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A | |
Bill | |
To | |
Make provision about the giving of directions in respect of ships for purposes | |
relating to safety or pollution and about the taking of action to enforce, in | |
connection with, or in lieu of, directions; to make provision about fire-fighting | |
in connection with marine incidents; and for connected purposes. | |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
1 Safety directions | |
(1) The following shall be inserted in Part IV of the Merchant Shipping Act 1995 | |
(c. 21) (safety) after section 108 (births and deaths)— | |
“108A Safety directions | |
(1) Schedule 3A (safety directions) shall have effect. | 5 |
(2) A provision made by or by virtue of this Act (including one which | |
creates an offence) shall have no effect in so far as it— | |
(a) is inconsistent with the exercise by or on behalf of the Secretary | |
of State of a power under Schedule 3A (safety directions), | |
(b) would interfere with a person’s compliance with a direction | 10 |
under that Schedule, or | |
(c) would interfere with action taken by virtue of that Schedule.” | |
(2) Before Schedule 4 to that Act there shall be inserted new Schedule 3A set out in | |
Schedule 1 to this Act. | |
2 Fire authorities: power to charge | 15 |
(1) Section 3 of the Fire Services Act 1947 (c. 41) (fire authority: supplementary | |
powers) shall be amended as follows. | |
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(2) In subsection (1)(e) (purposes other than fire-fighting) after “suitable” insert | |
“(whether in their area, in another authority’s area or at sea (whether or not | |
within the territorial sea of the United Kingdom))”. | |
(3) After subsection (4) (charges) insert— | |
“(4A) A fire authority in England or Wales may make a charge for a service which is | 5 |
rendered for fire-fighting purposes— | |
(a) under subsection (1)(dd) above, and | |
(b) outside the area of every fire authority in Great Britain.” | |
(4) At the end of section 37 of the Fire Services Act 1947 (c. 41) (Isles of Scilly) there | |
shall be added “; and for the purposes of section 3(4A) the Council is a fire | 10 |
authority in England.” | |
3 Amendments and repeals | |
(1) Schedule 2 (minor and consequential amendments) shall have effect. | |
(2) The enactments listed in Schedule 3 are hereby repealed to the extent specified. | |
4 Commencement | 15 |
This Act shall come into force at the end of the period of two months beginning | |
with the date on which it is passed. | |
5 Extent | |
(1) This Act extends to the whole of the United Kingdom. | |
(2) But section 2 extends to England and Wales only. | 20 |
6 Short Title | |
This Act may be cited as the Marine Safety Act 2003. | |
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Schedules | |
Schedule 1 | |
Section 1 | |
New Schedule 3A to the Merchant Shipping Act 1995 - Safety Directions | |
“Schedule 3A | |
Safety Directions | 5 |
Direction following accident: person in control of ship | |
1 (1) The Secretary of State may give a direction under this paragraph | |
in respect of a ship if in his opinion— | |
(a) an accident has occurred to or in the ship, | |
(b) the accident has created a risk to safety or a risk of | 10 |
pollution by a hazardous substance, and | |
(c) the direction is necessary to remove or reduce the risk. | |
(2) The direction may be given to— | |
(a) the owner of the ship, | |
(b) a person in possession of the ship, | 15 |
(c) the master of the ship, | |
(d) a pilot of the ship, | |
(e) a salvor in possession of the ship, | |
(f) a person who is the servant or agent of a salvor in | |
possession of the ship and who is in charge of the salvage | 20 |
operation, or | |
(g) where the ship is in, or has been directed to move into, | |
waters which are regulated or managed by a harbour | |
authority, the harbour authority or the harbour master. | |
(3) The direction may require the person to whom it is given to take | 25 |
or refrain from taking any specified action in relation to— | |
(a) the ship; | |
(b) anything which is or was in the ship; | |
(c) anything which forms or formed part of the ship; | |
(d) anything which is or was being towed by the ship; | 30 |
(e) a person on the ship. | |
(4) In particular, the direction may require a person to ensure— | |
(a) that a ship or other thing is moved or not moved; | |
(b) that a ship or other thing is moved or not moved to or from | |
a specified place or area or over a specified route; | 35 |
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(c) that cargo is or is not unloaded or discharged; | |
(d) that a substance is or is not unloaded or discharged; | |
(e) that specified salvage measures are taken or not taken; | |
(f) that a person is put ashore or on board a ship. | |
Direction following accident: person in control of land | 5 |
2 (1) The Secretary of State may give a direction under this paragraph | |
in respect of a ship if in his opinion— | |
(a) an accident has occurred to or in the ship, | |
(b) the accident has created a risk to safety or a risk of | |
pollution by a hazardous substance, and | 10 |
(c) the direction is necessary to remove or reduce the risk. | |
(2) The direction may be given to a person in charge of coastal land or | |
premises. | |
(3) For the purposes of this paragraph— | |
(a) a person is in charge of land or premises if he is wholly or | 15 |
partly able to control the use made of the land or premises, | |
and | |
(b) “coastal” means adjacent to or accessible from United | |
Kingdom waters over which the public are permitted to | |
navigate. | 20 |
(4) The direction may require the person to whom it is given to grant | |
access or facilities to or in relation to the ship or any person or | |
thing which is or was on the ship. | |
(5) In particular, a direction may require a person— | |
(a) to permit persons to land; | 25 |
(b) to make facilities available for the undertaking of repairs or | |
other works; | |
(c) to make facilities available for the landing, storage and | |
disposal of cargo or of other things. | |
(6) A direction under this paragraph— | 30 |
(a) must be given in writing, or | |
(b) where it is not reasonably practicable to give it in writing, | |
must be confirmed in writing as soon as is reasonably | |
practicable. | |
Other direction | 35 |
3 (1) The Secretary of State may give a direction in respect of a ship | |
under this paragraph if in his opinion it is necessary for the | |
purpose of— | |
(a) securing the safety of the ship or of other ships; | |
(b) securing the safety of persons or property; | 40 |
(c) preventing or reducing pollution. | |
(2) The direction may be given to— | |
(a) the owner of the ship; | |
(b) a person in possession of the ship; | |
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(c) the master of the ship. | |
(3) The direction may require the person to whom it is given to ensure | |
that— | |
(a) the ship is moved or not moved from a specified place or | |
area in United Kingdom waters; | 5 |
(b) the ship is moved or not moved to a specified place or area | |
in United Kingdom waters; | |
(c) the ship is moved or not moved over a specified route in | |
United Kingdom waters; | |
(d) the ship is removed from United Kingdom waters. | 10 |
Action in lieu of direction | |
4 (1) This paragraph applies where the Secretary of State thinks— | |
(a) that circumstances exist which would entitle him to give a | |
direction under this Schedule, but | |
(b) that the giving of a direction would not be likely to achieve | 15 |
a sufficient result. | |
(2) This paragraph also applies where— | |
(a) the Secretary of State has given a direction under this | |
Schedule, but | |
(b) in his opinion the direction has not achieved a sufficient | 20 |
result. | |
(3) The Secretary of State may take such action as appears to him | |
necessary or expedient for the purpose for which the direction | |
could have been given or was given. | |
(4) In particular, the Secretary of State may— | 25 |
(a) authorise a person to enter land or make use of facilities; | |
(b) do or authorise a person to do anything which the | |
Secretary of State could require a person to do by a | |
direction; | |
(c) authorise a person to assume control of a ship; | 30 |
(d) make arrangements or authorise the making of | |
arrangements for the sinking or destruction of a ship. | |
Enforcement | |
5 A person to whom a direction is given under this Schedule— | |
(a) must comply with the direction, and | 35 |
(b) must try to comply with the direction in a manner which | |
avoids risk to human life. | |
6 (1) A person commits an offence if he contravenes paragraph 5(a). | |
(2) It is a defence for a person charged with an offence under sub- | |
paragraph (1) to prove— | 40 |
(a) that he tried as hard as he could to comply with the | |
relevant direction, or | |
(b) that he reasonably believed that compliance with the | |
direction would involve a serious risk to human life. | |
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7 A person commits an offence if he intentionally obstructs a person | |
who is— | |
(a) acting on behalf of the Secretary of State in connection with | |
the giving of a direction under this Schedule, | |
(b) complying with a direction under this Schedule, or | 5 |
(c) acting by virtue of paragraph 4. | |
8 A person guilty of an offence under paragraph 6 or 7 shall be | |
liable— | |
(a) on summary conviction, to a fine not exceeding £50,000, or | |
(b) on conviction on indictment, to a fine. | 10 |
9 (1) Proceedings for an offence under paragraph 6 or 7 may be brought | |
in England and Wales only— | |
(a) by or with the consent of the Attorney General, or | |
(b) by or with the authority of the Secretary of State. | |
(2) Proceedings for an offence under paragraph 6 or 7 may be brought | 15 |
in Northern Ireland only— | |
(a) by or with the consent of the Attorney General for | |
Northern Ireland, or | |
(b) by or with the authority of the Secretary of State. | |
Variation and revocation | 20 |
10 (1) A direction under this Schedule may be varied or revoked by a | |
further direction. | |
(2) If the Secretary of State thinks that a direction under this Schedule | |
is wholly or partly no longer necessary for the purpose for which | |
it was given, he shall vary or revoke the direction as soon as is | 25 |
reasonably practicable. | |
(3) Where the Secretary of State has given a direction to a person | |
under this Schedule he shall consider any representations about | |
varying or revoking the direction which are made to him by that | |
person. | 30 |
Procedure | |
11 (1) This paragraph applies where the Secretary of State— | |
(a) proposes to give a direction under this Schedule to a | |
company or other body, and | |
(b) thinks that neither of sections 695 and 725 of the | 35 |
Companies Act 1985 (c. 6) (service) apply. | |
(2) The Secretary of State may serve the direction in such manner as | |
he thinks most suitable. | |
(3) In the application of this paragraph to Northern Ireland the | |
reference to sections 695 and 725 of the Companies Act 1985 shall | 40 |
be taken as a reference to Articles 645 and 673 of the Companies | |
(Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)). | |
12 A person acting on behalf of the Secretary of State may— | |
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(a) board a ship for the purpose of serving a direction under | |
this Schedule; | |
(b) enter land or premises for that purpose. | |
13 Before giving a direction under paragraph 2 in respect of land or | |
premises the Secretary of State shall, unless he thinks that it is not | 5 |
reasonably practicable— | |
(a) give the person to whom he proposes to give the direction | |
an opportunity to make representations, and | |
(b) consider any representations made. | |
Unreasonable loss and damage | 10 |
14 (1) This paragraph applies where action taken in accordance with a | |
direction under this Schedule or by virtue of paragraph 4 | |
(“remedial action”)— | |
(a) was not reasonably necessary for the purpose for which | |
the direction was given, or | 15 |
(b) caused loss or damage which could not be justified by | |
reference to that purpose. | |
(2) The Secretary of State shall pay compensation to any person who— | |
(a) suffered loss or damage as a result of the remedial action (whether | |
it was taken by him or someone else), and | 20 |
(b) applies to the Secretary of State for compensation. | |
(3) In considering what is reasonably necessary or justifiable for the | |
purpose of sub-paragraph (1) account shall be taken of— | |
(a) the extent of the risk to safety or threat of pollution which | |
the direction was intended to address, | 25 |
(b) the likelihood of the remedial action being effective, and | |
(c) the extent of the loss or damage caused by the remedial | |
action. | |
Expenses | |
15 (1) This paragraph applies where— | 30 |
(a) a direction is given to a person in respect of a ship under | |
paragraph 2, or | |
(b) the Secretary of State relies on paragraph 4 to take or | |
authorise action in respect of a ship in lieu of a direction | |
under paragraph 2. | 35 |
(2) The person to whom a direction is given shall be entitled to | |
recover the costs of his compliance with the direction from the | |
owner of the ship. | |
(3) A person in charge of coastal land or premises shall be entitled to | |
recover from the owner of the ship costs incurred by him as a | 40 |
result of action taken by virtue of paragraph 4 in relation to that | |
land or premises. | |
(4) The Secretary of State may make payments to a person on account of | |
sums recoverable by that person under sub-paragraph (2) or (3). | |
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