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Wreck Removal Convention Act 2011

Consolidated Text As Enacted Cited authorities 2 Cited in Amendments 9 Related
Vincent
JurisdictionUK Non-devolved
Citation2011 c. 8
Year2011
(1) The Merchant Shipping Act 1995 is amended as follows.(2) After section 255 insert—
    (Part 9A) Wreck Removal ConventionPreliminary
    (255A) “The Wrecks Convention”
  • “(1) In this Part—
  • (a) “the Wrecks Convention” means the Nairobi International Convention on the Removal of Wrecks 2007 done in Nairobi on 18 May 2007, and
  • (b) “Wrecks Convention State” means a State which is a party to the Wrecks Convention.
“the Wrecks Convention” means the Nairobi International Convention on the Removal of Wrecks 2007 done in Nairobi on 18 May 2007, and“Wrecks Convention State” means a State which is a party to the Wrecks Convention.The text of the Wrecks Convention is set out in Schedule 11ZA.Where an accident results in a wreck in a Convention area, the persons responsible for any United Kingdom ship involved in the accident must report the wreck without delay.If the wreck is in the United Kingdom's Convention area, it must be reported to the Secretary of State.If the wreck is in the Convention area of any other State, it must be reported to the government of that State.the master of the ship, andthe operator of the ship.A report under subsection (1) must include the information mentioned in paragraph (2) of Article 5 of the Wrecks Convention (so far as it is known) .If one of the persons responsible for a ship makes a report under subsection (1) the others are no longer under a duty to make a report.Failure to comply with the reporting requirement is an offence.on summary conviction, to a fine not exceeding £50,000, oron conviction on indictment, to a fine.This section applies where an accident results in a wreck in the United Kingdom's Convention area.The Secretary of State must ensure that the United Kingdom complies with its obligations under Articles 7 and 8 of the Wrecks Convention (locating and marking of wrecks) .a general lighthouse authority;a harbour authority;a conservancy authority.A direction may require an authority to exercise or not to exercise a power under section 252 or 253 within their area.is adjacent to the area specified in relation to the authority under section 193(1) , andis within the United Kingdom's Convention area.must be in writing, orwhere it is not reasonably practicable to give it in writing, must be confirmed in writing as soon as reasonably practicable.An authority to whom a direction is given must comply with it.a ship has been involved in an accident as a result of which it or anything from it has become a wreck in the United Kingdom's Convention area, andthe Secretary of State has determined that the wreck poses a hazard.The Secretary of State must take all reasonable steps to give a notice (a “wreck removal notice”) requiring the registered owner to comply with the obligations imposed on registered owners by paragraph 2 and 3 of Article 9 of the Wrecks Convention (removal of wrecks and production of evidence of insurance) .specify the deadline set under paragraph 6(a) of that Article for the removal of the wreck, andinform the registered owner of the other matters set out in paragraph 6(b) and (c) of that Article.A registered owner who fails, without reasonable excuse, to comply with a notice by the specified deadline is guilty of an offence.on summary conviction, to a fine not exceeding £50,000, oron conviction on indictment, to a fine.This section applies if the Secretary of State has given a registered owner a wreck removal notice.The Secretary of State may impose conditions as to the removal of the wreck in accordance with paragraph 4 of Article 9 of the Wrecks Convention.A condition is imposed by giving notice of it to the registered owner.A registered owner who fails, without reasonable excuse, to comply with a condition is guilty of an offence.on summary conviction, to a fine not exceeding £50,000, oron conviction on indictment, to a fine.The Secretary of State may remove a wreck in the United Kingdom's Convention area in the circumstances set out in paragraph 7 or 8 of Article 9 of the Wrecks Convention.a general lighthouse authority;a harbour authority;a conservancy authority.A direction may be given to an authority only in relation to a wreck within the authority's area.Section 255C(5) applies for the purposes of determining a general lighthouse authority's area.must be in writing, orwhere it is not reasonably practicable to give it in writing, must be confirmed in writing as soon as reasonably practicable.An authority to whom a direction is given must comply with it.a ship has been involved in an accident as a result of which it or anything from it has become a wreck in the United Kingdom's Convention area, andcosts have been incurred complying with section 255C or 255F (locating and marking and removal of wrecks) .The person who incurred the costs is entitled to recover them from the ship's registered owner unless the owner proves that an exception set out in paragraph 1(a) , (b) or (c) of Article 10 of the Wrecks Convention applies.a convention listed in paragraph 1 of Article 11 of the Wrecks Convention (exceptions to liability) ,an enactment implementing such a convention, orany other provision specified by order made by the Secretary of State.Where the registered owner of each of two or more ships is liable for costs under this section but the costs for which each is liable cannot reasonably be separated, the registered owners shall be jointly liable for the total costs.This section does not prevent the exercise of the right (if any) to limit liability by virtue of section 185.An order under subsection (3) (c) may be made only if a draft has been laid before and approved by resolution of each House of Parliament.An order may include incidental, supplemental or transitional provision.the period of 3 years beginning with the date on which a wreck removal notice was given in respect of the wreck, andthe period of 6 years beginning with the date of the accident which resulted in the wreck.Costs incurred by a general lighthouse authority in complying with a direction under section 255C or 255F shall be paid out of the General Lighthouse Fund if or to the extent that they are not recovered under section 255G; but section 213 shall apply as if they were expenses of the authority falling within subsection (1) of that section other than establishment expenses.This section applies to ships with a gross tonnage of 300 or more.the ship has wreck removal insurance, andthe Secretary of State has certified that it has wreck removal insurance.the ship has wreck removal insurance, andthere is a certificate confirming that it has wreck removal insurance.For a ship registered in a foreign Wrecks Convention State the certificate must be one that has been issued by or under the authority of the government of that State.by the Secretary of State, orby or under the authority of the government of a Wrecks Convention State.For the purposes of subsection (1) the gross tonnage of a ship is to be calculated in the manner prescribed by order under paragraph 5(2) of Part II of Schedule 7.In this Part—
  • “wreck removal insurance” means a contract of insurance or other security satisfying the requirements of Article 12 of the Wrecks Convention, and “insurer” means the person providing the insurance or other security, and
  • “wreck removal insurance certificate”...

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