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(1) Her Majesty may by Order in Council make such provision as She considers appropriate for the purpose of giving effect to any provision of any of the following which have been ratified by the United Kingdom—
(a) the International Convention for the Prevention of Pollution from Ships (including its protocols, annexes and appendices) which constitutes attachment 1 to the final act of the International Conference on Marine Pollution signed in London on 2nd November 1973;
(b) the Protocol relating to Intervention on the High Seas in Cases of Marine Pollution by Substances other than Oil which constitutes attachment 2 to the final act aforesaid;
(c) the Protocol relating to the said Convention which constitutes attachment 2 to the final act of the International Conference on Tanker Safety and Pollution Prevention signed in London on 17th February 1978;
(d) the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (including the Final Act of the Conference and the attached resolutions) signed in London on 30th November 1990;
(e) any international agreement not mentioned in paragraphs (a) to (d) above which relates to the prevention, reduction or control of pollution of the sea or other waters by matter from ships;
and in paragraph (e) above the reference to an agreement includes an agreement which provides for the modification of another agreement, including the modification of an agreement mentioned in paragraphs (a) to (c) above.
(2) The powers conferred by subsection (1) above to make provision for the purpose of giving effect to an agreement include power to provide for the provision to come into force although the agreement has not come into force.
(3) Without prejudice to the generality of subsection (1) above, an Order under that subsection may in particular include provision—
(a) for applying for the purpose mentioned in that subsection any enactment or instrument relating to the pollution of the sea or other waters and also any of sections 87, 268, 269 and 270;
(b) with respect to the carrying out of surveys and inspections for the purpose aforesaid and the issue, duration and recognition of certificates for that purpose;
(c) for repealing the provisions of any enactment or instrument so far as it appears to Her Majesty that those provisions are not required having regard to any provision made or proposed to be made by virtue of this section;
(d) with respect to the application of the Order to the Crown and the extra-territorial operation of any provision made by or under the Order;
(e) for the extension of any provisions of the Order, with or without modifications, to any relevant British possession;
(f) that a contravention of a provision made by or under the Order shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years and a fine;
(g) that any such contravention shall be an offence punishable only on summary conviction by a maximum fine of an amount not exceeding level 5 on the standard scale or such less amount as is prescribed by the Order;
(h) in connection with offences created by or under the Order, corresponding to that made in connection with offences under section 131 by section 143(6), 144 and 146 (whether by applying, or making provision for the application of, any of those sections, subject to such modifications as may be specified by or under the Order, or otherwise);
(i) for detaining any ship in respect of which such a contravention is suspected to have occurred and, in relation to such a ship, for applying section 284 with such modifications, if any, as are prescribed by the Order;
and nothing in any of the preceding provisions of this subsection shall be construed as prejudicing the generality of any other of those provisions and in particular neither paragraph (f) nor (g) above shall prejudice paragraph (a) above.
(4) An Order under subsection (1) above may—
(a) make different provision for different circumstances;
(b) make provision in terms of any document which the Secretary of State or any person considers relevant from time to time;
(c) provide for exemptions from any provisions of the Order;
(d) provide for the delegation of functions exercisable by virtue of the Order;
(e) include such incidental, supplemental and transitional provisions as appear to Her Majesty to be expedient for the purposes of the Order;
(f) authorise the making of regulations and other instruments for any of the purposes of this section (except the purposes of subsection (3)(a) and (c) above) and apply the [1946 c. 36.] Statutory Instruments Act 1946 to instruments made under the Order; and
(g) provide that any enactment or instrument applied by the Order shall have effect as so applied subject to such modifications as may be specified in the Order.
(5) Where an Order in Council under subsection (1) above authorises the making of regulations for the purpose of giving effect to an agreement mentioned in paragraphs (a) to (d) or falling within paragraph (e) of that subsection the Order also authorises the making of regulations for the purpose of giving effect to an agreement which provides for the modification of such an agreement.
This subsection applies in relation to Orders in Council and international agreements whenever made.
(6) Regulations made by virtue of paragraph (f) of subsection (4) above may make provision corresponding to the provision authorised for an Order by paragraphs (a) to (e) of subsection (4) above.
(7) An Order in Council in pursuance of subsection (1)(b) or (e) above may apply to areas of land or sea or other United Kingdom waters notwithstanding that the agreement in question does not relate to those areas.
(8) A draft of an Order in Council proposed to be made by virtue of subsection (1) above shall not be submitted to Her Majesty in Council unless—
(a) the draft has been approved by a resolution of each House of Parliament;
(b) the Order is to contain a statement that it is made only for any of the purposes specified in subsection (9) below; or
(c) the Order extends only to a possession mentioned in subsection (3)(e) above.
(9) The purposes referred to in subsection (8)(b) above are—
(a) giving effect to an agreement mentioned in subsection (1)(a) to (d) above;
(b) providing as authorised by subsection (2) above in relation to such an agreement and the purposes of subsection (5) above;
and a statutory instrument containing an Order which contains a statement that it is made only for any of those purposes shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Her Majesty may by Order in Council make such provision as She considers appropriate for the purpose of giving effect to any provision of the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) for the protection and preservation of the marine environment from pollution by matter from ships.
(2) Without prejudice to the generality of subsection (1) above, an Order under that subsection may in particular include provision—
(a) corresponding to any provision that is authorised for the purposes of section 128 by subsections (3) and (4) of that section; and
(b) specifying areas of sea above any of the areas for the time being designated under section 1(7) of the [1964 c. 29.] Continental Shelf Act 1964 as waters within which the jurisdiction and rights of the United Kingdom are exercisable in accordance with Part XII of that Convention for the protection and preservation of the marine environment;
and provision authorising the making of regulations authorises the amendment or revocation of regulations made by virtue of paragraph (f) of the said subsection (4).
(3) A draft of an Order in Council proposed to be made by virtue of subsection (1) above shall not be submitted to Her Majesty in Council unless the draft has been approved by resolution of each House of Parliament.
(1) The Secretary of State may by regulations make, in relation to the transfer of cargo, stores, bunker fuel or ballast between ships while within United Kingdom waters, such provision as he considers appropriate for preventing pollution, danger to health or to navigation, or hazards to the environment or to natural resources.
(2) Regulations under this section may, in particular, do any of the following things—
(a) prohibit transfers of any specified description or prohibit transfers if, or unless, carried out in specified areas, circumstances or ways;
(b) make provision about—
(i) the design of, and standards to be met by, ships and equipment,
(ii) the manning of ships, including the qualifications and experience to be possessed by persons of any specified description employed on board, and
(iii) the qualifications and experience to be possessed by persons (whether masters or not) controlling the carrying out of transfers or operations ancillary thereto;
(c) provide for proposed transfers to be notified to and approved by persons appointed by the Secretary of State or another person, and for the supervision of transfers, and the inspection of ships and equipment, by persons so appointed;
(d) provide—
(i) for the procedure to be followed in relation to the approval of transfers to be such as may be prescribed by any document specified in the regulations, and
(ii) for references in the regulations to any document so specified to operate as references to that document as revised or re-issued from time to time;
(e) provide for the making and keeping of records about ships and equipment, the issuing of certificates, and the furnishing of information;
(f) provide for the granting by the Secretary of State or another person of exemptions from specified provisions of the regulations, on such terms (if any) as the Secretary of State or that other person may specify, and for altering or cancelling exemptions;
(g) limit any provision of the regulations to specified cases or kinds of case.
(3) Regulations under this section may provide—
(a) that a contravention of the regulations shall be an offence punishable on summary conviction by a fine not exceeding £25,000 and on conviction on indictment by imprisonment for a term not exceeding two years or a fine or both;
(b) that any such contravention shall be an offence punishable only on summary conviction by a fine not exceeding £25,000 or such lower amount as is prescribed by the regulations;
(c) that, in such cases as are prescribed by the regulations, such persons as are so prescribed shall each be guilty of an offence created by virtue of paragraph (a) or (b) above.
(4) Regulations under this section may—
(a) make different provision for different classes or descriptions of ships and for different circumstances; and
(b) make such transitional, incidental or supplementary provision as appears to the Secretary of State to be necessary or expedient.
(1) If any oil or mixture containing oil is discharged as mentioned in the following paragraphs into United Kingdom national waters which are navigable by sea-going ships, then, subject to the following provisions of this Chapter, the following shall be guilty of an offence, that is to say—
(a) if the discharge is from a ship, the owner or master of the ship, unless he proves that the discharge took place and was caused as mentioned in paragraph (b) below;
(b) if the discharge is from a ship but takes place in the course of a transfer of oil to or from another ship or a place on land and is caused by the act or omission of any person in charge of any apparatus in that other ship or that place, the owner or master of that other ship or, as the case may be, the occupier of that place.
(2) Subsection (1) above does not apply to any discharge which—
(a) is made into the sea; and
(b) is of a kind or is made in circumstances for the time being prescribed by regulations made by the Secretary of State.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £50,000;
(b) on conviction on indictment, to a fine.
(4) In this section “sea” includes any estuary or arm of the sea.
(5) In this section “place on land” includes anything resting on the bed or shore of the sea, or of any other waters included in United Kingdom national waters, and also includes anything afloat (other than a ship) if it is anchored or attached to the bed or shore of the sea or any such waters.
(6) In this section “occupier”, in relation to any such thing as is mentioned in subsection (5) above, if it has no occupier, means the owner thereof.
(1) Where a person is charged with an offence under section 131 as the owner or master of a ship, it shall be a defence to prove that the oil or mixture was discharged for the purpose of—
(a) securing the safety of any ship;
(b) preventing damage to any ship or cargo, or
(c) saving life,
unless the court is satisfied that the discharge of the oil or mixture was not necessary for that purpose or was not a reasonable step to take in the circumstances.
(2) Where a person is charged with an offence under section 131 as the owner or master of a ship, it shall also be a defence to prove—
(a) that the oil or mixture escaped in consequence of damage to the ship, and that as soon as practicable after the damage occurred all reasonable steps were taken for preventing, or (if it could not be prevented) for stopping or reducing, the escape of the oil or mixture; or
(b) that the oil or mixture escaped by reason of leakage, that neither the leakage nor any delay in discovering it was due to any want of reasonable care, and that as soon as practicable after the escape was discovered all reasonable steps were taken for stopping or reducing it.
Where a person is charged, in respect of the escape of any oil or mixture containing oil, with an offence under section 131 as the occupier of a place on land, it shall be a defence to prove that neither the escape nor any delay in discovering it was due to any want of reasonable care and that as soon as practicable after it was discovered all reasonable steps were taken for stopping or reducing it.
(1) Where any oil, or mixture containing oil, is discharged in consequence of—
(a) the exercise of any power conferred by section 252 or 253; or
(b) the exercise, for the purpose of preventing obstruction or danger to navigation, of any power to dispose of sunk, stranded or abandoned ships which is exercisable by a harbour authority under any local enactment;
and apart from this subsection the authority exercising the power, or a person employed by or acting on behalf of the authority, would be guilty of an offence under section 131 in respect of that discharge, the authority or person shall not be convicted unless it is shown that they or he failed to take such steps (if any) as were reasonable in the circumstances for preventing, stopping or reducing the discharge.
(2) Subsection (1) above shall apply to the exercise of any power conferred by section 13 of the [1865 c. 125.] Dockyard Ports Regulation Act 1865 (removal of obstructions to dockyard ports) as it applies to the exercise of the powers under sections 252 and 253, and shall, as so applying, have effect as if references to the authority exercising the power were references to the Queen’s harbour master for the port in question.
(1) No oil shall be transferred between sunset and sunrise to or from a ship in any harbour in the United Kingdom unless the requisite notice has been given in accordance with this section or the transfer is for the purposes of a fire brigade.
(2) A general notice may be given to the harbour master of a harbour that transfers of oil between sunset and sunrise will be frequently carried out at a place in the harbour within such period, not ending later than twelve months after the date on which the notice is given, as is specified in the notice; and if such a notice is given it shall be the requisite notice for the purposes of this section as regards transfers of oil at that place within the period specified in the notice.
(3) Subject to subsection (2) above, the requisite notice for the purposes of this section shall be a notice given to the harbour master not less than three hours nor more than 96 hours before the transfer of oil begins.
(4) In the case of a harbour which has no harbour master, references in this section to the harbour master shall be construed as references to the harbour authority.
(5) If any oil is transferred to or from a ship in contravention of this section, the master of the ship, and, if the oil is transferred from or to a place on land, the occupier of that place, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) If any oil or mixture containing oil—
(a) is discharged from a ship into the waters of a harbour in the United Kingdom; or
(b) is found to be escaping or to have escaped from a ship into any such waters;
the owner or master of the ship shall forthwith report the occurrence to the harbour master, or, if the harbour has no harbour master, to the harbour authority.
(2) A report made under subsection (1) above shall state whether the occurrence falls within subsection (1)(a) or (b) above.
(3) If a person fails to make a report as required by this section he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) The powers conferred by this section shall be exercisable where—
(a) an accident has occurred to or in a ship; and
(b) in the opinion of the Secretary of State oil from the ship will or may cause pollution on a large scale in the United Kingdom or in United Kingdom waters; and
(c) in the opinion of the Secretary of State the use of the powers conferred by this section is urgently needed;
but those powers are subject to the limitations contained in subsections (6) and (7) below.
(2) For the purpose of preventing or reducing oil pollution, or the risk of oil pollution, the Secretary of State may give directions as respects the ship or its cargo—
(a) to the owner of the ship, or to any person in possession of the ship; or
(b) to the master of the ship; or
(c) to any salvor in possession of the ship, or to any person who is the servant or agent of any salvor in possession of the ship, and who is in charge of the salvage operation.
(3) Directions under subsection (2) above may require the person to whom they are given to take, or refrain from taking, any action of any kind whatsoever, and without prejudice to the generality of the preceding provisions of this subsection the directions may require—
(a) that the ship is to be, or is not to be, moved, or is to be moved to a specified place, or is to be removed from a specified area or locality; or
(b) that the ship is not to be moved to a specified place or area, or over a specified route; or
(c) that any oil or other cargo is to be, or is not to be, unloaded or discharged; or
(d) that specified salvage measures are to be, or are not to be, taken.
(4) If in the opinion of the Secretary of State the powers conferred by subsection (2) above are, or have proved to be, inadequate for the purpose, the Secretary of State may, for the purpose of preventing or reducing oil pollution, or the risk of oil pollution, take, as respects the ship or its cargo, any action of any kind whatsoever, and without prejudice to the generality of the preceding provisions of this subsection the Secretary of State may—
(a) take any such action as he has power to require to be taken by a direction under this section;
(b) undertake operations for the sinking or destruction of the ship, or any part of it, of a kind which is not within the means of any person to whom he can give directions;
(c) undertake operations which involve the taking over of control of the ship.
(5) The powers of the Secretary of State under subsection (4) above shall also be exercisable by such persons as may be authorised for the purpose by the Secretary of State.
(6) Every person concerned with compliance with directions given, or with action taken, under this section shall use his best endeavours to avoid any risk to human life.
(7) The provisions of this section and of section 141 are without prejudice to any rights or powers of Her Majesty’s Government in the United Kingdom exercisable apart from those sections whether under international law or otherwise.
(8) It is hereby declared that any action taken as respects a ship which is under arrest or as respects the cargo of such a ship, being action duly taken in pursuance of a direction given under this section, or being any action taken under subsection (4) or (5) above—
(a) does not constitute contempt of court; and
(b) does not in any circumstances make the Admiralty Marshal liable in any civil proceedings.
(9) In this section, unless the context otherwise requires—
“accident” includes the loss, stranding, abandonment of or damage to a ship;
“owner”, in relation to the ship to or in which an accident has occurred, includes its owner at the time of the accident; and
“specified” in relation to a direction under this section, means specified by the direction;
and the reference in subsection (8) above to the Admiralty Marshal includes a reference to the Admiralty Marshal of the Supreme Court of Northern Ireland.
(1) If any action duly taken by a person in pursuance of a direction given to him under section 137, or any action taken under section 137(4) or (5)—
(a) was not reasonably necessary to prevent or reduce oil pollution, or risk of oil pollution; or
(b) was such that the good it did or was likely to do was disproportionately less than the expense incurred, or damage suffered, as a result of the action,
a person incurring expense or suffering damage as a result of, or by himself taking, the action shall be entitled to recover compensation from the Secretary of State.
(2) In considering whether subsection (1) above applies, account shall be taken of—
(a) the extent and risk of oil pollution if the action had not been taken;
(b) the likelihood of the action being effective; and
(c) the extent of the damage which has been caused by the action.
(3) Any reference in this section to the taking of any action includes a reference to a compliance with a direction not to take some specified action.
(4) The Admiralty jurisdiction of the High Court and of the Court of Session shall include jurisdiction to hear and determine any claim arising under this section.
(1) If the person to whom a direction is duly given under section 137 contravenes, or fails to comply with, any requirement of the direction, he shall be guilty of an offence.
(2) If a person intentionally obstructs any person who is—
(a) acting on behalf of the Secretary of State in connection with the giving or service of a direction under section 137;
(b) acting in compliance with a direction under that section; or
(c) acting under section 137(4) or (5);
he shall be guilty of an offence.
(3) In proceedings for an offence under subsection (1) above, it shall be a defence for the accused to prove that he has used all due diligence to ensure compliance with the direction, or that he had reasonable cause for believing that compliance with the direction would have involved a serious risk to human life.
(4) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £50,000;
(b) on conviction on indictment, to a fine.
(1) If the Secretary of State is satisfied that a company or other body is not one to whom section 695 or section 725 of the [1985 c. 6.] Companies Act 1985 (service of notices) applies so as to authorise the service of a direction on that body under either of those sections, he may give a direction under section 137 of this Act—
(a) to that body, as the owner of, or the person in possession of, a ship, by serving the direction on the master of the ship; or
(b) to that body, as a salvor, by serving the direction on the person in charge of the salvage operations.
(2) For the purpose of giving or serving a direction under section 137 to or on any person on a ship, a person acting on behalf of the Secretary of State shall have the right to go on board the ship.
(3) In the application of subsection (1) above to Northern Ireland, for references to sections 695 and 725 of the [S.I. 1986/1032 (NI 6).] Companies Act 1985 there shall be substituted references to Articles 645 and 673 of the Companies (Northern Ireland) Order 1986.
(1) Her Majesty may by Order in Council provide that sections 137 to 140, together with any other provisions of this Chapter, shall apply to a ship—
(a) which is not a United Kingdom ship; and
(b) which is for the time being outside United Kingdom waters;
in such cases and circumstances as may be specified in the Order, and subject to such exceptions, adaptations and modifications, if any, as may be so specified.
(2) An Order in Council under subsection (1) above may contain such transitional and other consequential provisions as appear to Her Majesty to be expedient.
(3) Except as provided by an Order in Council under subsection (1) above, no direction under section 137 shall apply to a ship which is not a United Kingdom ship and which is for the time being outside United Kingdom waters, and no action shall be taken under section 137(4) or (5) as respects any such ship.
(4) No direction under section 137 shall apply to any ship of Her Majesty’s navy or to any Government ship and no action shall be taken under section 137(4) or (5) as respects any such ship.
(1) The Secretary of State may make regulations requiring oil record books to be carried in United Kingdom ships and requiring the master of any such ship to record in the oil record book carried by it—
(a) the carrying out, on board or in connection with the ship, of such of the following operations as may be prescribed relating to—
(i) the loading of oil cargo,
(ii) the transfer of oil cargo during a voyage,
(iii) the discharge of oil cargo,
(iv) the ballasting of oil tanks (whether cargo or bunker fuel tanks) and the discharge of ballast from, and cleaning of, such tanks,
(v) the separation of oil from water, or from other substances, in any mixture containing oil,
(vi) the disposal of any oil or water, or any other substance, arising from operations relating to any of the matters specified in (i) to (v) above, or
(vii) the disposal of any other oil residues;
(b) any occasion on which oil or a mixture containing oil is discharged from the ship for the purpose of securing the safety of any ship, or of preventing damage to any ship or cargo, or of saving life;
(c) any occasion on which oil or a mixture containing oil is found to be escaping, or to have escaped, from the ship in consequence of damage to the ship, or by reason of leakage.
(2) The Secretary of State may make regulations requiring the keeping of records relating to the transfer of oil to and from ships while they are within United Kingdom waters; and the requirements of any regulations made under this subsection shall be in addition to the requirements of any regulations made under subsection (1) above.
(3) Any records required to be kept by regulations made under subsection (2) above shall, unless the ship is a barge, be kept by the master of the ship, and shall, if the ship is a barge, be kept, in so far as they relate to the transfer of oil to the barge, by the person supplying the oil and, in so far as they relate to the transfer of oil from the barge, by the person to whom the oil is delivered.
(4) Regulations under this section requiring the carrying of oil record books or the keeping of records may—
(a) prescribe the form of the oil record books or records and the nature of the entries to be made in them;
(b) require the person providing or keeping the books or records to retain them for a prescribed period;
(c) require that person, at the end of the prescribed period, to transmit the books or records to a place or person determined by or under the regulations;
(d) provide for the custody or disposal of the books or records after their transmission to such a place or person.
(5) Regulations under this section may—
(a) be made with respect to all or with respect to any one or more of the classes of ship or other matters to which this section relates;
(b) make different provision for different classes of ship or otherwise for different classes of case or different circumstances.
(6) If any ship fails to carry such an oil record book as it is required to carry under this section the owner or master shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) If any person fails to comply with any requirements imposed on him by or under this section, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(8) If any person makes an entry in any oil record book carried or record kept under this section which is to his knowledge false or misleading in any material particular, he shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or imprisonment for a term not exceeding six months, or both;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.
(9) In any proceedings under this Chapter—
(a) any oil record book carried or record kept in pursuance of regulations made under this section shall be admissible as evidence, and in Scotland shall be sufficient evidence, of the facts stated in it;
(b) any copy of an entry in such an oil record book or record which is certified by the master of the ship in which the book is carried or by the person by whom the record is required to be kept to be a true copy of the entry shall be admissible as evidence, and in Scotland shall be sufficient evidence, of the facts stated in the entry;
(c) any document purporting to be an oil record book carried or record kept in pursuance of regulations made under this section, or purporting to be such a certified copy as is mentioned in paragraph (b) above, shall, unless the contrary is proved, be presumed to be such a book, record or copy, as the case may be.
(10) In this section “barge” includes a lighter and any similar vessel.
Merchant Shipping Act 1995