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(5) The Secretary of State shall be entitled to recover from the owner | |
of the ship— | |
(a) costs incurred in connection with the giving of a direction; | |
(b) costs incurred in connection with action taken under | |
paragraph 4; | 5 |
(c) costs incurred under sub-paragraph (4). | |
(6) A right under sub-paragraph (2), (3) or (5) permits the recovery of | |
costs only in so far as they are not recoverable— | |
(a) under another enactment, | |
(b) by virtue of an agreement, or | 10 |
(c) under the law relating to salvage. | |
Jurisdiction | |
16 The Admiralty jurisdiction of the High Court and of the Court of | |
Session shall include jurisdiction to hear and determine any claim | |
arising under paragraph 14 or 15. | 15 |
Ships to which Schedule applies | |
17 A direction under paragraph 1 or 2, in so far as it relates to a risk | |
of pollution, may have effect in respect of a ship only if it— | |
(a) is a United Kingdom ship, or | |
(b) is in United Kingdom waters or an area of the sea specified | 20 |
under section 129(2)(b). | |
18 (1) Her Majesty may by Order in Council provide that a direction | |
under paragraph 1 or 2, in so far as it relates to a risk of pollution, | |
may have effect in respect of a ship which— | |
(a) is not a United Kingdom ship, and | 25 |
(b) is not in United Kingdom waters or an area of the sea | |
specified under section 129(2)(b). | |
(2) An Order in Council under this paragraph— | |
(a) may be expressed to apply generally or only in specified | |
circumstances; | 30 |
(b) may make different provision for different circumstances; | |
(c) may provide for this Schedule to have effect in cases to | |
which the Order in Council applies with specified | |
modifications; | |
(d) may contain transitional or consequential provision | 35 |
(including provision amending an enactment). | |
19 A direction under paragraph 1 or 2, in so far as it relates to a risk | |
to safety, may have effect in respect of a ship only if it is in United | |
Kingdom waters and— | |
(a) it is not a qualifying foreign ship, or | 40 |
(b) it is a qualifying foreign ship which in the Secretary of | |
State’s opinion is exercising neither the right of innocent | |
passage nor the right of transit passage through straits | |
used for international navigation. | |
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20 (1) A direction under paragraph 3 may have effect in respect of a ship | |
only if it is in United Kingdom waters and— | |
(a) it is not a qualifying foreign ship, or | |
(b) it is a qualifying foreign ship which in the Secretary of | |
State’s opinion is exercising neither the right of innocent | 5 |
passage nor the right of transit passage through straits | |
used for international navigation. | |
(2) A direction may not be given under paragraph 3(3)(d) in respect | |
of a United Kingdom ship. | |
21 A direction may not be given under paragraph 1(2)(a) to (d) or 3 in | 10 |
respect of— | |
(a) a ship of Her Majesty’s Navy, or | |
(b) a Government ship. | |
Interpretation | |
22 (1) In this Schedule— | 15 |
“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, | 20 |
“action” includes omission, | |
“enactment” includes an enactment comprised in, or in an | |
instrument made under, an Act of the Scottish | |
Parliament, | |
“harbour authority” has the meaning given by section | 25 |
151(1), | |
“harbour master” includes a dock master or pier master, and | |
any person specially appointed by a harbour authority | |
for the purpose of enforcing the provisions of this | |
Schedule in relation to the harbour, | 30 |
“hazardous substance” has the meaning given by sub- | |
paragraph (2), | |
“owner”, in relation to the ship to or in which an accident | |
has occurred, includes its owner at the time of the | |
accident, | 35 |
“pilot” means a person who does not belong to a ship but | |
who has the conduct of it, | |
“pollution” means significant pollution in the United | |
Kingdom, United Kingdom waters or an area of the sea | |
specified under section 129(2)(b), and | 40 |
“risk to safety” means a risk to the safety of persons, | |
property or anything navigating in or using United | |
Kingdom waters. | |
(2) In this Schedule “hazardous substance” means— | |
(a) oil (within the meaning given by section 151(1)), | 45 |
(b) any other substance which creates a hazard to human | |
health, harms living resources or marine life, damages | |
amenities or interferes with lawful use of the sea, and | |
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(c) any substance prescribed by order of the Secretary of State. | |
Savings | |
23 Nothing in this Schedule shall be taken to prejudice any right or | |
power of Her Majesty’s Government. | |
24 (1) This paragraph applies where action is taken— | 5 |
(a) in respect of a ship which is under arrest or in respect of | |
anything in a ship which is under arrest, and | |
(b) in accordance with a direction under this Schedule or by | |
virtue of paragraph 4. | |
(2) The action shall not— | 10 |
(a) be treated as a contempt of court, or | |
(b) give rise to civil liability on the part of the Admiralty | |
Marshal (including the Admiralty Marshal of the Supreme | |
Court in Northern Ireland).” | |
Schedule 2 | 15 |
Section 3 | |
Minor and Consequential Amendments | |
Dangerous Vessels Act 1985 (c.22) | |
1 The following shall be inserted after section 6 of the Dangerous Vessels Act | |
1985 (saving)— | |
“6A Saving for safety directions | 20 |
Directions under section 1 of this Act shall have no effect in so far as | |
they— | |
(a) are inconsistent with the exercise by or on behalf of the | |
Secretary of State of a power under Schedule 3A to the | |
Merchant Shipping Act 1995 (c. 21) (safety directions), | 25 |
(b) would interfere with a person’s compliance with a direction | |
under that Schedule, or | |
(c) would interfere with action taken by virtue of that Schedule.” | |
Merchant Shipping Act 1995 (c.21) | |
2 The following provisions of the Merchant Shipping Act 1995 shall cease to | 30 |
have effect— | |
(a) sections 100C to 100E (movement of ship), and | |
(b) sections 137 to 141 (pollution directions). | |
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