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Appendix 3 MSA 1995 Schedule 3A Safety Directions Schedule 3A

Law of Wreck, The


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Appendix 3

MSA 1995 Schedule 3A Safety Directions Schedule 3A

MSA 1995 Schedule 3A Safety Directions Schedule 3A

1

Safety Directions

Direction following accident: person in control of ship


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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 —
      • (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 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
      • (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 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;
      • (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, 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 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 —
      • (a) the owner of the ship;
      • (b) a person in possession of the ship;
      • (c) the master of the ship.
    • (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 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

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 avoids risk to human life.

Enforcement

  • 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 relevant direction, or
      • (b) that he reasonably believed that compliance with the direction would involve a serious risk to human life.

Enforcement

  • 7 A person commits an offence if he intentionally obstructs a person who is —
    • (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.

Enforcement

Enforcement

  • 9
    • (1) Proceedings for an offence under paragraph 6 or 7 may be brought in England and Wales only —
      • (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 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.
    • (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 under this Schedule he shall consider any representations about varying or revoking the direction which are made to him by that person.

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Procedure

Procedure

  • 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.

Procedure

  • 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
    • (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”) —
      • (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 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 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 action.

Expenses

Jurisdiction

  • 16 The Admiralty jurisdiction of the High Court and of the Court of Session shall include jurisdiction to hear and determine any claim arising under paragraph 14 or 15.

Ships to which Schedule applies

  • 17 A direction under paragraph 1 or 2, in so far as it relates to a risk of pollution, may have effect in respect of a ship only if it —
    • (a) is a United Kingdom ship, or
    • (b) is in United Kingdom waters or an area of the sea specified under section 129(2) (b).

Ships to which Schedule applies

  • 18
    • (1) Her Majesty may by Order in Council provide that a direction under paragraph 1 or 2, in so far as it relates to a risk of pollution, may have effect in respect of a ship which —
      • (a) is not a United Kingdom ship, and
      • (b) is not in United Kingdom waters or an area of the sea specified under section 129(2)(b).
    • (2) An Order in Council under this paragraph —
      • (a) may be expressed to apply generally or only in specified circumstances;
      • (b) may make different provision for different circumstances;
      • (c) may provide for this Schedule to have effect in cases to which the Order in Council applies with specified modifications;
      • (d) may contain transitional or consequential provision (including provision amending an enactment).

Ships to which Schedule applies

  • 19 A direction under paragraph 1 or 2, in so far as it relates to a risk to safety, may have effect in respect of a ship only if it is in United Kingdom waters and —
    • (a) it is not a qualifying foreign ship, or
    • (b) it is a qualifying foreign ship which in the Secretary of State’s opinion is exercising neither the right of innocent passage nor the right of transit passage through straits used for international navigation.

Ships to which Schedule applies

  • 20
    • (1) A direction under paragraph 3 may have effect in respect of a ship only if it is in United Kingdom waters and —
      • (a) it is not a qualifying foreign ship, or
      • (b) it is a qualifying foreign ship which in the Secretary of State’s opinion is exercising neither the right of innocent passage nor the right of transit passage through straits used for international navigation.
    • (2) A direction may not be given under paragraph 3(3)(d) in respect of a United Kingdom ship.

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Ships to which Schedule applies

  • 21 A direction may not be given under paragraph 1(2)(a) to (d) or 3 in respect of —
    • (a) a ship of Her Majesty’s Navy, or
    • (b) a Government ship.

Interpretation

  • 22
    • (1) In this Schedule —
      • “accident” means a collision of ships, a stranding, another incident of navigation or another event (whether on board a ship or not) which results in material damage to a ship or its cargo or in an imminent threat of material damage to a ship or its cargo,
      • “action” includes omission,
      • “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament,
      • “harbour authority” has the meaning given by section 151(1),
      • “harbour master” includes a dock master or pier master, and any person specially appointed by a harbour authority for the purpose of enforcing the provisions of this Schedule in relation to the harbour,
      • “hazardous substance” has the meaning given by sub-paragraph (2), “owner”, in relation to the ship to or in which an accident has occurred,
      • includes its owner at the time of the accident,
      • “pilot” means a person who does not belong to a ship but who has the conduct of it,
      • “pollution” means significant pollution in the United Kingdom, United Kingdom waters or an area of the sea specified under section 129(2)(b), and
      • “risk to safety” means a risk to the safety of persons, property or anything navigating in or using United Kingdom waters.
    • (2) In this Schedule “hazardous substance” means —
      • (a) oil (within the meaning given by section 151(1)),
      • (b) any other substance which creates a hazard to human health, harms living resources or marine life, damages amenities or interferes with lawful use of the sea, and
      • (c) any substance prescribed by order of the Secretary of State.

Savings

  • 23 Nothing in this Schedule shall be taken to prejudice any right or power of Her Majesty’s Government.

Savings

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