House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Marine Safety Bill


Marine Safety Bill

    1

 

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.

 

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.

 
HL Bill 6753/2
 
 

Marine Safety Bill

    2

 

     (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

5

which is 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.

 

 

Marine Safety Bill
Schedule 1 — New Schedule 3A to the Merchant Shipping Act 1995 - Safety Directions

 3

 

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

                      (c)                     that cargo is or is not unloaded or discharged;

                      (d)                     that a substance is or is not unloaded or discharged;

 

 

Marine Safety Bill
Schedule 1 — New Schedule 3A to the Merchant Shipping Act 1995 - Safety Directions

    4

 

                      (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

          2                (1)               The Secretary of State may give a direction under this paragraph

in respect of a ship if in his opinion—

5

                      (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

                      (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

10

premises.

                           (3)               For the purposes of this paragraph—

                      (a)                     a person is in charge of land or premises if he is wholly or

partly able to control the use made of the land or premises,

and

15

                      (b)                     “coastal” means adjacent to or accessible from United

Kingdom waters over which the public are permitted to

navigate.

                           (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

20

thing which is or was on the ship.

                           (5)               In particular, a direction may require a person—

                      (a)                     to permit persons to land;

                      (b)                     to make facilities available for the undertaking of repairs or

other works;

25

                      (c)                     to make facilities available for the landing, storage and

disposal of cargo or of other things.

                           (6)               A direction under this paragraph—

                      (a)                     must be given in writing, or

                      (b)                     where it is not reasonably practicable to give it in writing,

30

must be confirmed in writing as soon as is reasonably

practicable.

Other direction

          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

35

purpose of—

                      (a)                     securing the safety of the ship or of other ships;

                      (b)                     securing the safety of persons or property;

                      (c)                     preventing or reducing pollution.

                           (2)               The direction may be given to—

40

                      (a)                     the owner of the ship;

                      (b)                     a person in possession of the ship;

                      (c)                     the master of the ship.

 

 

Marine Safety Bill
Schedule 1 — New Schedule 3A to the Merchant Shipping Act 1995 - Safety Directions

    5

 

                           (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;

                      (b)                     the ship is moved or not moved to a specified place or area

5

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.

Action in lieu of direction

10

          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

a sufficient result.

15

                           (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

result.

20

                           (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—

                      (a)                     authorise a person to enter land or make use of facilities;

25

                      (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;

                      (d)                     make arrangements or authorise the making of

30

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

                      (b)                     must try to comply with the direction in a manner which

35

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—

                      (a)                     that he tried as hard as he could to comply with the

40

relevant direction, or

                      (b)                     that he reasonably believed that compliance with the

direction would involve a serious risk to human life.

          7                 A person commits an offence if he intentionally obstructs a person

who is—

45

 

 

Marine Safety Bill
Schedule 1 — New Schedule 3A to the Merchant Shipping Act 1995 - Safety Directions

    6

 

                      (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

                      (c)                     acting by virtue of paragraph 4.

          8                 A person guilty of an offence under paragraph 6 or 7 shall be

5

liable—

                      (a)                     on summary conviction, to a fine not exceeding £50,000, or

                      (b)                     on conviction on indictment, to a fine.

          9                (1)               Proceedings for an offence under paragraph 6 or 7 may be brought

in England and Wales only—

10

                      (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

in Northern Ireland only—

                      (a)                     by or with the consent of the Attorney General for

15

Northern Ireland, or

                      (b)                     by or with the authority of the Secretary of State.

Variation and revocation

          10               (1)               A direction under this Schedule may be varied or revoked by a

further direction.

20

                           (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

reasonably practicable.

                           (3)               Where the Secretary of State has given a direction to a person

25

under this Schedule he shall consider any representations about

varying or revoking the direction which are made to him by that

person.

Procedure

          11               (1)               This paragraph applies where the Secretary of State—

30

                      (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

Companies Act 1985 (c. 6) (service) apply.

                           (2)               The Secretary of State may serve the direction in such manner as

35

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

be taken as a reference to Articles 645 and 673 of the Companies

(Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)).

40

          12                A person acting on behalf of the Secretary of State may—

                      (a)                     board a ship for the purpose of serving a direction under

this Schedule;

                      (b)                     enter land or premises for that purpose.

 

 

Marine Safety Bill
Schedule 1 — New Schedule 3A to the Merchant Shipping Act 1995 - Safety Directions

    7

 

          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

reasonably practicable—

                      (a)                     give the person to whom he proposes to give the direction

an opportunity to make representations, and

5

                      (b)                     consider any representations made.

Unreasonable loss and damage

          14               (1)               This paragraph applies where action taken in accordance with a

direction under this Schedule or by virtue of paragraph 4

(“remedial action”)—

10

                      (a)                     was not reasonably necessary for the purpose for which

the direction was given, or

                      (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

15

who—

                      (a)                     suffered loss or damage as a result of the remedial action

(whether it was taken by him or someone else), and

                      (b)                     applies to the Secretary of State for compensation.

                           (3)               In considering what is reasonably necessary or justifiable for the

20

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,

                      (b)                     the likelihood of the remedial action being effective, and

                      (c)                     the extent of the loss or damage caused by the remedial

25

action.

Expenses

          15               (1)               This paragraph applies where—

                      (a)                     a direction is given to a person in respect of a ship under

paragraph 2, or

30

                      (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.

                           (2)               The person to whom a direction is given shall be entitled to

recover the costs of his compliance with the direction from the

35

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

result of action taken by virtue of paragraph 4 in relation to that

land or premises.

40

                           (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).

                           (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;

45

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 20 May 2003