Merchant Shipping and Maritime Security Act 1997

2 Powers of intervention where shipping accident threatens pollution

(1) Section 137 of the 1995 Act (powers of Secretary of State to give directions and take other action where a shipping accident threatens pollution on a large scale in the United Kingdom or in United Kingdom waters) is amended in accordance with subsections (2) to (4).

(2) In subsection (1)(b) for “cause pollution on a large scale in the United Kingdom or United Kingdom waters” there is substituted “cause significant pollution in the United Kingdom, United Kingdom waters or a part of the sea specified by virtue of section 129(2)(b)”.

(3) In subsection (2)—

(a) after sub-paragraph (b) there is inserted—

“(bb) to any pilot of the ship, or”; and

(b) at the end there is inserted “or

(d) where the ship is in waters which are regulated or managed by a harbour authority—

(i) to the harbour master, or

(ii) to the harbour authority.”

(4) In subsection (9)—

(a) for the definition of “accident” there is substituted—

““accident” means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it resulting in material damage or imminent threat of material damage to a ship or cargo;”; and

(b) after the definition of “owner” there is inserted—

““pilot” means any person not belonging to a ship who has the conduct of the ship;”.

(5) In section 141 of the 1995 Act (application of sections 137 to 140 etc. to certain ships which are outside United Kingdom waters), in subsections (1)(b) and (3), for “outside United Kingdom waters” there is substituted “neither within United Kingdom waters nor within a part of the sea specified by virtue of section 129(2)(b)”.

(6) Nothing in this section affects—

(a) any Order in Council which, immediately before the commencement of this section, has effect under section 141(1) of the 1995 Act; or

(b) any Order in Council or instrument which, immediately before the commencement of this section, has effect under any other provision of the 1995 Act and which applies section 137 of the 1995 Act.