(1) Where an accident results in a wreck in a Convention area, the persons responsible for any United Kingdom ship involved in the accident must report the wreck without delay.
(2) If the wreck is in the United Kingdom's Convention area, it must be reported to the Secretary of State.
(3) If the wreck is in the Convention area of any other State, it must be reported to the government of that State.
(4) The following are responsible for a ship—
(a) the master of the ship, and
(b) the operator of the ship.
(5) A report under subsection (1) must include the information mentioned in paragraph (2) of Article 5 of the Wrecks Convention (so far as it is known).
(6) If one of the persons responsible for a ship makes a report under subsection (1) the others are no longer under a duty to make a report.
(7) Failure to comply with the reporting requirement is an offence.
(8) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding £50,000, or
(b) on conviction on indictment, to a fine
on summary conviction, or on conviction on indictment, to a fine.
(1) This section applies where an accident results in a wreck in the United Kingdom's Convention area.
(2) The Secretary of State must ensure that the United Kingdom complies with its obligations under Articles 7 and 8 of the Wrecks Convention (locating and marking of wrecks).
(3) The Secretary of State may, for those purposes, direct any of the following to take specified steps in relation to the wreck if it is within their area—
(a) a general lighthouse authority;
(b) a harbour authority;
(c) a conservancy authority.
(4) A direction may require an authority to exercise or not to exercise a power under section 252 or 253 within their area (and for this purpose a general lighthouse authority has the powers conferred by section 253 throughout their area).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A direction—
(a) must be in writing, or
(b) where it is not reasonably practicable to give it in writing, must be confirmed in writing as soon as reasonably practicable.
(7) An authority to whom a direction is given must comply with it.
(1) This section applies where—
(a) a ship has been involved in an accident as a result of which it or anything from it has become a wreck in the United Kingdom's Convention area, and
(b) the Secretary of State has determined that the wreck poses a hazard.
(2) The Secretary of State must take all reasonable steps to give a notice (a “wreck removal notice”) requiring the registered owner to comply with the obligations imposed on registered owners by paragraph 2 and 3 of Article 9 of the Wrecks Convention (removal of wrecks and production of evidence of insurance).
(3) The notice must be in writing and must—
(a) specify the deadline set under paragraph 6(a) of that Article for the removal of the wreck, and
(b) inform the registered owner of the other matters set out in paragraph 6(b) and (c) of that Article.
(4) A registered owner who fails, without reasonable excuse, to comply with a notice by the specified deadline is guilty of an offence.
(5) A registered owner guilty of the offence is liable—
(a) on summary conviction, to a fine not exceeding £50,000, or
(b) on conviction on indictment, to a fine
on summary conviction, or on conviction on indictment, to a fine.
(1) This section applies if the Secretary of State has given a registered owner a wreck removal notice.
(2) The Secretary of State may impose conditions as to the removal of the wreck in accordance with paragraph 4 of Article 9 of the Wrecks Convention.
(3) A condition is imposed by giving notice of it to the registered owner.
(4) A registered owner who fails, without reasonable excuse, to comply with a condition is guilty of an offence.
(5) A registered owner guilty of the offence is liable—
(a) on summary conviction, to a fine not exceeding £50,000, or
(b) on conviction on indictment, to a fine
on summary conviction, or on conviction on indictment, to a fine.
(1) The Secretary of State may remove a wreck in the United Kingdom's Convention area in the circumstances set out in paragraph 7 or 8 of Article 9 of the Wrecks Convention.
(2) The Secretary of State may, instead of exercising the power under subsection (1), direct that the power be exercised by any of the following—
(a) a general lighthouse authority;
(b) a harbour authority;
(c) a conservancy authority.
(3) A direction may be given to an authority only in relation to a wreck within the authority's area.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) A direction—
(a) must be in writing, or
(b) where it is not reasonably practicable to give it in writing, must be confirmed in writing as soon as reasonably practicable.
(6) An authority to whom a direction is given must comply with it.
(1) This section applies where—
(a) a ship has been involved in an accident as a result of which it or anything from it has become a wreck in the United Kingdom's Convention area, and
(b) costs have been incurred complying with section 255C or 255F (locating and marking and removal of wrecks).
(2) The person who incurred the costs is entitled to recover them from the ship's registered owner unless the owner proves that an exception set out in paragraph 1(a), (b) or (c) of Article 10 of the Wrecks Convention applies.
(3) The owner is not liable for costs under this section if or to the extent that liability would conflict with—
(a) a convention listed in paragraph 1 of Article 11 of the Wrecks Convention (exceptions to liability),
(b) an enactment implementing such a convention, or
(c) any other provision specified by order made by the Secretary of State.
(4) Where the registered owner of each of two or more ships is liable for costs under this section but the costs for which each is liable cannot reasonably be separated, the registered owners shall be jointly liable for the total costs.
(5) This section does not prevent the exercise of the right (if any) to limit liability by virtue of section 185.
(6) An order under subsection (3)(c) may be made only if a draft has been laid before and approved by resolution of each House of Parliament.
(7) An order may include incidental, supplemental or transitional provision.
An action to recover costs under section 255G may not be brought after the end of whichever of the following ends earlier—
(a) the period of 3 years beginning with the date on which a wreck removal notice was given in respect of the wreck, and
(b) the period of 6 years beginning with the date of the accident which resulted in the wreck.
Costs incurred by a general lighthouse authority in complying with a direction under section 255C or 255F shall be paid out of the General Lighthouse Fund if or to the extent that they are not recovered under section 255G; but section 213 shall apply as if they were expenses of the authority falling within subsection (1) of that section other than establishment expenses.
(1) This section applies to ships with a gross tonnage of 300 or more.
(2) A United Kingdom ship may not enter or leave a port in the United Kingdom or elsewhere unless—
(a) the ship has wreck removal insurance, and
(b) the Secretary of State has certified that it has wreck removal insurance.
(3) A foreign ship may not enter or leave a port in the United Kingdom unless—
(a) the ship has wreck removal insurance, and
(b) there is a certificate confirming that it has wreck removal insurance.
(4) For a ship registered in a foreign Wrecks Convention State the certificate must be one that has been issued by or under the authority of the government of that State.
(5) For a foreign ship registered in any other State the certificate must be one that has been issued—
(a) by the Secretary of State, or
(b) by or under the authority of the government of a Wrecks Convention State.
(6) For the purposes of subsection (1) the gross tonnage of a ship is to be calculated in the manner prescribed by order under paragraph 5(2) of Part II of Schedule 7.
(7) In this Part—
“wreck removal insurance” means a contract of insurance or other security satisfying the requirements of Article 12 of the Wrecks Convention, and “insurer” means the person providing the insurance or other security, and
“wreck removal insurance certificate” means a certificate required by subsection (2)(b) or (3)(b).
(1) The master and operator of a ship are each guilty of an offence if—
(a) the ship enters or leaves a port in contravention of section 255J, or
(b) anyone attempts to navigate the ship into or out of a port in contravention of that section.
(2) A person guilty of the offence is liable—
(a) on summary conviction, to a fine not exceeding £50,000, or
(b) on conviction on indictment, to a fine
on summary conviction, or on conviction on indictment, to a fine.
(1) This section applies to a ship which is required to have a wreck removal insurance certificate before entering or leaving a port.
(2) The master of the ship must ensure that the certificate is carried on board.
(3) The master of the ship must, on request, produce the certificate to—
(a) an officer of Revenue and Customs;
(b) an officer of the Secretary of State;
(c) if the ship is a United Kingdom ship, a proper officer.
(4) Failure to comply with subsection (2) or (3) is an offence.
(5) A person guilty of the offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) This section applies where the registered owner applies to the Secretary of State for a wreck removal insurance certificate in respect of—
(a) a United Kingdom ship, or
(b) a foreign ship registered in a State other than a Wrecks Convention State.
(2) In relation to a United Kingdom ship, the Secretary of State must issue the certificate if satisfied—
(a) that the ship has wreck removal insurance in place for the period to which the certificate will relate, and
(b) that the obligations of the person providing the wreck removal insurance will be met.
(3) In relation to a foreign ship registered in a State other than a Wrecks Convention State, the Secretary of State may issue the certificate if satisfied of the matters in paragraphs (a) and (b) of subsection (2).
(4) The Secretary of State must send a copy of a certificate issued in respect of a United Kingdom ship to the Registrar General of Shipping and Seamen.
(5) The Registrar must make such certificates available for public inspection.
(1) The Secretary of State may make regulations about the cancellation and delivery up of wreck removal insurance certificates issued under section 255N.
(2) A person who fails to deliver up a certificate in accordance with the regulations is guilty of an offence.
(3) A person guilty of the offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) This section applies where—
(a) a ship has been involved in an accident as a result of which it or anything from it has become a wreck in the United Kingdom's Convention area,
(b) at the time of the accident the ship had wreck removal insurance, and
(c) there is a wreck removal insurance certificate in relation to the insurance.
(2) A person who is entitled to recover costs from the ship's registered owner under section 255G may recover them from the insurer.
(3) It is a defence for the insurer to prove that the accident was caused by the wilful misconduct of the ship's registered owner.
(4) The insurer may also rely on any defences available to the registered owner (including section 255H).
(5) The insurer may limit liability in respect of claims made under this section to the same extent as the registered owner may limit liability by virtue of section 185 (or would be able to limit liability by virtue of that section if it were not for paragraph 3 of Part 2 of Schedule 7).
(6) But an insurer may limit liability whether or not the accident is caused by an act or omission mentioned in Article 4 of the Convention set out in Part 1 of Schedule 7.
(7) The following do not apply in relation to any wreck removal insurance to which a wreck removal insurance certificate relates—
(a) the Third Parties (Rights against Insurers) Act 1930;
(b) the Third Parties (Rights against Insurers) (Northern Ireland) Act 1930;
(c) the Third Parties (Rights against Insurers) Act 2010.
(1) This section applies if the Secretary of State has given, or proposes to give, notice under paragraph 13 of Article 12 of the Wrecks Convention (electronic insurance certificates, &c.).
(2) The Secretary of State may by order make such amendments of this Part as the Secretary of State thinks necessary or expedient for giving effect to the notice.
(3) An order may be made only if a draft has been laid before and approved by resolution of each House of Parliament.
(4) An order may include incidental, supplemental or transitional provision.
(1) Expressions used in this Part shall be construed in accordance with Article 1 of the Wrecks Convention.
(2) In this Part—
“accident” means a collision of ships, a stranding, another incident of navigation or another event (whether on board a ship or not) which results in material damage to a ship or its cargo or in an imminent threat of material damage to a ship or its cargo,
“insurer” shall be construed in accordance with section 255J(7),
“wreck removal insurance” has the meaning given by section 255J(7),
“wreck removal insurance certificate” has the meaning given by section 255J(7),
“wreck removal notice” means a notice under section 255D,
“the Wrecks Convention” has the meaning given by section 255A(1), and
“Wrecks Convention State” has the meaning given by section 255A(1).
(3) References in this Part to entering or leaving a port in a State include references to arriving at or leaving an offshore facility in the territorial sea of that State (except in section 255L).
(4) References in this Part to ships registered in a State include unregistered ships entitled to fly the flag of that State.
(5) In determining for the purposes of this Part whether a wreck poses a hazard the Secretary of State must take into account the matters set out in Article 6 of the Wrecks Convention (determination of hazard).
(6) The Secretary of State shall from time to time by order describe the United Kingdom's Convention area.
(7) If Her Majesty by Order in Council declares that any State specified in the Order is a party to the Wrecks Convention, the Order shall, while in force, be conclusive evidence of that fact.
(1) This Part does not apply in relation to warships or ships for the time being used by a State for non-commercial purposes only.
(2) But it does apply to such ships if specified in a notice under paragraph 3 of Article 4 of the Wrecks Convention.
(3) Section 255K does not apply to a ship (an “exempt ship”) that is owned by a Wrecks Convention State.
(4) An exempt ship must have a certificate issued by the government of the State concerned and stating—
(a) that the ship is owned by that State, and
(b) that any liability under section 255G will be met up to the limits prescribed by paragraph 1 of Article 12 of the Wrecks Convention (compulsory insurance).
(5) Section 255M(2) to (5) applies to such a certificate.
(6) Where a ship is owned by a State and operated by a company which is registered in that State as operator of the ship, references in this Part to the registered owner are references to that company.
(7) In proceedings against a Wrecks Convention State for the recovery of costs under section 255G the State shall be treated as having submitted to the jurisdiction of the court in which the proceedings are brought; but this does not authorise execution, or in Scotland the execution of diligence, against the property of a State.
Nothing in this Part affects any claim, or the enforcement of any claim, a person incurring any liability under this Part may have against any other person in respect of that liability.
(1) The Secretary of State may by order amend this Part to reflect any amendment of the Wrecks Convention.
(2) An order under this section may be made only if a draft has been laid before and approved by resolution of each House of Parliament.
(1) The Secretary of State may, if he thinks fit, appoint any person as an inspector to report to him—
(a) upon the nature and causes of any accident or damage which any ship has or is alleged to have sustained or caused;
(b) whether any requirements, restrictions or prohibitions imposed by or under this Act have been complied with or (as the case may be) contravened;
(c) whether the hull and machinery of a ship are sufficient and in good condition;
(d) what measures have been taken to prevent the escape of oil or mixtures containing oil.
(2) The Secretary of State may, at such ports as he thinks fit, appoint persons to be surveyors of ships for the purposes of this Act and may remove any person so appointed.
(3) A surveyor of ships may be appointed either as a ship surveyor or as an engineer surveyor or as both.
(4) Surveyor of ships may be appointed either generally or for any particular case or purpose.
(5) The Secretary of State may also appoint a surveyor general of ships for the United Kingdom and such other officers in connection with the survey of ships and other matters incidental thereto as he thinks fit.
(6) The Secretary of State may appoint persons to be inspectors for the purposes of sections 261 to 266.
(7) Every inspector appointed under subsection (1) above shall be treated as appointed under subsection (6) above.
(8) Every surveyor of ships shall be treated as a person appointed generally under subsection (1) above to report to the Secretary of State in every kind of case falling within paragraphs (b) and (d) of that subsection in relation to Chapter II of Part VI.
(9) In this Act—
(a) “Departmental inspector” means an inspector appointed under subsection (1) above;
(b) “surveyor of ships” means a surveyor appointed under subsection (2) above;
(c) “Departmental officer” means any officer of the Secretary of State discharging functions of his for the purposes of this Act;
and the reference to requirements, restrictions or prohibitions under this Act includes any such requirements, restrictions or prohibitions constituting the terms of any approval, licence, consent or exemption given in any document issued under this Act.
(1) The Scottish Ministers may authorise any member of the staff of the Scottish Administration to exercise any of the powers under sections 125(3), 258 and 284(1) of an officer of, or a person appointed by, a Minister of the Crown for the purpose of enforcing, in Scotland or in the Scottish zone and in relation to fishing vessels, sections 49 and 125; and sections 258(5) and 284(4) and (5) shall apply in relation to a member of the staff of the Scottish Administration authorised under this section as they apply to such an officer or person.
(2) In this section, “the Scottish zone” has the same meaning as in section 126(1) of the Scotland Act 1998.
257 Powers to require production of ships documents.
(1) The powers conferred by this section are conferred in relation to United Kingdom ships and are available to any of the following officers, namely—
(a) any Departmental officer,
(b) any commissioned naval officer,
(c) any British consular officer,
(d) the Registrar General of Shipping and Seamen or any person discharging his functions,
(e) any chief officer of customs and excise,
(f) any superintendent,
whenever the officer has reason to suspect that this Act or any law for the time being in force relating to merchant seamen or navigation is not complied with.
(2) Those powers are—
(a) to require the owner, master, or any of the crew to produce any official log-books or other documents relating to the crew or any member of the crew in their possession or control;
(b) to require the master to produce a list of all persons on board his ship, and take copies of or extracts from the official log-books or other such documents;
(c) to muster the crew; and
(d) to require the master to appear and give any explanation concerning the ship or her crew or the official log-books or documents produced or required to be produced.
(3) If any person, on being duly required by an officer under this section to produce a log-book or any document, fails without reasonable excuse to produce the log-book or document, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) If any person, on being duly required by any officer under this section—
(a) to produce a log-book or document, refuses to allow the log-book or document to be inspected or copied;
(b) to muster the crew, impedes the muster; or
(c) to give any explanation, refuses or neglects to give the explanation or knowingly misleads or deceives the officer;
he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
258 Powers to inspect ships and their equipment, etc.
(1) For the purposes of seeing that the provisions of this Act other than sections 131 to 141 and sections 143 to 151 and the provisions of regulations and rules made under this Act (other than those sections) are complied with or that the terms of any approval, licence, consent, direction or exemption given by virtue of such regulations are duly complied with, the following persons, namely—
(a) a surveyor of ships,
(b) a superintendent,
(c) any person appointed by the Secretary of State, either generally or in a particular case, to exercise powers under this section,
may at all reasonable times go on board a ship in the United Kingdom or in United Kingdom waters and inspect the ship and its equipment or any part thereof, any articles on board and any document carried in the ship in pursuance of this Act . . . or in pursuance of regulations or rules under this Act . . ..
(1A) The powers conferred by subsection (1) above are not exercisable in relation to a qualifying foreign ship while the ship is exercising—
(a) the right of innocent passage, or
(b) the right of transit passage through straits used for international navigation.
(2) The powers conferred by subsection (1) above are, if the ship is a United Kingdom ship, also exercisable outside United Kingdom waters and may be so exercised by a proper officer as well as the persons mentioned in that subsection.
(3) A person exercising powers under this section shall not unnecessarily detain or delay a ship but may, if he considers it necessary in consequence of an accident or for any other reason, require a ship to be taken into dock for a survey of its hull or machinery.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) If any person obstructs a person in the exercise of his powers under this section, or fails to comply with a requirement made under subsection (3) above, he shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
259 Powers of inspectors in relation to premises and ships.
(1) The powers conferred by this section are conferred in relation to—
(a) any premises in the United Kingdom; or
(b) any United Kingdom ship wherever it may be and any other ship which is present in the United Kingdom or in United Kingdom waters;
and are available to any Departmental inspector, or any inspector appointed under section 256(6), for the purpose of performing his functions.
(2) Such an inspector—
(a) may at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time)—
(i) enter any premises , or
(ii) board any ship,
if he has reason to believe that it is necessary for him to do so;
(b) may, on entering any premises by virtue of paragraph (a) above or on boarding a ship by virtue of that paragraph, take with him any other person authorised for the purpose by the Secretary of State and any equipment or materials he requires;
(c) may make such examination and investigation as he considers necessary;
(d) may give a direction requiring that the premises or ship or any part of the premises or ship or any thing in the premises or ship or such a part shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation under paragraph (c) above;
(e) may take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (c) above;
(f) may take samples of any articles or substances found in the premises or ship and of the atmosphere in or in the vicinity of the premises or ship;
(g) may, in the case of any article or substance which he finds in the premises or ship and which appears to him to have caused or to be likely to cause danger to health or safety, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless that is in the circumstances necessary);
(h) may, in the case of any such article or substance as is mentioned in paragraph (g) above, take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—
(i) to examine it and do to it anything which he has power to do under that paragraph,
(ii) to ensure that it is not tampered with before his examination of it is completed,
(iii) to ensure that it is available for use as evidence in any proceedings for an offence under this Act or any instrument made under it;
(i) may require any person who he has reasonable cause to believe is able to give any information relevant to any examination or investigation under paragraph (c) above—
(i) to attend at a place and time specified by the inspector, and
(ii) to answer (in the absence of persons other than any persons whom the inspector may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the inspector thinks fit to ask, and
(iii) to sign a declaration of the truth of his answers;
(j) may require the production of, and inspect and take copies of or of any entry in,—
(i) any books or documents which by virtue of any provision of this Act are required to be kept; and
(ii) any other books or documents which he considers it necessary for him to see for the purposes of any examination or investigation under paragraph (c) above;
(k) may require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as the inspector considers are necessary to enable him to exercise any of the powers conferred on him by this subsection.
(3) The powers conferred by subsection (2) above to require the production of any document and copy it include, in relation to oil record books required to be carried under section 142, power to require the master to certify the copy as a true copy.
(4) The powers conferred by subsection (2) above to inspect premises shall also be exercisable, for the purpose of Chapter II of Part VI, in relation to any apparatus used for transferring oil.
(5) The powers of entry and inspection of premises conferred by subsections (2) and (4) above for the purposes of Chapter II of Part VI shall not be exercisable by Departmental inspectors (or surveyors of ships in their capacity as Departmental inspectors) in relation to places on land in Northern Ireland and apparatus located in Northern Ireland otherwise than on board ships; but persons appointed by the Department of the Environment for Northern Ireland shall have the like powers; and those subsections shall have effect accordingly in relation to persons so appointed.
(6) The powers conferred by subsection (2)(a), (c) and (j) above shall also be exercisable, in relation to a ship in a harbour in the United Kingdom, by the harbour master or other persons appointed by the Secretary of State for the purpose, for the purpose of ascertaining the circumstances relating to an alleged discharge of oil or a mixture containing oil from the ship into the harbour.
(7) It is hereby declared that nothing in the preceding provisions of this section authorises a person unnecessarily to prevent a ship from proceeding on a voyage.
(8) The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the taking of samples under subsection (2)(f) above and subsection (11) below and provision as to the way in which samples that have been so taken are to be dealt with.
(9) Where an inspector proposes to exercise the power conferred by subsection (2)(g) above in the case of an article or substance found in any premises or ship, he shall, if so requested by a person who at the time is present in and has responsibilities in relation to the premises or ship, cause anything which is to be done by virtue of that power to be done in the presence of that person unless the inspector considers that its being done in that person’s presence would be prejudicial to the safety of that person.
(10) Before exercising the power conferred by subsection (2)(g) above, an inspector shall consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.
(11) Where under the power conferred by subsection (2)(h) above an inspector takes possession of any article or substance found in any premises or ship, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power an inspector shall, if it is practicable for him to do so, take a sample of the substance and give to a responsible person at the premises or on board the ship a portion of the sample marked in a manner sufficient to identify it.
(12) No answer given by a person in pursuance of a requirement imposed under subsection (2)(i) above shall be admissible in evidence against that person or the husband or wife of that person in any proceedings except proceedings in pursuance of subsection (1)(c) of section 260 in respect of a statement in or a declaration relating to the answer; and a person nominated as mentioned in the said subsection (2)(i) shall be entitled, on the occasion on which the questions there mentioned are asked, to make representations to the inspector on behalf of the person who nominated him.
(1) A person who—
(a) intentionally obstructs an inspector in the exercise of any power available to him under section 259; or
(b) without reasonable excuse, does not comply with a requirement imposed in pursuance of section 259 or prevents another person from complying with such a requirement; or
(c) without prejudice to the generality of paragraph (b) above, makes a statement or signs a declaration which he knows is false, or recklessly makes a statement or signs a declaration which is false, in purported compliance with a requirement made in pursuance of subsection (2)(i) of section 259,
shall be liable—
(i) on summary conviction, to a fine not exceeding the statutory maximum;
(ii) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine or both.
(2) Nothing in section 259 shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, as the case may be, on an order for the production of documents in an action in the Court of Session.
(3) A person who complies with a requirement imposed on him in pursuance of paragraph (i)(i) or (k) of subsection (2) of section 259 shall be entitled to recover from the person who imposed the requirement such sums in respect of the expenses incurred in complying with the requirement as are prescribed by regulations made by the Secretary of State.
(4) Regulations under subsection (3) above may make different provision for different circumstances.
(5) Any payments under subsection (3) above shall be made out of money provided by Parliament.
(1) If an inspector appointed under section 256(6) is of the opinion that a person—
(a) is contravening one or more of the relevant statutory provisions, or
(b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated,
he may serve on that person a notice under this section, (referred to in the following sections of this Part as an improvement notice).
(2) An improvement notice shall—
(a) state that the inspector is of the said opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion, and
(b) require the person on whom the notice is served to remedy the contravention in question or (as the case may be) the matters occasioning it within such period as may be specified in the notice.
(3) The period specified in pursuance of subsection (2)(b) above shall not expire before the end of the period within which a notice can be given under section 264 requiring questions relating to the improvement notice to be referred to arbitration.
(4) In this and the following sections of this Part “the relevant statutory provisions” means—
(a) sections 43, 44, 46 to 55, 85, 86, 88 (and Schedule 2), . . . . . .99, 109, 115, 116, 121 to 126, 128, 129, 130 130A, 131 to 151 and 272; and
(b) the provisions of any instrument of a legislative character having effect under any of those provisions.
(1) If, as regards any relevant activities which are being or are likely to be carried on on board any ship by or under the control of any person, an inspector appointed under section 256(6) is of the opinion that, as so carried on or as likely to be so carried on, the activities involve or (as the case may be) will involve the risk of—
(a) serious personal injury to any person (whether on board the ship or not), or
(b) serious pollution of any navigable waters,
the inspector may serve on the first-mentioned person a notice under this section (referred to in the following sections of this Part as a “prohibition notice”).
(2) In subsection (1) above “relevant activities” means activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are carried on as mentioned in that subsection, apply.
(3) A prohibition notice shall—
(a) state that the inspector is of the said opinion;
(b) specify the matters which in his opinion give or (as the case may be) will give rise to the said risk;
(c) where in his opinion any of those matters involve or (as the case may be) will involve a contravention of any of the relevant statutory provisions state that he is of that opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and
(d) direct—
(i) that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served, or
(ii) that the ship shall not go to sea,
(or both of those things) unless the matters specified in the notice in pursuance of paragraph (b) above, and any associated contraventions of any provision so specified in pursuance of paragraph (c) above, have been remedied.
(4) A direction contained in a prohibition notice in pursuance of subsection (3)(d) above shall take effect—
(a) at the end of a period specified in the notice, or
(b) if the direction is given in pursuance of subsection (3)(d)(ii) above or the notice so declares, immediately.
263 Provisions supplementary to sections 261 and 262.
(1) An improvement notice or a prohibition notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.
(2) An improvement notice or a prohibition notice shall not direct any measures to be taken to remedy the contravention of any of the relevant statutory provisions that are more onerous than those necessary to secure compliance with that provision.
(3) Where an improvement notice or a prohibition notice that is not to take immediate effect has been served—
(a) the notice may be withdrawn by an inspector at any time before the end of the period specified in it in pursuance of section 261(2)(b) or (as the case may be) section 262(4); and
(b) the period so specified may be extended or further extended by an inspector at any time when a reference to arbitration in respect of the notice is not pending under section 264.
(1) Any question—
(a) as to whether any of the reasons or matters specified in an improvement notice or a prohibition notice in pursuance of section 261(2)(a) or 262(3)(b) or (c) in connection with any opinion formed by the inspector constituted a valid basis for that opinion, or
(b) as to whether any directions included in the notice in pursuance of section 263(1) were reasonable,
shall, if the person on whom the notice was served so requires by a notice given to the inspector within 21 days from the service of the notice, be referred to a single arbitrator appointed by agreement between the parties for that question to be decided by him.
(2) Where a notice is given by a person in accordance with subsection (1) above, then—
(a) in the case of an improvement notice, the giving of the notice shall have the effect of suspending the operation of the improvement notice until the decision of the arbitrator is published to the parties or the reference is abandoned by that person;
(b) in the case of a prohibition notice, the giving of the notice shall have the effect of so suspending the operation of the prohibition notice if, but only if, on the application of that person the arbitrator so directs (and then only from the giving of the direction).
(3) Where on a reference under this section the arbitrator decides as respects any reason, matter or direction to which the reference relates, that in all the circumstances—
(a) the reason or matter did not constitute a valid basis for the inspector’s opinion, or
(b) the direction was unreasonable,
he shall either cancel the notice or affirm it with such modifications as he may in the circumstances think fit; and in any other case the arbitrator shall affirm the notice in its original form.
(4) Where any reference under this section involves the consideration by the arbitrator of the effects of any particular activities or state of affairs on the health or safety of any persons, he shall not on that reference make any decision such as is mentioned in subsection (3)(a) or (b) above except after—
(a) in the case of an improvement notice, affording an opportunity of making oral representations to him with respect to those effects to a member of any such panel of representatives of maritime trade unions as may be appointed by the Secretary of State for the purposes of this subsection; or
(b) in the case of a prohibition notice, affording an opportunity of making such representations to him to either—
(i) a representative of a trade union representing persons whose interests it appears to him that the notice was designed to safeguard, or
(ii) a member of any such panel as is referred to in paragraph (a) above,
as he thinks appropriate; and
(c) (in either case) considering any representations made to him in pursuance of paragraph (a) or (b) above.
(5) A person shall not be qualified for appointment as an arbitrator under this section unless he is—
(a) a person holding a certificate of competency as a master mariner or as a marine engineer officer class 1, or a person holding a certificate equivalent to any such certificate;
(b) a naval architect;
(c) a person falling with subsection (6); or
(d) a person with special experience of shipping matters, of the fishing industry, or of activities carried on in ports.
(6) For the purposes of subsection (5)(c) a person falls within this subsection if—
(a) he satisfies the judicial-appointment eligibility condition on a 7-year basis;
(b) he is an advocate or solicitor in Scotland of at least 7 years’ standing; or
(c) he is a member of the bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing.
(7) In connection with his functions under this section an arbitrator shall have the powers conferred on an inspector by section 259 other than subsections (3), (4) and (6).
(8) In the application of this section to Scotland any reference to an arbitrator shall be construed as a reference to an arbiter and the reference in subsection (1) above to a single arbitrator appointed by agreement between the parties shall be construed as a reference to a single arbiter so appointed or, in default of agreement, appointed by the sheriff.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
265 Compensation in connection with invalid prohibition notices.
(1) If on a reference under section 264 relating to a prohibition notice—
(a) the arbitrator decides that any reason or matter did not constitute a valid basis for the inspector’s opinion, and
(b) it appears to him that there were no reasonable grounds for the inspector to form that opinion,
the arbitrator may, subject to subsection (3) below, award the person on whom the notice was served such compensation in respect of any loss suffered by him in consequence of the service of the notice as the arbitrator thinks fit.
(2) If on any such reference the arbitrator decides that any direction included in the notice was unreasonable, the arbitrator may, subject to subsection (3) below, award the person on whom the notice was served such compensation in respect of any loss suffered by him in consequence of the direction as the arbitrator thinks fit.
(3) An arbitrator shall not award any compensation under subsection (1) or (2) above in the case of any prohibition notice unless—
(a) it appears to him that the direction given in pursuance of section 262(3)(d) contained any such requirement as is mentioned in subparagraph (ii) of that provision; or
(b) it appears to him that—
(i) the inspector was of the opinion that there would be such a risk of injury or pollution as is referred to in the notice if the ship went to sea, and
(ii) the effect of the direction given in pursuance of section 262(3)(d) was to prohibit the departure of the ship unless the matters, or (as the case may be) the matters and contraventions, referred to in the direction were remedied.
(4) Any compensation awarded under this section shall be payable by the Secretary of State.
(5) In the application of this section to Scotland any reference to an arbitrator shall be construed as a reference to an arbiter.
(1) Any person who contravenes any requirement imposed by an improvement notice shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(2) Any person who contravenes any prohibition imposed by a prohibition notice shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
(3) It shall be a defence for a person charged with an offence under this section to prove that he exercised all due diligence to avoid a contravention of the requirement or prohibition in question.
(4) In this section any reference to an improvement notice or a prohibition notice includes a reference to any such notice as modified under section 264(3).
(1) The Secretary of State shall, for the purpose of the investigation of any such accidents as are mentioned in subsection (2) below, appoint such number of persons as he may determine to be inspectors of marine accidents, and he shall appoint one of those persons to be Chief Inspector of Marine Accidents.
(2) The accidents referred to in subsection (1) above are—
(a) any accident involving a ship or ship’s boat where, at the time of the accident—
(i) the ship is a United Kingdom ship, or
(ii) the ship, or (in the case of an accident involving a ship’s boat) that boat, is within United Kingdom waters, and
(b) such other accidents involving ships or ships’ boats as the Secretary of State may determine.
(3) The Secretary of State may by regulations make such provision as he considers appropriate with respect to the investigation of any such accidents as are mentioned in subsection (2) above.
(4) Any such regulations may, in particular, make provision—
(a) with respect to the definition of “accident” for the purposes of this section and the regulations;
(b) imposing requirements as to the reporting of accidents;
(c) prohibiting, pending investigation, access to or interference with any ship or ship’s boat involved in an accident;
(d) authorising any person, so far as may be necessary for the purpose of determining whether an investigation should be carried out, to have access to, examine, remove, test, take measures for the preservation of, or otherwise deal with, any such ship or boat or any other ship or ship’s boat;
(e) specifying, with respect to the investigation of accidents, the functions of the Chief Inspector of Marine Accidents (which may include the function of determining whether, and if so by whom, particular accidents should be investigated), the functions of other inspectors of marine accidents, and the manner in which any such functions are to be discharged;
(f) for the appointment by the Chief Inspector of Marine Accidents, in such circumstances as may be specified in the regulations, of persons to carry out investigations under this section who are not inspectors of marine accidents;
(g) for the appointment by any Minister of the Crown of persons to review any findings or conclusions of a person carrying out an investigation under this section;
(h) for the procedure to be followed in connection with investigations or reviews under this section;
(i) for conferring on persons discharging functions under the regulations who are not inspectors of marine accidents all or any of the powers conferred on an inspector by section 259;
(j) for the submission to the Secretary of State, and the publication by him, of reports of investigations or reviews under this section;
(k) for the publication by the Chief Inspector of Marine Accidents of reports and other information relating to accidents.
(5) Regulations under this section may provide for any provisions of the regulations to apply to any specified class or description of incidents or situations which involve, or occur on board, ships or ships’ boats but are not accidents for the purposes of the regulations, being a class or description framed by reference to any of the following, namely—
(a) the loss or destruction of or serious damage to any ship or structure,
(b) the death of or serious injury to any person, or
(c) environmental damage,
whether actually occurring or not, and (subject to such modifications as may be specified in the regulations) for those provisions to apply in relation to any such incidents or situations as they apply in relation to accidents.
(6) Regulations under this section may provide that a contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by a fine.
(7) The Chief Inspector of Marine Accidents, or (as the case may be) inspectors of marine accidents generally, shall discharge such functions in addition to those conferred by or under the preceding provisions of this section as the Secretary of State may determine.
(8) Any inspector of marine accidents shall, for the purpose of discharging any functions conferred on him by or under this section, have the powers conferred on an inspector by section 259.
(9) Nothing in this section shall limit the powers of any authority under sections 252, 253 and 254.
(10) In this section—
(a) references to an accident involving a ship or ship’s boat include references to an accident occurring on board a ship or ship’s boat (and any reference to a ship or ship’s boat involved in an accident shall be construed accordingly); and
(b) “ship’s boat” includes a life-raft.
(1) Where any accident has occurred, the Secretary of State may (whether or not an investigation into it has been carried out under section 267) cause a formal investigation into the accident to be held—
(a) if in England, Wales or Northern Ireland, by a wreck commissioner, and
(b) if in Scotland, by the sheriff;
and in this section “accident” means any accident to which regulations under that section apply or any incident or situation to which any such regulations apply by virtue of subsection (5) of that section.
(2) A wreck commissioner or sheriff holding a formal investigation shall conduct it in accordance with rules under section 270(1); and those rules shall require the assistance of one or more assessors and, if any question as to the cancellation or suspension of an officer’s certificate is likely, the assistance of not less than two assessors.
(3) Subsections (1), (3) and (4) of section 97 of the Magistrates’ Courts Act 1980 (which provide for the attendance of witnesses and the production of evidence) shall apply in relation to a formal investigation held by a wreck commissioner as if the wreck commissioner were a magistrates’ court and the investigation a complaint; and the wreck commissioner shall have power to administer oaths for the purposes of the investigation.
(4) Where a formal investigation is held in Scotland the sheriff shall, subject to any rules made under section 270(1), dispose of it as a summary application, and, subject to section 269, his decision on the investigation shall be final.
(5) If as a result of the investigation the wreck commissioner or sheriff is satisfied, with respect to any officer, of any of the matters mentioned in paragraphs (a) to (c) of section 61(1) and, if it is a matter mentioned in paragraph (a) or (b) of that section, is further satisfied that it caused or contributed to the accident, he may cancel or suspend any certificate issued to the officer under section 47 or censure him; and if he cancels or suspends the certificate the officer shall deliver it forthwith to him or to the Secretary of State.
(6) If a person fails to deliver a certificate as required under subsection (5) above he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) Where a certificate has been cancelled or suspended under this section, the Secretary of State, if of the opinion that the justice of the case requires it, may re-issue the certificate or, as the case may be, reduce the period of suspension and return the certificate, or may grant a new certificate of the same or a lower grade in place of the cancelled or suspended certificate.
(8) The wreck commissioner or sheriff may make such awards as he thinks just with regard to the costs (or, as the case may be, expenses) of the investigation and of any parties at the investigation, and with regard to the parties by whom those costs or expenses are to be paid; and any such award of the wreck commissioner may, on the application of any party named in it, be made an order of the High Court.
(9) Any costs or expenses directed by an award to be paid shall be taxable—
(a) in the High Court, or
(b) where the investigation was held in Scotland, by the auditor of the sheriff court in which it was held and in accordance with the table of fees regulating the taxation of solicitors’ accounts.
(10) The wreck commissioner or sheriff shall make a report on the investigation to the Secretary of State.
(11) In its application to Northern Ireland this section shall have effect as if in subsection (3) above for the references to subsections (1), (3) and (4) of section 97 of the Magistrates’ Courts Act 1980 there were substituted references to paragraphs (1) and (3) of Article 118 and paragraph (1) of Article 120 of the Magistrates’ Courts (Northern Ireland) Order 1981.
(1) Where a formal investigation has been held under section 268 the Secretary of State may order the whole or part of the case to be re-heard, and shall do so—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) if there appear to the Secretary of State to be ... grounds for suspecting that a miscarriage of justice may have occurred.
(2) An order under subsection (1) above may provide for the re-hearing to be as follows—
(a) if the investigation was held in England, Wales or Northern Ireland, by a wreck commissioner or by the High Court;
(b) if it was held in Scotland, by the sheriff or by the Court of Session.
(3) Any re-hearing under this section which is not held by the High Court or the Court of Session shall be conducted in accordance with rules made under section 270(1); and section 268 shall apply in relation to a re-hearing of an investigation by a wreck commissioner or sheriff as it applies in relation to the holding of an investigation.
(4) Where the wreck commissioner or sheriff holding the investigation has decided to cancel or suspend the certificate of any person or has found any person at fault, then, if no application for an order under subsection (1) above has been made or such an application has been refused, that person or any other person who, having an interest in the investigation, has appeared at the hearing and is affected by the decision or finding, may appeal—
(a) to the High Court if the investigation was held in England, Wales or Northern Ireland;
(b) to the Court of Session if it was held in Scotland.
(5) Section 268(7) applies for the purposes of this section as it applies for the purposes of that section.
(1) The Secretary of State may make rules for the conduct of formal investigations under section 268 and for the conduct of any re-hearing under section 269 which is not held by the High Court or the Court of Session.
(2) Without prejudice to the generality of subsection (1) above, rules under this section may provide for the appointment and summoning of assessors, the manner in which any facts may be proved, the persons allowed to appear, and the notices to be given to persons affected.
(3) Rules of court made for the purpose of re-hearings under section 269 which are held by the High Court, or of appeals to the High Court, may require the court, subject to such exceptions, if any, as may be allowed by the rules, to hold such a re-hearing or hear such an appeal with the assistance of one or more assessors.
271 Inquiries into deaths of crew members and others.
(1) Subject to subsection (6) below, where—
(a) any person dies in a United Kingdom ship or in a boat or life-raft from such a ship, or
(b) the master of or a seaman employed in such a ship dies in a country outside the United Kingdom,
an inquiry into the cause of the death shall be held by a superintendent or proper officer at the next port where the ship calls after the death and where there is a superintendent or proper officer, or at such other place as the Secretary of State may direct.
(2) Subject to subsection (6) below, where it appears to the Secretary of State that—
(a) in consequence of an injury sustained or a disease contracted by a person when he was the master of or a seaman employed in a United Kingdom ship, he ceased to be employed in the ship and subsequently died, and
(b) the death occurred in a country outside the United Kingdom during the period of one year beginning with the day on which he so ceased,
the Secretary of State may arrange for an inquiry into the cause of the death to be held by a superintendent or proper officer.
(3) Subject to subsection (6) below, where it appears to the Secretary of State that a person may—
(a) have died in a United Kingdom ship or in a boat or life-raft from such a ship, or
(b) have been lost from such a ship, boat or life-raft and have died in consequence of being so lost,
the Secretary of State may arrange for an inquiry to be held by a superintendent or proper officer into whether the person died as mentioned above and, if the superintendent or officer finds that he did, into the cause of the death.
(4) The superintendent or proper officer holding the inquiry shall for the purpose of the inquiry have the powers conferred on an inspector by section 259.
(5) The person holding the inquiry shall make a report of his findings to the Secretary of State who shall make the report available—
(a) if the person to whom the report relates was employed in the ship and a person was named as his next of kin in the crew agreement or list of the crew in which the name of the person to whom the report relates last appeared, to the person so named;
(b) in any case, to any person requesting it who appears to the Secretary of State to be interested.
(6) No inquiry shall be held under this section where—
(a) in England and Wales, an investigation is to be conducted under Part 1 of the Coroners and Justice Act 2009;
(b) in Northern Ireland, an inquest is to be held under the Coroners Act (Northern Ireland) 1959;
(c) in Scotland, an inquiry is to be held under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.
(1) Where the master or a member of the crew of a United Kingdom fishing vessel is injured during a voyage, an inquiry into the cause and nature of the injury may be held by a superintendent or proper officer.
(2) The superintendent or proper officer holding an inquiry under this section shall, for the purposes of the inquiry, have the powers conferred on a Departmental inspector by section 259 and shall make a report of his findings to the Secretary of State.
273 Transmission of particulars of certain deaths on ships.
(1) Where—
(a) an inquest is held into a death or subsection (2) below applies; and
(b) it appears to the coroner that the death in question is such as is mentioned in section 108(2) or in that subsection as extended (with or without amendments) by virtue of section 307,
it shall be the duty of the coroner to send to the Registrar General of Shipping and Seamen particulars in respect of the deceased of a kind prescribed by regulations made by the Secretary of State.
(2) This subsection applies where—
(a) in England and Wales, an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death is discontinued under section 4 of that Act (cause of death becoming clear before inquest); or
(b) in Northern Ireland, a preliminary investigation is made of a dead body as a result of which the coroner is satisfied that an inquest is unnecessary.
(1) Subject to subsections (2) and (3) below, no person shall be convicted of an offence under this Act in summary proceedings unless—
(a) the proceedings were commenced within six months beginning with the date on which the offence was committed; or
(b) in a case where the accused happens during that period to be out of the United Kingdom, the proceedings were commenced within two months after he first happens to arrive within the United Kingdom and before the expiration of three years beginning with the date on which the offence was committed.
(2) Nothing in subsection (1) above shall apply in relation to any indictable offence.
(3) Subsection (1) above shall not prevent a conviction for an offence in summary proceedings begun before the expiration of three years beginning with the date on which the offence was committed and before—
(a) the expiration of the period of six months beginning with the day when evidence which the Secretary of State considers is sufficient to justify a prosecution for the offence came to his knowledge; or
(b) the expiration of two months beginning with the day when the accused was first present in the United Kingdom after the expiration of the period mentioned in paragraph (a) above if throughout that period the accused was absent from the United Kingdom.
(4) For the purpose of subsection (3) above—
(a) a certificate of the Secretary of State stating that evidence came to his knowledge on a particular day shall be conclusive evidence of that fact; and
(b) a document purporting to be a certificate of the Secretary of State and to be signed on his behalf shall be presumed to be such a certificate unless the contrary is proved.
(5) In the application of this section to Scotland—
(a) in subsection (3)(a) above, for the words from “Secretary” to “knowledge” there shall be substituted the words “ Lord Advocate considers is sufficient to justify a prosecution for the offence came to his knowledge, or, where such evidence is reported to him by the Secretary of State, the expiration of the period of six months beginning with the day when it came to the knowledge of the Secretary of State ”;
(b) in subsection (4)(a) and (b) above, for the words “Secretary of State” there shall be substituted the words “ Lord Advocate or the Secretary of State, as the case may be, ”.