(1) Subject to regulations made under section 32 or 73, the persons employing any seaman under a crew agreement relating to a United Kingdom fishing vessel shall deliver to him at a time prescribed by regulations under this section an account of the wages due to him under that crew agreement and of the deductions subject to which the wages are payable.
(2) Where the wages of any person employed in a United Kingdom fishing vessel are in any manner related to the catch the persons employing him shall at a time prescribed by regulations under this section deliver to the master an account (or, if the master is the person employing him, make out an account) showing how those wages (or any part thereof related to the catch) are arrived at and shall make the account available to the crew in such manner as may be prescribed by the regulations.
(3) Where there is a partnership between the master and any members of the crew of a United Kingdom fishing vessel the owner of the vessel shall at a time prescribed by regulations under this section make out an account showing the sums due to each partner in respect of his share and shall make the account available to the partners.
(4) The Secretary of State may make regulations prescribing the time at which any account required by this section is to be delivered or made out and the manner in which the account required by subsections (2) and (3) above is to be made available.
(5) If a person fails without reasonable excuse to comply with the preceding provisions of this section he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
113 Restriction on assignment of and charge upon wages.
(1) Nothing in section 34 shall affect the operation of—
(a) the Attachment of Earnings Act 1971, or
(b) without prejudice to Article 97(2) of the Judgments Enforcement (Northern Ireland) Order 1981, Articles 73 to 79 and 97 to 105 of that Order,
in relation to wages due to a person employed in a fishing vessel.
(2) The provisions of the Magistrates’ Courts (Northern Ireland) Order 1981 and the Judgments Enforcement (Northern Ireland) Order 1981 relating to the attachment of wages shall apply in relation to wages due to a person employed in a fishing vessel as they apply in relation to other wages.
116 Production of crew certificates and other documents of qualification.
(1) Any person serving or engaged to serve in a United Kingdom fishing vessel and holding any certificate or other document which is evidence that he is qualified for the purposes of section 47 shall on demand produce it to any person who is a British sea-fishery officer for the purposes of the Sea Fisheries Acts.
(2) If a person fails without reasonable excuse to produce on demand any such certificate or other document he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In this section the “Sea Fisheries Acts” means any enactment for the time being in force relating to sea fishing, including any enactment relating to fishing for shellfish, salmon or migratory trout.
(1) Section 59(1)(a) and (b) shall not apply to fishing vessels and persons serving in them.
(2) In relation to United Kingdom fishing vessels, section 60 shall have effect with the substitution for subsection (2) of the following—
(2) Regulations may provide for the hearing on shore in the United Kingdom, by a disciplinary body, of a complaint by the master or owner of such a fishing vessel against a seaman alleging that during his employment in the vessel, the seaman contravened a local industrial agreement relating to his employment on the vessel and for requiring the disciplinary body to have regard to the agreement in determining whether the allegation is proved.
The alleged contravention may be one on or off the ship and in the United Kingdom or elsewhere.
(3) Regulations under section 60 may include provision authorising persons to determine, for the purposes of that section in its application to United Kingdom fishing vessels what agreements are or were local industrial agreements and which local industrial agreement relates or related to a person’s employment in a particular vessel.
The Secretary of State may grant exemptions from any requirements of Part III or this Chapter or of any regulations made thereunder—
(a) with respect to any fishing vessel or to a fishing vessel of any description; or
(b) with respect to any person or a person of any description serving in a fishing vessel or in a fishing vessel of any description;
and nothing in any other provision of Part III or this Chapter conferring a power to provide for or grant exemptions shall be taken to restrict the power conferred by this section.
(1) The Secretary of State may make rules (in this Chapter referred to as “fishing vessel construction rules”) prescribing requirements for the hull, equipment and machinery of United Kingdom fishing vessels of any description (including any description framed by reference to the areas in which the vessels operate or the dates on which they were first registered in the United Kingdom or on which their construction was begun).
(2) The Secretary of State may exempt any fishing vessel or description of fishing vessel from any requirement of the fishing vessel construction rules.
(3) He may do so generally or for a specified time or with respect to a specified voyage or to voyages in a specified area, and may do so subject to any specified conditions.
(4) A surveyor of ships may inspect any fishing vessel for the purpose of seeing that it complies with the fishing vessel construction rules.
(5) If—
(a) the fishing vessel construction rules are contravened with respect to any vessel; or
(b) a vessel is, under subsection (2) above, exempted from any requirement subject to a condition and the condition is not complied with;
the owner or master of the vessel shall be liable —
(i) on summary conviction, to a fine not exceeding the statutory maximum;
(ii) on conviction on indictment, to a fine.
(1) The Secretary of State may make rules (in this Chapter referred to as “fishing vessel survey rules”) for the surveying and periodical inspection of United Kingdom fishing vessels or any description of such fishing vessels, for the purpose of ensuring their compliance with the requirements of the fishing vessel construction and equipment provisions.
(2) In this Chapter “the fishing vessel construction and equipment provisions” means fishing vessel construction rules and rules or safety regulations relating to life-saving, radio and navigational equipment for fishing vessels.
(1) If the Secretary of State or any person authorised by him for the purpose is satisfied, on receipt of a declaration of survey in respect of a fishing vessel surveyed under the fishing vessel survey rules, that the vessel complies with such of the requirements of the fishing vessel construction and equipment provisions as are or will be applicable to the vessel, then, subject to subsection (2) below, the Secretary of State or person shall, on the application of the owner, issue a certificate (in this and the following sections referred to as a “fishing vessel certificate”) showing that the vessel complies with those requirements; and for this purpose any requirement from which the vessel has been exempted under section 121(2) or any other provision of this Act shall be deemed not to be applicable to it.
(2) Fishing vessel survey rules may require, in the case of such fishing vessel certificate as may be specified in the rules, that the Secretary of State or person authorised to issue it shall not issue the certificate unless satisfied that the vessel in respect of which it is to be issued is provided with the lights, shapes and means of making fog signals required by safety regulations for the prevention of collisions.
(3) A fishing vessel certificate shall be in such form as may be prescribed by the fishing vessel survey rules; and those rules may make provision for the duration, extension or cancellation of any such certificate and for the endorsement on it of information relating to the inspection, in accordance with the rules, of the vessel to which it relates and of any extension of the period for which the certificate was issued.
(1) The Secretary of State may require a fishing vessel certificate which has expired or been cancelled, to be delivered up as he directs.
(2) If the owner or skipper of the fishing vessel fails without reasonable excuse to comply with a requirement made under subsection (1) above, he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3) The owner or skipper of a fishing vessel to whom a fishing vessel certificate is issued shall forthwith, on the receipt of the certificate by him (or his agent), cause a copy of it to be put up in some conspicuous place on board the vessel, so as to be legible to all persons on board, and to be kept so put up and legible while the certificate remains in force and the vessel is in use.
(4) If the owner or skipper of a fishing vessel fails without reasonable excuse to comply with subsection (3) above, he shall be liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
(5) If any person intentionally makes, or assists in making, or procures to be made, a false or fraudulent fishing vessel certificate he shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
(6) In Scotland, if any person—
(a) forges, assists in forging or procures to be forged,
(b) fraudulently alters, assists in fraudulently altering or procures to be fraudulently altered,
any fishing vessel certificate he shall be liable—
(i) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both; or
(ii) on conviction on indictment, to a fine or to imprisonment or to both.
(7) A fishing vessel certificate shall be admissible in evidence.
125 Prohibition on going to sea without appropriate certificate.
(1) No fishing vessel required to be surveyed under the fishing vessel survey rules shall go to sea unless there are in force fishing vessel certificates showing that the vessel complies with such of the requirements of the fishing vessel construction and equipment provisions as are applicable to the vessel.
(2) If a fishing vessel goes to sea in contravention of subsection (1) above the owner or skipper of the vessel shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(3) The skipper of any United Kingdom fishing vessel shall on demand produce to any officer of customs and excise or of the Secretary of State any certificate required by this Chapter; and the fishing vessel, if in United Kingdom waters, may be detained until the certificate is so produced.
(1) Where a fishing vessel certificate is in force in respect of a fishing vessel and—
(a) the certificate shows compliance with requirements of the fishing vessel construction rules and an alteration is made in the vessel’s hull, equipment or machinery which affects the efficiency thereof or the seaworthiness of the vessel; or
(b) the certificate shows compliance with requirements of the fishing vessel equipment provisions and an alteration is made affecting the efficiency or completeness of the appliances or equipment which the vessel is required to carry by the fishing vessel equipment provisions;
the owner or skipper shall, as soon as possible after the alteration is made, give written notice containing full particulars of it to the Secretary of State or, if the certificate was issued by another person, to that person.
(2) If the notice required by subsection (1) above is not given as required by that subsection the owner or skipper shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) In this section—
“alteration” in relation to anything includes the renewal of any part of it and
“the fishing vessel equipment provisions” means the provisions of the fishing vessel construction and equipment provisions other than the fishing vessel construction rules.
(1) Her Majesty may by Order in Council make such provision as She considers appropriate for the purpose of giving effect to any provision of any of the following which have been ratified by the United Kingdom—
(a) the International Convention for the Prevention of Pollution from Ships (including its protocols, annexes and appendices) which constitutes attachment 1 to the final act of the International Conference on Marine Pollution signed in London on 2nd November 1973;
(b) the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances other than Oil which constitutes attachment 2 to the final act aforesaid;
(c) the Protocol relating to the said Convention which constitutes attachment 2 to the final act of the International Conference on Tanker Safety and Pollution Prevention signed in London on 17th February 1978;
(d) the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (including the Final Act of the Conference and the attached resolutions) signed in London on 30th November 1990;
(da) the Protocol to amend the Convention for the Prevention of Pollution from Ships signed in London on 26 September 1997 (which added to it Annex VI containing regulations for the prevention of air pollution from ships);
(e) any international agreement not mentioned in paragraphs (a) to (da) above which relates to the prevention, reduction or control of pollution of the sea or other waters by matter from ships;
and in paragraph (e) above the reference to an agreement includes an agreement which provides for the modification of another agreement, including the modification of an agreement mentioned in paragraphs (a) to (c) above.
(2) The powers conferred by subsection (1) above to make provision for the purpose of giving effect to an agreement include power to provide for the provision to come into force although the agreement has not come into force.
(3) Without prejudice to the generality of subsection (1) above, an Order under that subsection may in particular include provision—
(a) for applying for the purpose mentioned in that subsection any enactment or instrument relating to the pollution of the sea or other waters and also any of sections 87, 268, 269 and 270;
(b) with respect to the carrying out of surveys and inspections for the purpose aforesaid and the issue, duration and recognition of certificates for that purpose;
(c) for repealing the provisions of any enactment or instrument so far as it appears to Her Majesty that those provisions are not required having regard to any provision made or proposed to be made by virtue of this section;
(d) with respect to the application of the Order to the Crown and the extra-territorial operation of any provision made by or under the Order;
(e) for the extension of any provisions of the Order, with or without modifications, to any relevant British possession;
(f) that a contravention of a provision made by or under the Order shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years and a fine;
(g) that any such contravention shall be an offence punishable only on summary conviction by a maximum fine of an amount not exceeding level 5 on the standard scale or such less amount as is prescribed by the Order;
(h) in connection with offences created by or under the Order, corresponding to that made in connection with offences under section 131 by sections 143(6), 144and 146 (whether by applying, or making provision for the application of, any of those sections, subject to such modifications as may be specified by or under the Order, or otherwise);
(i) for detaining any ship in respect of which such a contravention is suspected to have occurred and, in relation to such a ship, for applying section 284 with such modifications, if any, as are prescribed by the Order;
and nothing in any of the preceding provisions of this subsection shall be construed as prejudicing the generality of any other of those provisions and in particular neither paragraph (f) nor (g) above shall prejudice paragraph (a) above.
(3A) An order under subsection (1) above in pursuance of paragraph (d) of that subsection may include provision imposing on local authorities responsibilities in relation to the preparation, review and implementation of any plans required by the agreement mentioned in that paragraph.
(4) An Order under subsection (1) above may—
(a) make different provision for different circumstances;
(b) make provision in terms of any document which the Secretary of State or any person considers relevant from time to time;
(c) provide for exemptions from any provisions of the Order;
(d) provide for the delegation of functions exercisable by virtue of the Order;
(e) include such incidental, supplemental and transitional provisions as appear to Her Majesty to be expedient for the purposes of the Order;
(f) authorise the making of regulations and other instruments for any of the purposes of this section (except the purposes of subsection (3)(a) and (c) above) . . .; and
(g) provide that any enactment or instrument applied by the Order shall have effect as so applied subject to such modifications as may be specified in the Order.
(5) Where an Order in Council under subsection (1) above authorises the making of regulations for the purpose of giving effect to an agreement mentioned in paragraphs (a) to (da) or falling within paragraph (e) of that subsection the Order also authorises the making of regulations for the purpose of giving effect to an agreement which provides for the modification of such an agreement.
This subsection applies in relation to Orders in Council and international agreements whenever made.
(6) Regulations made by virtue of paragraph (f) of subsection (4) above may make provision corresponding to the provision authorised for an Order by paragraphs (a) to (e) of subsection (4) above.
(7) An Order in Council in pursuance of subsection (1)(b) or (e) above may apply to areas of land or sea or other United Kingdom waters notwithstanding that the agreement in question does not relate to those areas.
(8) A draft of an Order in Council proposed to be made by virtue of subsection (1) above shall not be submitted to Her Majesty in Council unless—
(a) the draft has been approved by a resolution of each House of Parliament;
(b) the Order is to contain a statement that it is made only for any of the purposes specified in subsection (9) below; or
(c) the Order extends only to a possession mentioned in subsection (3)(e) above.
(9) The purposes referred to in subsection (8)(b) above are—
(a) giving effect to an agreement mentioned in subsection (1)(a) to (da) above;
(b) providing as authorised by subsection (2) above in relation to such an agreement and the purposes of subsection (5) above;
and a statutory instrument containing an Order which contains a statement that it is made only for any of those purposes shall be subject to annulment in pursuance of a resolution of either House of Parliament.
129 Further provision for prevention of pollution from ships.
(1) Her Majesty may by Order in Council make such provision as She considers appropriate for the purpose of giving effect to any provision of the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) for the protection and preservation of the marine environment from pollution by matter from ships.
(2) Without prejudice to the generality of subsection (1) above, an Order under that subsection may in particular include provision—
(a) corresponding to any provision that is authorised for the purposes of section 128 by subsections (3) and (4) of that section; and
(b) specifying areas of sea above any of the areas for the time being designated under section 1(7) of the Continental Shelf Act 1964 as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of that Convention for the protection and preservation of the marine environment;
and provision authorising the making of regulations authorises the amendment or revocation of regulations made by virtue of paragraph (f) of the said subsection (4).
(3) A draft of an Order in Council proposed to be made by virtue of subsection (1) above shall not be submitted to Her Majesty in Council unless the draft has been approved by resolution of each House of Parliament.
130 Regulation of transfers between ships in territorial waters.
(1) The Secretary of State may by regulations make, in relation to the transfer of cargo, stores, bunker fuel or ballast between ships while within United Kingdom waters, such provision as he considers appropriate for preventing pollution, danger to health or to navigation, or hazards to the environment or to natural resources.
(2) Regulations under this section may, in particular, do any of the following things—
(a) prohibit transfers of any specified description or prohibit transfers if, or unless, carried out in specified areas, circumstances or ways;
(b) make provision about—
(i) the design of, and standards to be met by, ships and equipment,
(ii) the manning of ships, including the qualifications and experience to be possessed by persons of any specified description employed on board, and
(iii) the qualifications and experience to be possessed by persons (whether masters or not) controlling the carrying out of transfers or operations ancillary thereto;
(c) provide for proposed transfers to be notified to and approved by persons appointed by the Secretary of State or another person, and for the supervision of transfers, and the inspection of ships and equipment, by persons so appointed;
(d) provide—
(i) for the procedure to be followed in relation to the approval of transfers to be such as may be prescribed by any document specified in the regulations, and
(ii) for references in the regulations to any document so specified to operate as references to that document as revised or re-issued from time to time;
(e) provide for the making and keeping of records about ships and equipment, the issuing of certificates, and the furnishing of information;
(f) provide for the granting by the Secretary of State or another person of exemptions from specified provisions of the regulations, on such terms (if any) as the Secretary of State or that other person may specify, and for altering or cancelling exemptions;
(g) limit any provision of the regulations to specified cases or kinds of case.
(3) Regulations under this section may provide—
(a) that a contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding £25,000 a fine, the amount of which may be limited by the regulations, and on conviction on indictment by imprisonment for a term not exceeding two years or a fine or both;
(b) that any such contravention shall be an offence punishable only on summary conviction by a fine not exceeding £25,000 a fine, the amount of which may be limited by the regulations; or such lower amount as is prescribed by the regulations;
(c) that, in such cases as are prescribed by the regulations, such persons as are so prescribed shall each be guilty of an offence created by virtue of paragraph (a) or (b) above.
(4) Regulations under this section may—
(a) make different provision for different classes or descriptions of ships and for different circumstances; and
(b) make such transitional, incidental or supplementary provision as appears to the Secretary of State to be necessary or expedient.
(1) The Secretary of State may by regulations make such provision as he considers appropriate in relation to—
(a) the provision at harbours in the United Kingdom of facilities for the reception of waste from ships (in this Chapter referred to as “waste reception facilities”); and
(b) the use of waste reception facilities provided at such harbours.
(2) In making the regulations, the Secretary of State shall take into account the need to give effect to provisions—
(a) which are contained in any international agreement mentioned in section 128(1) which has been ratified by the United Kingdom; and
(b) which relate to waste reception facilities.
(3) Sections 130B to 130D make further provision with respect to the regulations that may be made under this section.
(1) The regulations may make provision requiring a harbour authority for a harbour in the United Kingdom—
(a) in such circumstances as may be prescribed, to prepare a plan with respect to the provision and use of waste reception facilities at the harbour; and
(b) to submit the plan to the Secretary of State for approval.
(2) The regulations may make provision requiring a person—
(a) if directed to do so by the Secretary of State, to prepare a plan with respect to the provision and use of waste reception facilities at any terminals operated by him within a harbour which is in the United Kingdom and is specified in the direction; and
(b) to submit the plan to the Secretary of State for approval.
(3) For the purposes of this Chapter—
(a) “terminal” means any terminal, jetty, pier, floating structure or other works within a harbour at which ships can obtain shelter or ship and unship goods or passengers; and
(b) a person operates a terminal if activities at the terminal are under his control.
(4) In the following provisions of this section, “waste management plan” means a plan of a description mentioned in subsection (1) or (2) above.
(5) The regulations may make provision with respect to the form and content of waste management plans and may in particular require such plans to include—
(a) proposals as to the information to be provided about waste reception facilities to those who are expected to use them;
(b) proposals designed to ensure that adequate provision will be made for the disposal of waste deposited in waste reception facilities; and
(c) proposals about how costs incurred in establishing and running waste reception facilities will be recovered.
(6) The regulations may require a person preparing a waste management plan to have regard to such matters as the Secretary of State may prescribe or in a particular case direct.
(7) The regulations may make provision as to the procedures to be followed in connection with waste management plans and may in particular—
(a) require a person preparing a waste management plan to consult such persons as the Secretary of State may prescribe or in a particular case direct;
(b) enable the Secretary of State to approve waste management plans with or without modification or to reject such plans;
(c) enable the Secretary of State, if he is satisfied that a person who is required to prepare a waste management plan is not taking any steps necessary in connection with the preparation of the plan, to prepare such a plan;
(d) require harbour authorities and persons operating terminals to implement waste management plans once approved, or to take such steps as the Secretary of State may in a particular case direct for the purpose of securing that approved plans are implemented;
(e) enable waste management plans, in such circumstances as may be prescribed, to be withdrawn, altered or replaced.
130C Charges for and use of waste reception facilities.
(1) The regulations may make provision enabling a statutory harbour authority, on levying ship, passenger and goods dues, to impose charges for the purpose of recovering the whole or a part of the costs of the provision by or on behalf of the authority of waste reception facilities at the harbour.
(2) The regulations may make provision requiring the master of a ship—
(a) if reasonably required to do so by a Departmental officer, or
(b) in such other circumstances as may be prescribed,
to deposit any waste carried by the ship, or any prescribed description of such waste, in waste reception facilities provided at a harbour in the United Kingdom.
(3) The regulations may make provision—
(a) for the reference to arbitration of questions as to whether requirements made under regulations made in pursuance of subsection (2)(a) above were reasonable, and
(b) for compensation to be payable by the Secretary of State where a requirement is found to have been unreasonable.
(4) The regulations may make—
(a) provision prohibiting the imposition by persons providing waste reception facilities at harbours in the United Kingdom of charges for the depositing of waste, or any prescribed description of waste, in the facilities; or
(b) provision authorising the imposition by such persons of such charges subject to such restrictions as may be prescribed.
(5) The regulations may provide for charges to be imposed by virtue of subsection (4)(b) above—
(a) even though the charges are for the depositing of waste in compliance with a requirement imposed by virtue of subsection (2) above; and
(b) even though charges are also imposed by virtue of subsection (1) above.
(6) Subsections (7) to (9) below apply if the regulations make provision enabling a statutory harbour authority to impose charges of a description mentioned in subsection (1) above.
(7) The regulations may require information about the charges to be published in a way that is designed to bring the charges to the notice of persons likely to be affected.
(8) The regulations may provide for the charges to be reduced at the instance of the Secretary of State following the making of an objection by a person of a prescribed description.
(9) Regulations made by virtue of subsection (8) above may in particular make provision which corresponds to that made by section 31(3) to (12) of the Harbours Act 1964.
(10) The regulations may make provision as to the recovery of any charges imposed by virtue of this section.
(1) The regulations may provide that where a person contravenes a requirement under the regulations he is guilty of an offence and is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, and
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(2) The regulations may—
(a) provide for exemptions from any provision of the regulations;
(b) provide for references in the regulations to any specified document to operate as references to that document as revised or re-issued from time to time;
(c) make different provision for different cases;
(d) include such incidental, supplemental and transitional provision as appears to the Secretary of State to be expedient.
(3) Regulations under section 130A which contain any provision of a description mentioned in section 130C (whether or not they also contain other provision) shall not be made unless a draft of the statutory instrument containing the regulations has been laid before and approved by a resolution of each House of Parliament.
(4) A statutory instrument containing regulations under section 130A to which subsection (3) above does not apply (including regulations which revoke provision of a description mentioned in section 130C but do not contain any other provision made by virtue of section 130C) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Chapter—
“prescribe” means prescribe by regulations;
“ship, passenger and goods dues” has the same meaning—
in relation to Great Britain, as in the Harbours Act 1964; and
in relation to Northern Ireland, as in the Harbours Act (Northern Ireland) 1970;
“waste reception facilities” has the meaning given by section 130A(1).
131 Discharge of oil from ships into certain United Kingdom waters.
(A1) In this section “relevant discharge” means—
(a) a discharge of oil or a mixture containing oil which is made—
(i) from a ship which is an offshore installation, and
(ii) into United Kingdom national waters which are navigable by sea-going ships, or
(b) a discharge of oil or a mixture containing oil which is made—
(i) from a ship which is not an offshore installation, and
(ii) into United Kingdom national waters which are navigable by sea-going ships but which do not form part of the sea.
(1) If there is a relevant discharge, subject to the following provisions of this Chapter, the following shall be guilty of an offence, that is to say—
(a) ...the owner or master of the ship, unless he proves that the discharge took place and was caused as mentioned in paragraph (b) below;
(b) if the discharge from the ship takes place in the course of a transfer of oil to or from another ship or a place on land and is caused by the act or omission of any person in charge of any apparatus in that other ship or that place, the owner or master of that other ship or, as the case may be, the occupier of that place.
(2) Subsection (1) above does not apply to any discharge from an offshore installation which—
(a) is made into the sea; and
(b) is of a kind or is made in circumstances for the time being prescribed by regulations made by the Secretary of State.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £250,000;
(b) on conviction on indictment, to a fine
on summary conviction, or on conviction on indictment, to a fine.
(3A) In this section “offshore installation” means any mobile or fixed drilling or production platform or any other platform used in connection with the exploration, exploitation or associated offshore processing of sea bed mineral resources.
(4) In this section “sea” includes any estuary or arm of the sea.
(5) In this section “place on land” includes anything resting on the bed or shore of the sea, or of any other waters included in United Kingdom national waters, and also includes anything afloat (other than a ship) if it is anchored or attached to the bed or shore of the sea or any such waters.
(6) In this section “occupier”, in relation to any such thing as is mentioned in subsection (5) above, if it has no occupier, means the owner thereof.
132 Defences of owner or master charged with offence under section 131.
(1) Where a person is charged with an offence under section 131 as the owner or master of a ship, it shall be a defence to prove that the oil or mixture was discharged for the purpose of—
(a) securing the safety of any ship;
(b) preventing damage to any ship or cargo, or
(c) saving life,
unless the court is satisfied that the discharge of the oil or mixture was not necessary for that purpose or was not a reasonable step to take in the circumstances.
(2) Where a person is charged with an offence under section 131 as the owner or master of a ship, it shall also be a defence to prove—
(a) that the oil or mixture escaped in consequence of damage to the ship, and that as soon as practicable after the damage occurred all reasonable steps were taken for preventing, or (if it could not be prevented) for stopping or reducing, the escape of the oil or mixture; or
(b) that the oil or mixture escaped by reason of leakage, that neither the leakage nor any delay in discovering it was due to any want of reasonable care, and that as soon as practicable after the escape was discovered all reasonable steps were taken for stopping or reducing it.
133 Defences of occupier charged with offence under section 131
Where a person is charged, in respect of the escape of any oil or mixture containing oil, with an offence under section 131 as the occupier of a place on land, it shall be a defence to prove that neither the escape nor any delay in discovering it was due to any want of reasonable care and that as soon as practicable after it was discovered all reasonable steps were taken for stopping or reducing it.
134 Protection for acts done in exercise of certain powers of harbour authorities, etc.
(1) Where any oil, or mixture containing oil, is discharged in consequence of—
(a) the exercise of any power conferred by section 252 or 253; or
(b) the exercise, for the purpose of preventing obstruction or danger to navigation, of any power to dispose of sunk, stranded or abandoned ships which is exercisable by a harbour authority under any local enactment;
and apart from this subsection the authority exercising the power, or a person employed by or acting on behalf of the authority, would be guilty of an offence under section 131 in respect of that discharge, the authority or person shall not be convicted unless it is shown that they or he failed to take such steps (if any) as were reasonable in the circumstances for preventing, stopping or reducing the discharge.
(2) Subsection (1) above shall apply to the exercise of any power conferred by section 13 of the Dockyard Ports Regulation Act 1865 (removal of obstructions to dockyard ports) as it applies to the exercise of the powers under sections 252 and 253, and shall, as so applying, have effect as if references to the authority exercising the power were references to the Queen’s harbour master for the port in question.
(1) No oil shall be transferred between sunset and sunrise to or from a ship in any harbour in the United Kingdom unless the requisite notice has been given in accordance with this section or the transfer is for the purposes of a fire and rescue authority or other person who employs or engages fire-fightersthe Scottish Fire and Rescue Servicethe Northern Ireland Fire and Rescue Service Board or other person who employs or engages fire-fighters.
(2) A general notice may be given to the harbour master of a harbour that transfers of oil between sunset and sunrise will be frequently carried out at a place in the harbour within such period, not ending later than twelve months after the date on which the notice is given, as is specified in the notice; and if such a notice is given it shall be the requisite notice for the purposes of this section as regards transfers of oil at that place within the period specified in the notice.
(3) Subject to subsection (2) above, the requisite notice for the purposes of this section shall be a notice given to the harbour master not less than three hours nor more than 96 hours before the transfer of oil begins.
(4) In the case of a harbour which has no harbour master, references in this section to the harbour master shall be construed as references to the harbour authority.
(5) If any oil is transferred to or from a ship in contravention of this section, the master of the ship, and, if the oil is transferred from or to a place on land, the occupier of that place, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
136 Duty to report discharge of oil into waters of harbours.
(1) If any oil or mixture containing oil—
(a) is discharged from a ship into the waters of a harbour in the United Kingdom; or
(b) is found to be escaping or to have escaped from a ship into any such waters;
the owner or master of the ship shall forthwith report the occurrence to the harbour master, or, if the harbour has no harbour master, to the harbour authority.
(2) A report made under subsection (1) above shall state whether the occurrence falls within subsection (1)(a) or (b) above.
(3) If a person fails to make a report as required by this section he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
136A Discharges etc. authorised under other enactments.
The provisions of sections 131(1) and 136(1) shall not apply to any discharge which is made under, and the provisions of section 136(1) shall not apply to any escape which is authorised by, an authorisation granted under Part I of the Environmental Protection Act 1990 or a permit granted under regulations under section 2 of the Pollution Prevention and Control Act 1999 or an authorisation under regulations under section 18 of the Regulatory Reform (Scotland) Act 2014 or an authorisation or permit granted under any corresponding provisions of the law of Northern Ireland.
(1) The Secretary of State may make regulations requiring oil record books to be carried in United Kingdom ships and requiring the master of any such ship to record in the oil record book carried by it—
(a) the carrying out, on board or in connection with the ship, of such of the following operations as may be prescribed relating to—
(i) the loading of oil cargo,
(ii) the transfer of oil cargo during a voyage,
(iii) the discharge of oil cargo,
(iv) the ballasting of oil tanks (whether cargo or bunker fuel tanks) and the discharge of ballast from, and cleaning of, such tanks,
(v) the separation of oil from water, or from other substances, in any mixture containing oil,
(vi) the disposal of any oil or water, or any other substance, arising from operations relating to any of the matters specified in (i) to (v) above, or
(vii) the disposal of any other oil residues;
(b) any occasion on which oil or a mixture containing oil is discharged from the ship for the purpose of securing the safety of any ship, or of preventing damage to any ship or cargo, or of saving life;
(c) any occasion on which oil or a mixture containing oil is found to be escaping, or to have escaped, from the ship in consequence of damage to the ship, or by reason of leakage.
(2) The Secretary of State may make regulations requiring the keeping of records relating to the transfer of oil to and from ships while they are within United Kingdom waters; and the requirements of any regulations made under this subsection shall be in addition to the requirements of any regulations made under subsection (1) above.
(3) Any records required to be kept by regulations made under subsection (2) above shall, unless the ship is a barge, be kept by the master of the ship, and shall, if the ship is a barge, be kept, in so far as they relate to the transfer of oil to the barge, by the person supplying the oil and, in so far as they relate to the transfer of oil from the barge, by the person to whom the oil is delivered.
(4) Regulations under this section requiring the carrying of oil record books or the keeping of records may—
(a) prescribe the form of the oil record books or records and the nature of the entries to be made in them;
(b) require the person providing or keeping the books or records to retain them for a prescribed period;
(c) require that person, at the end of the prescribed period, to transmit the books or records to a place or person determined by or under the regulations;
(d) provide for the custody or disposal of the books or records after their transmission to such a place or person.
(5) Regulations under this section may—
(a) be made with respect to all or with respect to any one or more of the classes of ship or other matters to which this section relates;
(b) make different provision for different classes of ship or otherwise for different classes of case or different circumstances.
(6) If any ship fails to carry such an oil record book as it is required to carry under this section the owner or master shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) If any person fails to comply with any requirements imposed on him by or under this section, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(8) If any person makes an entry in any oil record book carried or record kept under this section which is to his knowledge false or misleading in any material particular, he shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or imprisonment for a term not exceeding six months, or both;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.
(9) In any proceedings under this Chapter—
(a) any oil record book carried or record kept in pursuance of regulations made under this section shall be admissible as evidence, and in Scotland shall be sufficient evidence, of the facts stated in it;
(b) any copy of an entry in such an oil record book or record which is certified by the master of the ship in which the book is carried or by the person by whom the record is required to be kept to be a true copy of the entry shall be admissible as evidence, and in Scotland shall be sufficient evidence, of the facts stated in the entry;
(c) any document purporting to be an oil record book carried or record kept in pursuance of regulations made under this section, or purporting to be such a certified copy as is mentioned in paragraph (b) above, shall, unless the contrary is proved, be presumed to be such a book, record or copy, as the case may be.
(10) In this section “barge” includes a lighter and any similar vessel.
(1) Proceedings for an offence under this Chapter may, in England and Wales be brought only—
(a) by or with the consent of the Attorney General, or
(b) if the offence is one to which subsection (4) below applies, by the harbour authority, or
(c) unless the offence is one mentioned in subsection (4)(b) or (c) below, by the Secretary of State or a person authorised by any general or special direction of the Secretary of State.
(2) Subject to subsection (3) below, proceedings for an offence under this Chapter may, in Northern Ireland, be brought only—
(a) by or with the consent of the Attorney General for Northern Ireland,
(b) if the offence is one to which subsection (4) below applies, by a harbour authority, or
(c) unless the offence is one mentioned in subsection (4)(b) or (c) below, by the Secretary of State or a person authorised by any general or special direction of the Secretary of State.
(3) Subsection (2) above shall have effect in relation to proceedings for an offence under section 131 relating to the discharge of oil or a mixture containing oil from a ship in a harbour in Northern Ireland as if the references in paragraph (c) to the Secretary of State were references to the Secretary of State or the Department of the Environment for Northern Ireland.
(4) This subsection applies to the following offences—
(a) any offence under section 131 which is alleged to have been committed by the discharge of oil, or a mixture containing oil, into the waters of a harbour in the United Kingdom;
(b) any offence in relation to a harbour in the United Kingdom under section 135 or 136; and
(c) any offence under section 142 relating to the keeping of records of the transfer of oil within such a harbour.
(5) The preceding provisions of this section shall apply in relation to any part of a dockyard port within the meaning of the Dockyard Ports Regulation Act 1865 as follows—
(a) if that part is comprised in a harbour in the United Kingdom, the reference to the harbour authority shall be construed as including a reference to the Queen’s harbour master for the port;
(b) if that part is not comprised in a harbour in the United Kingdom, the references to such a harbour shall be construed as references to such a dockyard port and the reference to the harbour authority as a reference to the Queen’s harbour master for the port.
(6) Any document required or authorised, by virtue of any statutory provision, to be served on a foreign company for the purposes of the institution of, or otherwise in connection with, proceedings for an offence under section 131 alleged to have been committed by the company as the owner of the ship shall be treated as duly served on that company if the document is served on the master of the ship.
In this subsection “foreign company” means a company or body which is not one to which section 1139 of the Companies Act 2006 applies so as to authorise service of the document in question.
(7) Any person authorised to serve any document for the purposes of the institution of, or otherwise in connection with, proceedings for an offence under this Chapter shall, for that purpose, have the right to go on board the ship in question.
144 Power to detain ships for section 131 offences.
(1) Where a harbour master has reason to believe that the master or owner of a ship has committed an offence under section 131 by the discharge from the ship of oil, or a mixture containing oil, into the waters of the harbour, the harbour master may detain the ship.
(2) Section 284, in its application to the detention of a ship under this section, shall have effect with the omission of subsections (1), (6) and (7) and as if—
(a) in subsection (2), the reference to competent authority were a reference to the harbour authority; and
(b) in subsection (4), the persons in relation to whom that subsection applies were the harbour master or any person acting on his behalf.
(3) Where a harbour master detains a ship other than a United Kingdom ship under this section he shall immediately notify the Secretary of State, who shall then inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State.
In this subsection “United Kingdom ship” has the same meaning as in section 85.
(4) A harbour master who detains a ship under this section shall immediately release the ship—
(a) if no proceedings for the offence are instituted within the period of seven days beginning with the day on which the ship is detained;
(b) if proceedings for the offence, having been instituted within that period, are concluded without the master or owner being convicted;
(c) if either—
(i) the sum of £255,000 is paid to the harbour authority by way of security, or
(ii) security which, in the opinion of the harbour authority, is satisfactory and is for an amount not less than £255,000 is given to the harbour authority,
by or on behalf of the master or owner; or
(d) where the master or owner is convicted of the offence, if any costs or expenses ordered to be paid by him, and any fine imposed on him, have been paid.
(5) The harbour authority shall repay any sum paid in pursuance of subsection (4)(c) above or release any security so given—
(a) if no proceedings for the offence are instituted within the period of seven days beginning with the day on which the sum is paid; or
(b) if proceedings for the offence, having been instituted within that period, are concluded without the master or owner being convicted.
(6) Where a sum has been paid, or security has been given, by any person in pursuance of subsection (4)(c) above and the master or owner is convicted of the offence, the sum so paid or the amount made available under the security shall be applied as follows—
(a) first in payment of any costs or expenses ordered by the court to be paid by the master or owner; and
(b) next in payment of any fine imposed by the court;
and any balance shall be repaid to the first-mentioned person.
(7) Any reference in this section to a harbour master or a harbour authority shall, where the harbour in question consists of or includes the whole or any part of a dockyard port within the meaning of the Dockyard Ports Regulation Act 1865, be construed as including a reference to the Queen’s harbour master for the port.
(8) This section does not apply in relation to a ship of Her Majesty’s navy or any Government ship.
(1) This section has effect for the interpretation of the references in section 144 to the institution of proceedings or their conclusion without the master or owner of a ship being convicted of an offence under section 131.
(2) For the purposes of section 144 in its application to England and Wales—
(a) proceedings for an offence under section 131 are instituted—
(i) when a justice of the peace issues a summons or warrant under section 1 of the Magistrates’ Courts Act 1980 in respect of the offence;
(ii) when a person is charged with the offence after being taken into custody without a warrant;
(iii) when a bill of indictment is preferred under section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933; and
(b) proceedings for the offence are concluded without the master or owner being convicted on the occurrence of one of the following events—
(i) the discontinuance of the proceedings;
(ii) the acquittal of the master or owner;
(iii) the quashing of the master’s or owner’s conviction of the offence;
(iv) the grant of Her Majesty’s pardon in respect of the master’s or owner’s conviction of the offence.
(3) For the purposes of section 144 in its application to Northern Ireland—
(a) proceedings for an offence under section 131 are instituted—
(i) when a justice of the peace issues a summons or warrant under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981;
(ii) when a person is charged with the offence after being taken into custody without a warrant;
(iii) when an indictment is presented under section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969; and
(b) proceedings for an offence under section 131 are concluded without the master or owner being convicted on the occurrence of one of the following events—
(i) the discontinuance of the proceedings;
(ii) the acquittal of the master or owner;
(iii) the quashing of the master’s or owner’s conviction of the offence;
(iv) the grant of Her Majesty’s pardon in respect of the master’s or owner’s conviction of the offence.
(4) Where the application of subsection (2)(a) or (3)(a) above would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.
(5) For the purposes of section 144 in its application to Scotland—
(a) proceedings for an offence under section 131 are instituted—
(i) on the granting by the sheriff of a warrant in respect of the offence on presentation of a petition under section 12 of the Criminal Procedure (Scotland) Act 1975;
(ii) when, in the absence of a warrant or citation, the master or owner is first brought before a court competent to deal with the case;
(iii) when, in a case where he is liberated upon a written undertaking in terms of section 18(2)(a), 294(2)(a) or 295(1)(a) of the Criminal Procedure (Scotland) Act 1975, the master or owner appears at the specified time;
(iv) when, in a case mentioned in (iii) above where the master or owner fails to appear at the specified court at the specified time, the court grants warrant for his apprehension;
(v) when summary proceedings are commenced in terms of section 331(3) of the Criminal Procedure (Scotland) Act 1975;
(b) proceedings for an offence under section 131 are concluded without the master or owner being convicted on the occurrence of one of the following events—
(i) the court makes a finding of not guilty or not proven against the master or owner in respect of the offence;
(ii) the proceedings are expressly abandoned (other thanpro loco et tempore) by the prosecutor or are deserted simpliciter;
(iii) the conviction is quashed;
(iv) the accused receives Her Majesty’s pardon in respect of the conviction.
(1) Where a fine imposed by a court in proceedings against the owner or master of a ship for an offence under this Chapter is not paid, or any costs or expenses ordered to be paid by him are not paid, at the time ordered by the court, the court shall, in addition to any other powers of enforcing payment, have power—
(a) except in Scotland, to direct the amount remaining unpaid to be levied by distress,
(b) in Scotland, to grant warrant authorising the arrestment and sale,
of the ship and its equipment.
(2) Where a person is convicted of an offence under section 131, and the court imposes a fine in respect of the offence, then, if it appears to the court that any person has incurred, or will incur, expenses in removing any pollution, or making good any damage, which is attributable to the offence, the court may order the whole or part of the fine to be paid to that person for or towards defraying those expenses.
147 Enforcement of Conventions relating to oil pollution.
(1) Her Majesty may by Order in Council empower such persons as may be designated by or under the Order to go on board any Convention ship while the ship is within a harbour in the United Kingdom, and to require production of any oil record book required to be carried in accordance with the Convention.
(2) An Order in Council under this section may, for the purposes of the Order, and with any necessary modifications, apply any of the provisions of this Chapter relating to the production and inspection of oil record books and the taking of copies of entries therein, and to the admissibility in evidence of such oil record books and copies, including any penal provisions of this Chapter in so far as they relate to those matters, and may also apply section 259.
(3) Her Majesty, if satisfied that the government of any country has accepted, or denounced, the Convention, or that the Convention extends, or has ceased to extend, to any territory, may by Order in Council make a declaration to that effect.
(4) In this section—
“the Convention” means any Convention accepted by Her Majesty’s Government in the United Kingdom in so far as it relates to the prevention of pollution of the sea by oil; and
“Convention ship” means a ship registered in—
(a) a country the government of which has been declared by an Order in Council under subsection (3) above to have accepted the Convention, and has not been so declared to have denounced it; or
(b) a territory to which it has been so declared that the Convention extends, not being a territory to which it has been so declared that the Convention has ceased to extend.