Select Committee on Delegated Powers and Regulatory Reform Twenty-First Report

Annex 5


Memorandum by the Department for Transport


48.  This memorandum relates to the Marine Safety Bill as brought from the House of Commons on 16 May 2003. It gives an overview of the Bill and identifies the provision in the Bill for delegated legislation, explains its purpose and the particular form of Parliamentary control of delegated legislation selected.


49.  The provisions of this Bill were originally intended for inclusion in the safety Bill and form part of the Department's for Transport's strategy for improving its response to maritime incidents.

50.  The Bill proposes to confer a power on the Secretary of State to give directions to owners of certain facilities used by ships (berths, wharves, jetties etc.) to make those facilities available to reduce or prevent pollution and safety hazards from ships.

51.  The Bill will also allow fire authorities to make a charge for fire-fighting activities carried out at sea outside the area of every fire authority.

52.  There is one aspect of the Bill which provides for delegated legislation. This is not a new provision replaces the similar provisions currently in the Merchant Shipping Act 1995


Paragraph 18 schedule 1

  • Her Majesty may by order in council provide that a direction issued to a ship or owner of a riparian facility to accept a ship may have effect in respect of non-UK ships and on ships not in UK waters.

There may be cases when this is appropriate. For example we may have entered into an International Convention which requires us to do so. The one case in which we have previously exercised these powers was in relation to the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 and its 1973 Protocol.

June 2003

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