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
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
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.