Merchant Shipping (Salvage and Pollution) Act 1994

JurisdictionUK Non-devolved
Citation1994 c. 28
Year1994
(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.(1) Section 20 of the 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) ”.(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 (3) In subsection (4) , after paragraph (a) , there shall be inserted the following paragraph—
  • (aa) make provision in terms of any document which the Secretary of State or any person considers relevant from time to time;
.
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—
  • “(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.
  • (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.
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.may make provision corresponding to the provision authorised for an Order by paragraphs (a) to (d) of subsection (4) of this section; andshall be subject to annulment in pursuance of a resolution of either House of Parliament.
  • After section 20 of the
  • 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.corresponding to any provision that is authorised for the purposes of section 20 of this Act by subsections (3) and (4) of that section; andspecifying 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;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.(1) For the purpose of enabling effect to be given to the 1992 Protocols, the the word “1984” shall be omitted from the section 4A(1) of the 1974 Act and the paragraph 4(a) and (d)

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