Advanced Search

Merchant Shipping and Maritime Security Act 1997

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Introductory Text

Extension of powers to deal with emergencies at sea

1. Temporary exclusion zones.
2. Powers of intervention where shipping accident threatens pollution.
3. Powers of intervention in cases of pollution by substances other than oil.
4. Powers of fire authorities.

Pollution control and marine safety

5. Waste reception facilities at harbours.
6. Indemnities in connection with counter-pollution measures.
7. Increased penalty for causing pollution, etc.
8. Safety regulations.
9. Inspection and detention of ships.
10. Power to require ships to be moved.
11. Ships receiving trans-shipped fish.
12. Preparation of plans under International Convention on Oil Pollution Preparedness, Response and Co-operation.

Funding of maritime services
13. Funding of maritime services.

Liability and compensation

14. Carriage of hazardous and noxious substances.
15. Limitation of liability.
16. Compulsory insurance.

Miscellaneous amendments of Merchant Shipping Act 1995

17. Financial assistance for training.
18. Discharge books.
19. Powers of general lighthouse authorities.
20. Disclosure of information to general lighthouse authorities.
21. Certain duties not to apply to RNLI.
22. Disposal of unclaimed wreck.
23. Retention of documents by Registrar General.

Protection of wrecks
24. Implementation of international agreements relating to protection of wrecks.

Maritime security, etc.

25. Amendments of Aviation and Maritime Security Act 1990.
26. Piracy.

International bodies concerned with maritime matters

27. Application of s. 1 of International Organisations Act 1968 to International Oil Pollution Compensation Fund.
28. International Tribunal for the Law of the Sea.

Supplementary

29. Minor and consequential amendments, etc.
30. Extent and application.
31. Short title, interpretation and commencement.

SCHEDULES

SCHEDULE 1
Amendments of Merchant Shipping Act 1995 relating to inspection and detention of ships

Meaning of “dangerously unsafe ship”
1.(1) Section 94 of the 1995 Act (meaning of “dangerously...

Power to detain dangerously unsafe ship
2.(1) Section 95 of the 1995 Act (power to detain...

Fishing vessel without appropriate certificate
3.In section 125 of the 1995 Act (prohibition on fishing...

Power to inspect ships and their equipment
4.(1) Section 258 of the 1995 Act (powers to inspect...

Enforcing detention of ships
5.(1) Section 284 of the 1995 Act (enforcing detention of...

Powers of detention under provisions relating to load lines
6.(1) Schedule 3 to the 1995 Act (load lines) is...

SCHEDULE 2
Funding of maritime services

1.After section 302 of the 1995 Act there is inserted—...
2.After Schedule 11 to the 1995 Act there is inserted—...

SCHEDULE 3
Provisions to be inserted as Schedule 5A to the Merchant Shipping Act 1995

SCHEDULE 4
Amendments of Part III of Aviation and Maritime Security Act 1990

1.Part III of the Aviation and Maritime Security Act 1990...

Meaning of “harbour area”
2.In section 18 (purposes to which Part III applies), for...

Designation of restricted zones
3.(1) Section 20 (designation of restricted zones of harbour areas)...

Power to promote searches

4.(1) Section 22 (power to require harbour authorities to promote...
5.In section 23 (power to require other persons to promote...

Removal of firearms
6.In section 26(1) (direction not to require or authorise any...

Inspection of ships and harbour areas
7.In section 36(2) (powers of authorised person on inspection of...

False statements

8.In section 37 (false statements relating to baggage, cargo etc.),...
9.In section 38 (false statements in connection with identity documents),...

Unauthorised presence in restricted zone
10.(1) Section 39 (unauthorised presence in restricted zone) is amended...

Meaning of “harbour”, “harbour authority” etc.
11.(1) Section 46 (interpretation of Part III) is amended as...

SCHEDULE 5
Provisions of United Nations Convention on the Law of the Sea to be treated as part of the law of nations

Article 101

Definition of piracy

Piracy consists of any of the following acts:
(a) any illegal acts of violence or detention, or any...
(i) on the high seas, against another ship or aircraft,...
(ii) against a ship, aircraft, persons or property in a...
(b) any act of voluntary participation in the operation of...
(c) any act of inciting or of intentionally facilitating an...

Article 102

Piracy by a warship, government ship or government aircraft whose crew has mutinied
The acts of piracy, as defined in article 101, committed...

Article 103

Definition of a pirate ship or aircraft
A ship or aircraft is considered a pirate ship or...

SCHEDULE 6
Minor and consequential amendments

The Hovercraft Act 1968 (c. 59)
1.In section 1(1)(i)(ii) of the Hovercraft Act 1968 (power to...

The Supreme Court Act 1981 (c. 54)
2.In section 20 of the Supreme Court Act 1981 (Admiralty...

The Merchant Shipping Act 1995 (c. 21)

3.(1) Section 128 of the 1995 Act (prevention of pollution...
4.(1) With respect to applications made after the commencement of...
5.In section 170 of the 1995 Act (interpretation of provisions...
6.In section 193 of the 1995 Act (general and local...
7.In section 197 of the 1995 Act (general powers of...
8.In section 201 of the 1995 Act (powers of harbour...
9.Section 202 of and Schedule 9 to the 1995 Act...
10.In section 203 of the 1995 Act (individual transfers of...
11.In section 204 of the 1995 Act (surrender of local...
12.In section 205 of the 1995 Act (light dues leviable...
13.In section 210 of the 1995 Act (light dues leviable...
14.In section 232 (duty of receiver where vessel in distress),...
15.In section 256 (appointment of inspectors and surveyors), in subsection...
16.In section 261 (improvement notices), in subsection (4)(a), after “130”...
17.In section 293 (functions of Secretary of State in relation...
18.(1) Section 306 of the 1995 Act (regulations, rules and...
19.(1) Section 313 of the 1995 Act (interpretation) is amended...
20.After section 313 of the 1995 Act there is inserted—...

SCHEDULE 7
Repeals and revocations

Part I Repeals
Part II Revocations