1997 No. 2568
The Merchant Shipping (Prevention of Pollution) (Intervention) (Foreign Ships) Order 1997
Made
Laid before Parliament
Coming into force
At the Court at Buckingham Palace, the 30th day of October 1997
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the power conferred upon Her by subsections (1) and (2) of section 141 of the Merchant Shipping Act 19951 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1
1
This Order may be cited as the Merchant Shipping (Prevention of Pollution) (Intervention) (Foreign Ships) Order 1997 and shall come into force on 2nd December 1997.
2
In this Order “the 1995 Act” means the Merchant Shipping Act 1995.
2
The Merchant Shipping (Prevention of Pollution) (Intervention) Order 19802 is hereby revoked.
3
This Order applies to ships which are not United Kingdom ships and which are for the time being neither within United Kingdom waters nor within a part of the sea specified by virtue of section 129(2)(b) of the 1995 Act.
4
1
In relation to such ships the provisions of sections 137, 138, 138A, 139 and 140 of the 1995 Act3 shall, subject to paragraph (2) below, apply in any case where the Secretary of State is satisfied that there is a need to protect the coast of the United Kingdom, United Kingdom waters or a part of the sea specified by virtue of section 129(2)(b) of the 1995 Act against grave and imminent danger of pollution by oil, or by substances other than oil falling within section 138A(1)(a) or (b).
2
In the case of such ships the powers conferred on the Secretary of State to give directions under section 137 of the 1995 Act shall be exercisable only in relation to—
a
an individual who is a citizen of the United Kingdom and Colonies; or
b
a body corporate which is established under the laws of a part of the United Kingdom;
and section 139(2) of the 1995 Act (which relates to the offence of obstruction) shall apply only to such an individual or body corporate.
(This note is not part of the Order)