Wreck Removal Convention Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Wreck Removal Convention Bill

Wreck Removal Convention Bill
1

A
Bill
To
Implement the Nairobi International Convention on the Removal of Wrecks
2007.
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:—
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Wreck Removal Convention
(1)
The Merchant Shipping Act 1995 is amended as follows.
(2)
After section 255 insert—
“Part 9A
Wreck Removal Convention
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Preliminary
255A
“The Wrecks Convention”
(1)
In this Part—
(a)
“the Wrecks Convention” means the Nairobi International
Convention on the Removal of Wrecks 2007 done in Nairobi on
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18 May 2007, and
(b)
“Wrecks Convention State” means a State which is a party to the
Wrecks Convention.
(2)
The text of the Wrecks Convention is set out in Schedule 11ZA.
Reporting, marking and removing
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255B
Wreck reports
(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.

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(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—
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(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).
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(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
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(b)
on conviction on indictment, to a fine.
255C
Locating and marking wrecks
(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
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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—
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(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.
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(5)
For the purposes of subsections (3) and (4) (and, in a case where a
direction is given, section 253), a general lighthouse authority’s area
includes any area that—
(a)
is adjacent to the area specified in relation to the authority
under section 193(1), and
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(b)
is within the United Kingdom’s Convention area.
(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.
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(7)
An authority to whom a direction is given must comply with it.
255D
Removal by registered owner
(1)
This section applies where—

Wreck Removal Convention Bill
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(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.
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(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).
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(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.
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(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.
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255E
Imposition of conditions about removal
(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
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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—
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(a)
on summary conviction, to a fine not exceeding £50,000, or
(b)
on conviction on indictment, to a fine.
255F
Removal in default
(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
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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;
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(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.

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(4)
Section 255C(5) applies for the purposes of determining a general
lighthouse authority’s area.
(5)
A direction—
(a)
must be in writing, or
(b)
where it is not reasonably practicable to give it in writing, must
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be confirmed in writing as soon as reasonably practicable.
(6)
An authority to whom a direction is given must comply with it.
255G
Liability for costs
(1)
This section applies where—
(a)
a ship has been involved in an accident as a result of which it or
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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
(location and marking and removal of wrecks).
(2)
The person who incurred the costs is entitled to recover them from the
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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—
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(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.
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(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
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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.
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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
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(b)
the period of 6 years beginning with the date of the accident
which resulted in the wreck.