Marine Navigation (No. 2) Bill (HL Bill 64)

Marine Navigation (No. 2) BillPage 10

(3) Where an authority enter or seek to enter into hire or service
agreements—

(a) expenditure of the authority incurred in connection with the
agreements, and with the Secretary of State’s consent, must be
5paid out of the General Lighthouse Fund, and

(b) sums received by the authority under the agreements must be
paid into the General Lighthouse Fund.

(4) The Secretary of State may consent to expenditure in acquiring an asset
for the purpose of entering into hire agreements only if the Secretary of
10State thinks that the expenditure is merely preparatory or subsidiary to
hire agreements in respect of other assets (such as in the case of
acquiring one asset to be used with another or to be used in fitting,
maintaining or converting another).

(5) An authority must send a copy of any hire or service agreement to the
15Secretary of State.

(6) Consent under this section—

(a) may be subject to conditions,

(b) may be general or specific, and

(c) may be prospective or retrospective.

(2) 20In section 197 omit subsections (8) to (11) (power to exploit spare capacity).

Manning requirements and marking wrecks

10 Manning requirements for ships

In section 47 of the Merchant Shipping Act 1995 (manning requirements) after
subsection (4) insert—

(4A) 25Standards of competence or other conditions prescribed or specified by
the Secretary of State under subsection (1)(b) may be expressed by
reference to other documents.

(4B) A reference to a document in reliance on subsection (4A) may include
a reference to amendments of the document which are—

(a) 30made after the conditions are prescribed or specified, and

(b) approved for the purposes of the regulations by the Secretary of
State.

11 Marking wrecks

(1) In section 252 of the Merchant Shipping Act 1995 (c. 21)Merchant Shipping Act 1995 (c. 21) (powers of harbour
35and conservancy authorities in relation to wrecks) in subsection (2)(b) for “light
or buoy” substitute “mark the location of”.

(2) After subsection (3) of that section insert—

(3A) For the purposes of subsection (2)(b) a location may be marked by—

(a) buoys, lights or other physical devices;

(b) 40the transmission of information about the location.

Marine Navigation (No. 2) BillPage 11

General

12 Extent

(1) An amendment or repeal made by this Act has the same extent as the
enactment to which it relates.

(2) 5Section 7 extends to England and Wales only.

13 Commencement

(1) Sections 1 to 11 come into force on such day or days as the Secretary of State
may by order made by statutory instrument appoint, subject to subsections (2)
and (3).

(2) 10Sections 5 and 6 come into force in relation to fishery harbours in Wales on such
day or days as the Welsh Ministers may by order made by statutory instrument
appoint.

(3) Sections 1 to 6 come into force in Scotland on such day or days as the Scottish
Ministers may by order appoint.

(4) 15An order under this section—

(a) may make provision generally or only for specified purposes,

(b) may make different provision for different purposes, and

(c) may include incidental or transitional provision (including savings).

14 Short title

20This Act may be cited as the Marine Navigation Act 2012.