Wreck Removal Convention Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Wreck Removal Convention Bill

Wreck Removal Convention Bill
5

255H
Limitation period
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
5
(b)
the period of 6 years beginning with the date of the accident
which resulted in the wreck.
255I
Expenses of general lighthouse authorities
Costs incurred by a general lighthouse authority in complying with a
direction under section 255C or 255F shall be paid out of the General
10
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.
Insurance
15
255J
Wreck removal insurance
(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
20
(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
25
(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.
30
(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.
35
(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
40
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).
45

Wreck Removal Convention Bill
6

255K
Failure to insure
(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
5
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.
255L
Detention of ships
10
A ship may be detained if anyone attempts to navigate it out of a port
in contravention of section 255J.
255M
Production of certificates
(1)
This section applies to a ship which is required to have a wreck removal
insurance certificate before entering or leaving a port.
15
(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;
20
(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.
255N
Issue of certificates
25
(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.
30
(2)
In the 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
35
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
40
of a United Kingdom ship to the Registrar General of Shipping and
Seamen.

Wreck Removal Convention Bill
7

(5)
The Registrar must make such certificates available for public
inspection.
255O
Cancellation of certificates
(1)
The Secretary of State may make regulations about the cancellation and
delivery up of wreck removal insurance certificates issued under
5
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.
10
255P
Third parties’ rights against insurers
(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,
15
(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
20
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).
25
(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
30
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;
35
(b)
the Third Parties (Rights against Insurers) (Northern Ireland)
Act 1930;
(c)
the Third Parties (Rights against Insurers) Act 2010.
255Q
Electronic certificates
(1)
This section applies if the Secretary of State has given, or proposes to
40
give, notice under paragraph 13 of Article 12 of the Wrecks Convention
(electronic insurance certificates, &c.).

Wreck Removal Convention Bill
8

(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.
5
(4)
An order may include incidental, supplemental or transitional
provision.
Supplemental
255R
Interpretation etc.
(1)
Expressions used in this Part shall be construed in accordance with
10
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
15
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
20
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
25
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
30
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 taken 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
35
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.
255S
Government ships
40
(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.

Wreck Removal Convention Bill
9

(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
5
(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
10
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;
15
but this does not authorise execution, or in Scotland the execution of
diligence, against the property of a State.
255T
Saving
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
20
other person in respect of that liability.
255U
Power to amend
(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
25
before and approved by resolution of each House of Parliament.”
(3)
In section 306(2A)(c) (orders not subject to annulment), after “223(3)” insert
“255G(3)(c), 255Q(2), 255U(1)”.
(4)
After Schedule 11 insert the Schedule set out in the Schedule to this Act.
(5)
In section 315(2) to (5) (power to extend Act to relevant British possessions) a
30
reference to the Merchant Shipping Act 1995 includes a reference to that Act as
amended by this Act.
2
Short title and commencement
(1)
This Act may be cited as the Wreck Removal Convention Act 2011.
(2)
This Act comes into force in accordance with provision made by the Secretary
35
of State by order made by statutory instrument.
(3)
An order may include transitional provision (including savings).