects any Order in Council or instrument which is in force immediately before the commencement of this section and which—

(a) applies section 131(3) of the 1995 Act; or

(b) makes provision corresponding to that made in connection with offences under section 131 by section 144(4) of the 1995 Act.

(6) Subsection (7) applies where immediately before the commencement of this section there is in force any Order in Council made under section 128(1) of the 1995 Act that confers power by any instrument made under the Order—

(a) to apply section 131(3) of the 1995 Act; or

(b) to make provision corresponding to that made in connection with offences under section 131 by section 144(4) of the 1995 Act.

(7) The power conferred by the Order in Council shall be construed as a power to apply section 131(3) as amended by subsection (1) or (as the case may be) to make provision corresponding to that made by section 144(4) as amended by subsection (3).

Textual Amendments

F1 S. 7(1)(2) omitted (E.W.) (12.3.2015) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 99 (with reg. 5(1))