| 1994
Chapter c. 28 - [21st
July 1994] |
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An Act to make further
provision in relation to marine salvage and marine
pollution and the discharge of functions of the
Secretary of State in connection therewith; and
for purposes connected with those purposes. |
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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:— |
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Salvage |
Salvage Convention, 1989 to have
force of law.
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1.—(1) The
provisions of the International Convention on
Salvage, 1989 as set out in Part I of Schedule 1
to this Act (in this section and in Part II of
that Schedule referred to as "the
Convention" ) shall have the force of law in
the United Kingdom.
(2) The provisions of
Part II of that Schedule shall have effect in
connection with the Convention, and subsection (1)
above shall have effect subject to the provisions
of that Part.
(3) If it appears to
Her Majesty in Council that the government of the
United Kingdom has agreed to any revision of the
Convention She may by Order in Council make such
modifications of Parts I and II of Schedule 1 to
this Act as She considers appropriate in
consequence of the revision.
(4) Nothing in
subsection (1) or (2) above or in any modification
made by virtue of subsection (3) above shall
affect any rights or liabilities arising out of
any salvage operations started or other acts done
before the day on which this section or, as the
case may be, the modification comes into force.
(5) This section may
be brought into force before the entry into force
of the Convention and as respects any such period
any reference in the Convention to a State Party
to the Convention shall be read as a reference to
the United Kingdom.
(6) The provisions of
Schedule 2 to this Act (which make amendments
consequential on subsections (1) and (2) above)
shall have effect; but nothing in any such
amendment shall affect any rights or liabilities
arising out of any salvage operations started or
other acts done before the day on which the
amendment comes into force.
(7) A draft of an
Order in Council proposed to be made by virtue of
subsection (3) above shall not be submitted to Her
Majesty in Council unless the draft has been
approved by a resolution of each House of
Parliament. |
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Marine Pollution |
Power to implement 1990 OPRC
Convention.
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2.—(1) Section
20 of the [1979 c. 39.] Merchant
Shipping Act 1979 (power by Order in Council to
implement international conventions relating to
pollution from ships, etc) shall have effect with
the insertion in subsection (1), after paragraph
(c), of the following paragraph—
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" (cc) 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;" |
.
(2) In consequence of
the amendment made by subsection (1) above, in
subsection (6) of that section for the words
"(a) to (c)" there shall be substituted
the words "(a) to (cc)". |
Amendments as to powers of
implementation.
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3.—(1) Section
20 of the Merchant Shipping Act 1979 (power by
Order in Council to implement international
conventions relating to pollution from ships, etc)
shall be amended as follows.
(2) In subsection
(3)(a), in the list of enactments there specified,
after the entry for the [1970 c. 36.]
Merchant Shipping Act 1970, there shall be
inserted the following entry—
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"section 33
of the Merchant Shipping Act 1988 (which
relates to investigations of marine
accidents);" |
.
(3) In subsection
(4), after paragraph (a), there shall be inserted
the following paragraph—
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" (aa) make
provision in terms of any document which
the Secretary of State or any person
considers relevant from time to
time;" |
.
(4) After subsection
(4), there shall be inserted the following
subsections—
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"(4A) Where
an Order in Council under subsection (1)
of this section authorises the making of
regulations for the purpose of giving
effect to an agreement mentioned in
paragraphs (a) to (cc) or falling within
paragraph (d) 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.
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(4B) Regulations
made by virtue of paragraph (e) of
subsection (4) of this section—
(a) may
make provision corresponding to the
provision authorised for an Order by
paragraphs (a) to (d) of subsection (4)
of this section; and
(b) shall
be subject to annulment in pursuance of
a resolution of either House of
Parliament.
" |
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Prevention of pollution from ships:
further power to implement international
agreements.
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4. After
section 20 of the [1979 c. 39.]
Merchant Shipping Act 1979 there shall be inserted
the following section—
"Further provision for
prevention of pollution from ships.
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20A. — (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) of this section, an Order under that
subsection may in particular include
provision—
(a) corresponding
to any provision that is authorised for
the purposes of section 20 of this Act
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 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
(e) of the said subsection (4).
(3) A draft
of an Order in Council proposed to be made
by virtue of subsection (1) of this
section shall not be submitted to Her
Majesty in Council unless the draft has
been approved by a resolution of each
House of Parliament.
" |
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Liability and compensation for oil
pollution damage: 1992 Protocols.
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5.—(1) For
the purpose of enabling effect to be given to the
1992 Protocols, the [1971 c. 59.]
Merchant Shipping (Oil Pollution) Act 1971 and the
[1974 c. 43.] Merchant Shipping Act
1974 shall have effect subject to the amendments
contained in Parts I and II respectively of
Schedule 4 to the [1988
c. 12.] Merchant Shipping Act 1988 with
the substitution, in the definition in section
19(1) of the 1971 Act of "the
Convention" and in the definitions in section
1(1) of the 1974 Act of "the Liability
Convention" and "the Fund
Convention", of "1992" for
"1984".
(2) Accordingly—
(a) the word
"1984" shall be omitted from the
section 4A(1) of the 1974 Act and the paragraph
4(a) and (d) constituting Schedule 1 to the 1974
Act as respectively inserted and substituted by
Part II of Schedule 4 to the 1988 Act; and
(b) paragraph
18 of Schedule 4 to the [1993
c. 22.] Merchant Shipping
(Registration, etc.) Act 1993 (which provides
that section 34 of and Schedule 4 to the 1988
Act shall not have effect) is hereby repealed
and the entry for Schedule 4 to the 1988 Act
shall be deemed not to have been included in
Part II of Schedule 5 to the 1993 Act
(pre-consolidation repeals).
(3) Her
Majesty may by Order in Council make such
provision as appears to Her Majesty to be
appropriate in connection with the implementation
of any transitional provisions contained in the
1992 Protocols or the Conventions which they
amend; and any such Order may in particular
provide, in relation to occurrences of any
description specified in the Order—
(a) for
provisions of the 1971 Act or the 1974 Act to
have effect—
(i) to such
extent as is so specified, as if Schedule 4 to
the 1988 Act were not in force, and
(ii) to such
extent as is so specified, as if that Schedule
were in force;
(b) for any
such provisions to have effect (whether as
amended by that Schedule or not) subject to such
modifications as are so specified.
(4) In
this section "the 1992 Protocols"
means—
(a) the
Protocol of 1992 to amend the International
Convention on Civil Liability for Oil Pollution
Damage 1969 signed in London on 27th November
1992; and
(b) the
Protocol of 1992 to amend the International
Convention on the Establishment of an
International Fund for Compensation for Oil
Pollution Damage 1971 signed in London on 27th
November 1992.
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Extension of strict liability for
oil pollution by ships.
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6.—(1) The
[1971 c. 59.] Merchant Shipping (Oil
Pollution) Act 1971 shall be amended as provided
in Schedule 3 (amendments imposing on other ships
liability for oil pollution corresponding to that
imposed on tankers).
(2) In Part I of that
Schedule "the 1971 Act" means the
Merchant Shipping (Oil Pollution) Act 1971 without
the amendments made by Part I of Schedule 4 to the
[1988
c. 12.] Merchant Shipping Act 1988.
(3) In Part II of
that Schedule "the 1971 Act" means the
Merchant Shipping (Oil Pollution) Act 1971 as
amended by Part I of Schedule 4 to the Merchant
Shipping Act 1988 ("the 1988 Act") and
section 5 of this Act.
(4) Where the
amendments of the 1971 Act made by Part II of
Schedule 3 to this Act come into force after the
1971 Act has been amended by Part I of the said
Schedule 3, Parts I and II of that Schedule shall
have effect with the modifications specified in
Part III of that Schedule. |
Extension of rights of Fund by
subrogation.
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7.—(1) In
section 8 of the [1974 c. 43.]
Merchant Shipping Act 1974 (Acquisition by
International Fund of rights of recipients of
payments made by the Fund in cases of oil
pollution damage)—
(a) for
subsection (1), there shall be inserted the
following subsection—
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"(1)
In respect of any sum paid by the Fund
as compensation for pollution damage the
Fund shall acquire by subrogation any
rights in respect of the damage which
the recipient has (or but for the
payment would have) against any other
person," |
; and
(b) subsection
(3) shall be omitted.
(2) The
amendments made by subsection (1) above apply in
relation to payments made by the Fund after this
section comes into force. |
Functions of Secretary of State in
relation to marine pollution.
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8.—(1) The
Secretary of State shall continue to have the
functions of taking, or co-ordinating, measures to
prevent, reduce and minimise the effects of,
marine pollution.
(2) Without prejudice
to the generality of subsection (1) above, the
functions of the Secretary of State under that
subsection include—
(a) the
acquisition, maintenance, use and disposal of
ships, aircraft, equipment and other property;
(b) the
provision of services, including research,
training and advice;
(c) the giving
of assistance to any other State or
international institution under any
international agreement relating to the
prevention, reduction or control of marine
pollution; and
(d) any other
functions exercisable on his behalf at the
commencement of this section by the Marine
Pollution Control Unit.
(3) Assistance
under subsection (2)(c) above shall be given on
such terms as will secure reimbursement of the
cost of giving the assistance if and to the extent
that reimbursement will be practicable in the
circumstances.
(4) The Secretary of
State may make reasonable charges for the supply
of goods or services.
(5) In this
section—
"marine
pollution" means pollution caused by ships,
offshore installations or submarine pipelines
affecting or likely to affect the United Kingdom
or United Kingdom waters or controlled waters;
"offshore
installation" means any installation which
is maintained for underwater exploitation or
exploration to which the [1971 c. 61.]
Mineral Working (Offshore Installations) Act
1971 applies;
"pipeline" has
the same meaning as in Part III of the [1975
c. 74.] Petroleum and Submarine
Pipelines Act 1975 and "submarine"
means in, under or over United Kingdom waters or
controlled waters;
"United Kingdom
waters" means any part of the sea within
the seaward limits of United Kingdom territorial
waters and "United Kingdom controlled
waters" means any part of the sea within
the limits of any area designated under section
1(7) of the [1964 c. 29.]
Continental Shelf Act 1964;
but no restriction as to the
seas to which functions under this section extend
is implied as regards the functions mentioned in
subsection (2)(c) above.
(6) In section 12 of
the [1971 c. 60.] Prevention of Oil
Pollution Act 1971 (powers of Secretary of State
to prevent or reduce oil pollution in the event of
a shipping accident), in subsection (9), after the
definition of "accident" there shall be
inserted the following—
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""owner",
in relation to the ship to or in which an
accident has occurred, includes its owner
at the time of the accident; and" |
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General |
Expenses.
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9. There
shall be paid out of money provided by
Parliament—
(a) any
expenses incurred by the Secretary of State
under this Act; and
(b) any
increase attributable to this Act in the sums
payable out of money so provided under any other
Act.
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Short title, citation,
construction, repeals, commencement and extent.
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10.—(1) This
Act may be cited as the Merchant Shipping (Salvage
and Pollution) Act 1994 and the Merchant Shipping
Acts 1894 to 1993 and this Act may be cited as the
Merchant Shipping Acts 1894 to 1994.
(2) This Act shall be
construed as one with the Merchant Shipping Acts
1894 to 1993.
(3) The enactments
mentioned in Schedule 4 to this Act are repealed
to the extent specified in the third column of
that Schedule.
(4) This Act shall
come into force on such day as the Secretary of
State may appoint by order made by statutory
instrument, and different days may be appointed
for different provisions.
(5) This Act extends
to England and Wales, Scotland and Northern
Ireland. |